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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
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https://jmap.judiciary.go.tz/jmap/jmap-coa
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4 judgments
Citation
Judgment date
March 1991
Adriano Masongera vs Republic (Criminal Appeal No. 77 of 1990) [1991] TZCA 47 (21 March 1991)
A conviction rested on an uncorroborated dying declaration is unsafe without independent supporting evidence.
Criminal law – evidence – dying declaration – repetition shows consistency but not guaranteed accuracy; corroboration required for safe conviction; identification in darkness and absence of motive raise serious doubt.
 21 March 1991
Director of Public Prosecutions vs Abdallah Rajabu Matumbo and 2 Others (Criminal Appeal No. 68 of 1990) [1991] TZCA 48 (21 March 1991)
Whether a High Court declaration that s.148(4)–(5) C.P.A. is unconstitutional binds a Principal Resident Magistrate under the doctrine of precedent.
* Criminal procedure – Bail – Section 148(4) and (5) C.P.A. – constitutionality – High Court declaration of unconstitutionality of entire subsection (5) binds lower courts. * Doctrine of precedent – Ratio decidendi binds lower courts; obiter dicta do not – determining scope of issues decided in prior case. * Conflicting High Court decisions – where one High Court decision covers the whole subsection its ratio is binding on subordinate tribunals.
 21 March 1991
Director of Public Prosecutions vs Abdallah Rajabu Mtuinbo and 2 Others (Criminal Appeal No. 68 of 1990) [1991] TZCA 79 (21 March 1991)
A lower court is bound by a High Court ratio declaring s.148(4)–(5) of the Criminal Procedure Act unconstitutional, permitting bail.
Criminal procedure — Bail — s.148(4) & (5) Criminal Procedure Act — constitutionality — ratio decidendi vs obiter — binding precedent on lower courts — effect of alleged conflicting High Court decisions.
 21 March 1991
Atlantic Electric Ltd vs Morogoro Region Cooperative Union (Civil Application No. 26 of 1990) [1991] TZCA 81 (11 March 1991)
Reported

Court of Appeal Rules - Notice of Intention to Appeal - Essentials of a Notice of Appeal - Form and Content of a Notice of Appeal - Form D in the First Schedule to the Court of Appeal Rules 1979.
Civil Practice and Procedure -Appeals to the Court of Appeal — Time in which to appeal and steps necessary to take before instituting appeal- Rule 83 of the Court of Appeal Rules 1979.
Court of Appeal Rules - Right to apply for extension of time to appeal - Whether provisions prescribing period in which necessary steps for instituting appeals should be taken are mandatory - Rules 8 and 83 of the Court of Appeal Rules 1979.

 11 March 1991