Court of Appeal of Tanzania

This is the highest level in the justice delivery system in Tanzania. The Court of Appeal draws its mandate from Article 117(1) of the Constitution of the United Republic of Tanzania. The Court hears appeals  on both point of law and facts for cases originating from the High Court of Tanzania and Magistrates with extended jurisdiction in exercise of their original jurisdiction or appellate and revisional jurisdiction over matters originating in the District Land and Housing Tribunals, District Courts and Courts of Resident Magistrate. The Court also hears similar appeals  from quasi judicial bodies of status equivalent to that of the High Court. It  further hears appeals  on point of law against the decision of the High Court in  matters originating from Primary Courts. The Court of Appeal also exercises jurisdiction on appeals originating from the High Court of Zanzibar except for constitutional issues arising from the interpretation of the Constitution of Zanzibar and matters arising from the Kadhi Court.

Physical address
26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
6,082 judgments

Court registries

  • Filters
  • Judges
  • Labels
  • Outcomes
  • Topics
  • Alphabet
Sort by:
6,082 judgments
Citation
Judgment date
November 2025
10 November 2025
Extension application struck out for failing to first apply to the High Court and for non‑compliance with rule 45A(3).
Court of Appeal Rules 2009 — rule 45A and rule 47 — extension of time to file notice of appeal — requirement to first apply to High Court where concurrent jurisdiction — mandatory filing of High Court decision, chamber summons and supporting affidavit under rule 45A(3) — competence and jurisdiction — omnibus applications.
10 November 2025
7 November 2025
October 2025
Extension of time granted to file revision due to jurisdictional defects and other apparent illegality on the face of the record.
Extension of time – good cause – illegality on face of record; Jurisdiction – trial court competence and time‑barred first appeal; Non‑joinder of necessary parties – right to be heard; Change/misdescription of parties/amendment; Representative suit without leave; Excessive decretal interest.
23 October 2025
Court granted retrospective extension of time to validate out-of-time service of documents, finding good cause and no prejudice to respondent.
Civil procedure – Extension of time – Good cause required under Rule 10 – Inadvertent omission to serve documents – Retrospective extension to date of out-of-time service – No prejudice where respondent served with record and filed submissions.
23 October 2025
Material discrepancies between the charge and evidence and failure to amend the charge warranted acquittal and release of the appellant.
* Criminal procedure – variance between charge and evidence – duty to amend charge under section 251 (formerly 234) CPA when material discrepancies appear. * Criminal evidence – material inconsistencies (number of assailants; nature of injury; accused's particulars) – fatal to prosecution if unamended. * Second appeal – interference permitted where findings are perverse, misapprehended, or miscarriage of justice. * Burden of proof – failure to prove charge beyond reasonable doubt entitles accused to acquittal.
22 October 2025
Extension of time granted where technical delay and diligent pursuit of rights justified securing the applicant's right to be heard.
Extension of time; good cause under Rule 10; technical delay from struck-out appeal may justify extension; right to be heard; substituted service and hearing in absence of respondents.
21 October 2025
A signed redundancy notice with reservations does not constitute agreement; retrenchment was unfair, compensation reduced to 12 months.
* Employment law – Retrenchment – Whether a signed redundancy notice with reservations creates a binding agreement; estoppel. * Employment law – Procedural and substantive fairness – Compliance with section 39 ELRA (notice, disclosure, consultation) and justification for operational requirements. * Remedies – Compensation for unfair termination under section 40 ELRA; appellate revision and reduction of awarded months' remuneration. * Civil procedure – Correctness of High Court's revision where it recharacterised termination as by agreement.
20 October 2025
A defective charge omitting mode of trafficking and a broken chain of custody rendered the conviction unsafe.
* Criminal procedure – Particulars of charge – Section 135 CPA – charge must specify mode of "trafficking" to give accused reasonable information. * Drug offences – Trafficking definition – plurality of modes (possession, storing, distribution) requires clarity in particulars. * Evidence – Chain of custody – prosecution must account for continuous custody of exhibits from seizure to tendering; broken chain raises reasonable doubt. * Standard of proof – any reasonable doubt must be resolved in favour of accused; conviction unsafe if charge defective or exhibits mishandled.
20 October 2025
Alleged non‑supply of a Single Justice’s ruling did not constitute sufficient cause to enlarge time for reference.
Appeal procedure – Reference from Single Justice – Rule 62(1) – Enlargement of time – Sufficient cause required – No obligation to annex Single Justice’s decision – Court’s discretion.
17 October 2025
Conviction quashed due to failure to list the physical exhibit at committal and an unproven chain of custody.
