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

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5 judgments
Citation
Judgment date
July 1995
Ex-parte judgment obtained without notice and pre-empting pending stay-to-arbitration application breaches natural justice and must be set aside.
Civil procedure – Ex-parte judgment – Natural justice – Failure to serve or give notice – Interlocutory applications including stay to arbitration – Jurisdictional issue – Urgency certificate misuse.
31 July 1995
Reported

Evidence - Corroboration - Evidence needing corroboration - In a trial for murder: evidence for the prosecution given by a brother of the deceased - Whether needing corroboration
Criminal Practice and Procedure -Final submissions in criminal trials - Right of reply by the prosecution -Sections 296 and 201 of the Criminal Procedure Act 1985
Criminal Law - Murder - Malice aforethought - Death from injuries inflicted in the course ofa squabble at the end ofa drinking session and in which no lethal weapon is used - Whether malice aforethought is established

3 July 1995
Reported

Civil Practice and Procedure - Execution - Stay of execution pending appeal - Applicationfor stay ofexecution where there are no prospects of the intended appeal taking off
Civil Practice and Procedure -Execution - Stay of execution pending appeal - Stay of execution sought 8 years after judgment was entered and time to take essential steps to prosecute the appeal has expired -Whether grant of stay of execution fair and just

3 July 1995

Court of Appeal Rules - Notice of Appeal - Time within which to lodge such notice - Notice lodged one day out of time - Whether Court can allow the notice to stand.

3 July 1995
Refusal to extend time to seek revocation of a grant is not an executory order warranting a stay of execution.
Probate and Administration – grant of letters of administration – application for extension of time to apply for revocation of grant – substantive revocation application dependent on extension. Civil Procedure – stay of execution pending appeal – requirement of an executable order; need to show irreparable harm or prima facie success. Composite applications – effect of deciding only the procedural limb (extension of time) and not the substantive relief.
3 July 1995