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.
5 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
5 judgments
Citation
Judgment date
June 1995
Court allowed extension to file a counter-affidavit where counsel's emergency medical trip abroad justified exercising discretion.
Civil procedure — extension of time — discretion to relax procedural rules — prima facie obedience to rules but departure allowed on material grounds; emergency medical treatment abroad may justify extension of time to file pleadings; belated application for extension may be allowed where exceptional circumstances exist.
23 June 1995
Court refused to vary stay of execution, finding no significant change of circumstances and interest continues to accrue.
Inherent jurisdiction to vary interlocutory orders; stay of execution is interlocutory; Rule 59 and Rule 3 considerations; requirement of significant change of circumstances to vary a stay; stay does not suspend accrual of interest.
23 June 1995
A short delay in seeking leave to appeal while awaiting the record can be condoned; application to strike out Notice of Appeal dismissed.
Civil procedure – appeal procedure – time limits for applying for leave to appeal (14 days) – requirement to attach trial court decision repealed – condonation of short delay caused by awaiting record and ruling – application to strike out Notice of Appeal dismissed.
16 June 1995
Whether internal survey fees were payable before obtaining an offer of a Right of Occupancy and entitlement to external survey fees.
Contract — survey agreement — external (boundary) versus internal (detailed) surveys — obligation to procure Right of Occupancy — timing of payment for internal survey; quantum and admissibility of counterclaim where previously struck out; substitute judgment and declaratory relief.
8 June 1995

Evidence — Confession - Retracted confession - Court accepts such evidence - Court warns itself of the danger of convicting on the basis of the uncorroborated retracted confession - Whether Court □ must give reasons.

1 June 1995