* Criminal law – Narcotic drugs – Trafficking – Requirement to list and explain real/physical exhibits at committal – generic reference to "physical exhibits" insufficient. * Evidence – Chain of custody – continuity must be proved from seizure to tendering; unexplained breaks undermine evidential value. * Evidence – Ownership/linkage of containers (bags) – physical containers must be produced or proved to link accused to contraband. * Procedure – Tendering of exhibits and Government Chemist reports – compliance with committal and trial rules crucial to fair trial.
17 October 2025
Forgery convictions quashed for lack of proof and because ownership dispute was a civil/matrimonial matter.
* Criminal law – Forgery (s.333 Penal Code) – element of intent to defraud must be proved beyond reasonable doubt. * Criminal procedure – Successor magistrate (s.214(1) CPA) – duty to record reasons and inform right to recall witnesses; failure to inform requires demonstration of prejudice. * Jurisdiction – Improper use of criminal court to determine civil/matrimonial property disputes.
17 October 2025
Non‑compliance with section 245 CPA rendered the plea equivocal; conviction and sentences quashed and matter remitted for trial.
Criminal procedure – Plea-taking – section 245 CPA – admissions must be recorded in accused’s own words; exhibits that establish offence ingredients should be tendered before or contemporaneously with plea; failure to comply renders plea equivocal and conviction void – Remittal for fresh plea/trial.
17 October 2025
Including non-parties in a notice of appeal without leave renders the appeal incompetent.
Civil procedure – Appeals – Competence – Inclusion of non-parties in notice/memorandum of appeal without leave; Rule 84(1) service on persons directly affected by appeal; Fatal irregularity; Revisional powers under section 6(2) AJA not available where appeal is incompetent.
16 October 2025
Extension to file review dismissed for failure to account for delay and to plead grounds for review.
* Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – applicant must show good cause and account for each day of delay. * Review – Rule 66(1)(a)-(e) – grounds for review (manifest error on face of record, denial of hearing, nullity, lack of jurisdiction, fraud/perjury) must be expressly pleaded. * Prisoner litigant – reliance on prison officers does not substitute for accounting and diligence requirements.
13 October 2025
Reference dismissed; taxing officer’s award of TZS 2,090,000 upheld despite minor misdirection on applicable scale.
Civil procedure – Taxation of costs – Instruction fees on applications – Proper application of paragraph 9(1) and (4) of Third Schedule; delay in service of written submissions and right to be heard; exercise of taxing officer’s discretion – principles limiting interference; change of advocate and paragraph 16 compliance.
13 October 2025
9 October 2025
Court refuses to disturb Taxing Officer’s discretionary taxation of costs and dismisses reference with costs.
Taxation of costs – discretion of Taxing Officer; instruction fees – application of Premchand principles; Court of Appeal Rules (Third Schedule para 9) vs. Advocate Remuneration Order 2015; inclusion of bill of costs item; travel and accommodation allowances.
6 October 2025
Appeal struck out as time-barred for failure to serve the copy-request under rule 90(3).
Civil procedure – Appeal time limits – Rule 90(1) and (3) Court of Appeal Rules, 2019 – requirement to file written request for certified copies within 30 days and to serve respondents – Registrar’s certificate of delay not available where request not served – overriding objective cannot cure mandatory time limits – remedy: strike out appeal.
2 October 2025
September 2025
High Court wrongly reduced compensation for procedural unfair termination; arbitrator could not order TBA clearing as TBA was not a party.
Labour law — unfair termination — procedural vs substantive unfairness — compensation under section 40(1)(c) ELRA (minimum 12 months) — jurisdiction of arbitrator to order relief affecting non-parties (TBA) — courts must decide only pleaded issues and invite parties to address unpleaded issues.
30 September 2025
Compensation is prerequisite to valid land acquisition; title without it is invalid and unpleaded suo motu awards are vacated.
Land law — Compensation as condition precedent to acquisition and validity of title; customary rights versus granted title; limitation inapplicable to defensive challenge; double allocation — Commissioner for Lands must be joined; new grounds not allowed on second appeal; courts cannot make unpleaded suo motu awards.
30 September 2025
Applicant failed to account for each day of delay and provide supporting evidence; extension of time was refused.
* Civil procedure – Extension of time under Rule 10 – Applicant must show good cause and account for each day of delay; vague affidavits and lack of documentary proof are fatal to the application.
30 September 2025
An application for leave to seek judicial review requires only an arguable case, not a merits determination at the leave stage.
* Judicial review – leave stage – screening exercise – court must determine only whether an arguable case exists without delving into substantive merits. * Administrative law – prerogative orders (certiorari, mandamus) – test for leave: plausible legal ground, supporting facts, timeliness, sufficient interest. * Procedural impropriety – improper resolution of merits at leave stage vitiates decision; remittal for fresh hearing before different judge.
25 September 2025
Proceedings and decree affecting an occupier's rights were declared void for denial of the right to be heard.
Revision jurisdiction; right to be heard; nullity of proceedings where affected person not heard; settlement-based decree and possession; party status and joinder.
25 September 2025
A plaint must sufficiently describe immovable property (boundaries/title); failure to do so defeats a land claim.
Civil procedure — Pleadings — Description of immovable property — Order VII r.3 CPC — Plaintiff must plead sufficient particulars (boundaries/neighbours/title) to identify land; failure renders claim unproven. Evidence — Burden of proof — Exhibit alone cannot cure defective pleadings.
24 September 2025
Confusion over DNA testing order and report vitiated the appellant’s trial, justifying quashing of conviction and release.
Criminal procedure — DNA evidence — provenance and admissibility — order for testing unclear — failure to hear parties — fair‑trial requirements — confusion vitiating proceedings — revisionary powers to nullify and quash conviction.
23 September 2025
Applicant's failure to plead illegality and to show sufficient cause for non‑appearance justified dismissal of restoration application.
Civil procedure – restoration of dismissed suit – Order IX r.6 CPC – burden to show sufficient cause; negligence vs. confusion; pleading of illegality; distinction where alleged illegality relates to a different decision.
18 September 2025
An employee who has completed six months' service may access the CMA, even if still on probation; Labour Court erred.
Labour law – CMA jurisdiction – qualifying period under section 35 – probationary employees – jurisdictional objections to be raised under rule 20 at CMA – statutory interpretation and ILO Convention No.158.
18 September 2025
An application for extension of time to appeal was dismissed where delay was unexplained and alleged irregularities were not apparent illegalities.
Civil procedure – Extension of time – Sufficient cause – Apparent illegality as good cause – Need to account for each day of delay – Criteria for entertaining extension applications in land disputes.
13 September 2025
A company must have a Board resolution and privity of contract to validly sue for breach of agency agreement.
Civil procedure – locus standi – company suits – requirement for Board resolution prior to instituting proceedings – doctrine of privity of contract – agent's rights to sue – defects in authority rendering suit incompetent.
12 September 2025
The court reviewed and reversed its prior judgment due to manifest error in failing to apply insurance law on contract renewal and premium payment.
Insurance law – Review of appellate decision – Manifest error for failure to apply Insurance Act – Contractual renewal – Payment of premiums – Principle of utmost good faith (uberima fides) – Application of statutory grace periods – Finality of litigation versus correcting manifest legal error.
12 September 2025
Absence of a filed notice of appeal under s.361 CPA renders the High Court’s appeal proceedings incompetent.
* Criminal procedure – Appeal process – Requirement to file notice of appeal under section 361 CPA – Jurisdictional consequence of omission. * Appeals – Incompetence – Where no notice of appeal is filed the appellate court lacks jurisdiction and appeal must be struck out. * Prison appellants – Burden to prove delivery of notice of appeal to prison authorities if alleged lost or misplaced. * Revisional powers – Court of Appeal may nullify first appellate proceedings and strike out incompetent appeals.
12 September 2025
Improper substitution of charges and failure to reassess evidence rendered dismissal proceedings and their affirmation a nullity.
Labour law – unfair termination – proper framing of charges in employment disputes – procedural fairness – review powers of the High Court under section 91 of the ELRA – nullity of proceedings where allegations are substituted without basis.
12 September 2025
The Court of Appeal upheld a conviction for grave sexual abuse, confirming child testimony procedures and sufficiency of evidence.
Criminal law – grave sexual abuse – evidence of child witnesses – compliance with section 127(2) of the Evidence Act – voire dire not required – sufficiency and credibility of prosecution evidence – consideration of defence – right to fair hearing – appellate review.
10 September 2025
Omission of explicit oath or affirmation wording in witness statements does not invalidate proceedings where substantial compliance is shown.
Civil Procedure – Commercial Court – Witness statements – Oath or affirmation – Substantial compliance with prescribed form – Whether lack of explicit ceremonial wording vitiates proceedings – Curability of procedural irregularities under the Oaths and Statutory Declaration Act.
9 September 2025
The Court of Appeal struck out an appeal for improperly raising factual issues outside its labour appellate jurisdiction.
Labour law – appellate jurisdiction – Court of Appeal limited to points of law in labour matters – probationary employment – whether appeal on employee status raises point of law or fact – jurisdiction of appellate court – procedure – introduction of new grounds on appeal.
9 September 2025
Court confirms that only manifest, self-evident errors justify review of Labour Court decisions; clerical mistakes alone do not.
Labour law – review of High Court decisions – review jurisdiction limited to manifest errors apparent on the face of the record – distinction between clerical errors and errors warranting review – proper application of review versus appeal in labour matters.
9 September 2025
Termination based on short-term unauthorised absence and unproven dishonesty, without proper procedure, is unfair under labour law.
Labour law – Dismissal – Absence from work – Burden of proof on employer – Procedural fairness – Right to fair hearing – Disciplinary procedures – Appropriate sanctions for unauthorized absence.
9 September 2025
Court set aside improperly pleaded damages but upheld finding of unfair termination and statutory compensation to employee.
Labour Law – Unfair termination – procedural and substantive fairness – burden of proof – proper pleading and proof of damages – statutory relief versus general and specific damages – appeals on points of law only.
9 September 2025
August 2025
Defamatory newspaper notices about debt default must meet the public benefit test and cannot be justified solely by truth.
Defamation – Libel – Truth and public benefit as defence – Newspaper advertisement naming ex-employees as 'wanted' and 'delinquent debtors' – Justification – Quantum of damages – Whether public interest justified defamatory notice to compel debt repayment – Media law interpretation.
29 August 2025
Failure to follow mandatory third-party procedure vitiates trial proceedings and requires retrial according to law.
Civil procedure – Third party procedure – Joinder of parties – Requirement under Order 1 Rule 18(1) of the Civil Procedure Code for directions after third party has filed a defence – Effect of non-compliance – Nullification of proceedings, judgment and decree – Remittal for fresh determination.
29 August 2025
A land sale by a caretaker based on a forged power of attorney was void, and subsequent buyers couldn't claim bona fide purchaser protection.
Land law – Ownership dispute – Bona fide purchaser – Forgery – Re-survey of plots – Power of attorney – Title evidence – Abuse of trust – Due diligence – Civil/criminal proceedings interaction.
28 August 2025
A suit absolutely withdrawn without leave to refile cannot be restored and further proceedings are a nullity.
Civil procedure – withdrawal of suit – effect of absolute withdrawal under Order XXIII rule 1(3) of the Civil Procedure Code – jurisdiction of court to restore withdrawn suit – nullity of proceedings conducted without jurisdiction.
27 August 2025
An appeal challenging the validity of co-administrator appointments in a new probate case dismissed as prior orders did not bind new proceedings.
Probate and administration – compliance with previous court’s orders – effect of order to file fresh case as opposed to retrial – binding effect of court orders confined to parties – appointment of co-administrators – assessors’ participation in new probate proceedings.
27 August 2025
Failure to join a necessary party rendered the High Court proceedings null, requiring remittal for proper joinder and rehearing.
Civil Procedure – parties – necessary parties – non-joinder of estate administrator – procedural defects – effect – notice of change of advocate – application under Court of Appeal Rules – required timing and effect.
27 August 2025
Pursuit of wrong remedies and inadequate accounting for delay preclude extension of time to file appeal.
Civil procedure – Extension of time – Duty to account for each day of delay – Pursuit of wrong legal remedies not sufficient cause – Illegality as ground must be pleaded in affidavit – Application dismissed for lack of merit.
26 August 2025
An applicant's illness-supported delay can warrant extension of time to file notice of appeal if prompt, diligent action is shown.
Civil procedure – Application for extension of time – Good cause – Illness of counsel as a ground for delay – Promptness and diligence – Compliance with procedural requirements under Rule 45A of the Court of Appeal Rules – Exercise of judicial discretion.
26 August 2025
Application for extension of time to stay registration of an arbitral award granted due to serious allegations of illegality in underlying court proceedings.
Civil Procedure – Extension of time – Application for stay of registration of arbitral award – Requirement to account for each day of delay – Illegality as sufficient cause for extension – Whether serious allegations of illegality warrant indulgence even where delay is not strictly accounted for.
26 August 2025
A review application cannot be used to reargue factual disputes or re-evaluate evidence under the guise of manifest error.
Civil procedure – Review – Manifest error on the face of the record – Share transfer – Corporate governance – Right to be heard – Narrow scope of review under rule 66(1).
22 August 2025
A non-citizen cannot inherit landed property in Tanzania, save for investment purposes under the Tanzania Investment Act.
Land law – Inheritance – Bequeathal of land to non-citizen heirs – Section 20 of the Land Act, Cap. 113 – Transmission of land by operation of law – Limitation on non-citizen land rights – Public policy favoring local ownership.
22 August 2025