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.
15 judgments
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Results. 15 judgments found.

15 judgments
November 2019
Notice of appeal struck out where legal representatives failed to take essential steps to lodge an appeal within the prescribed time.
  • Civil procedure
    • — Appeal procedure — Strike out of notice of appeal for failure to take essential steps
    • — defective decree — duty to seek rectification and produce evidence of leave to appeal
  • Evidence — Evidentiary burden
22 November 2019
Court permitted lodging of a supplementary record under Rule 96(7) and deferred ruling on timeliness of leave to appeal.
  • Civil procedure
    • — adjournment — costs to abide outcome
    • — Appeal — incomplete record of appeal — memorandum of appeal and application documents absent
    • — Appeals — Leave — timeliness question deferred pending production of missing documents
22 November 2019
Applicant lacked locus standi because defective powers of attorney did not authorize the litigation; application struck out with costs.
  • Civil procedure — Locus standi — power(s) of attorney — defective registration (registered before execution)
22 November 2019
Applicant failed to provide acceptable security; stay of execution dismissed for failure to meet Rule 11(2) conditions.
  • Civil procedure — Stay of execution
21 November 2019
A collecting banker lacking good faith and due diligence is liable for conversion; appeal dismissed with costs.
  • Banking law — Bills of Exchange Act s.85(1) — collecting banker protection
    • — duty of care by collecting banker
    • — requires good faith and absence of negligence
  • Banking law — conversion — unlawful diversion of cheque proceeds
  • Banking law — evidentiary endorsements
    • — collusion suspicion not bar to claimant's recovery
    • — Order XIII r4 irregularity not fatal absent prejudice
21 November 2019
Appellant negligent for dealing with unauthorized agent; liability apportioned 60/40 and interest reduced to 18% per annum.
  • Civil procedure
    • — Change of judge — successor may conclude a partly-heard trial where parties aware and not prejudiced
    • — Contributory negligence — apportionment of liability (60/40)
    • — Interest — excessive contractual interest reduced to 18% per annum
    • — plaint formalities — undated plaint/verification not fatal where seal and filing date present
20 November 2019
Where no payment time was fixed under an oral sale, s30 applied; appellant failed to prove agreed instalments.
  • Contract law — Sale of goods act s.30
    • — burden of proof on party alleging returned/collected goods
    • — conduct and irregular deposits do not establish an instalment/payment-as-sold regime
    • — inadmissibility/challenge to documents may be academic if foundational grounds abandoned
    • — where parties under an oral agreement fix no time for payment, payment is due immediately
20 November 2019
An order striking out an application for leave (non‑citation) is interlocutory and not appealable as of right under Cap. 310.
  • Administrative law — Prerogative orders — appealability of interlocutory orders
  • Administrative law — section 17 Cap. 310
    • — leave to apply for certiorari/mandamus
    • — revision powers of Court of Appeal
  • Administrative law — striking out for non‑citation — finality test (Bozson)
20 November 2019
Applicant failed to account for unexplained delay and did not show illegality apparent on the record to justify extension.
  • Civil procedure
    • — Revision — Scope limited to lack of jurisdiction, illegality or material irregularity
    • — may be excused where clear illegality exists
    • — not automatic
19 November 2019
Alleged illegality (lack of High Court jurisdiction) and persistent pursuit of remedies justified extension of time to lodge revision.
  • Civil procedure — Extension of time to institute revision — alleged illegality (lack of jurisdiction) as sufficient reason for enlargement of time — applicant’s persistent pursuit of remedies in the High Court — accounting for delay and relevance of Bushiri principle
19 November 2019
A defective certificate of delay vitiates exclusion of time but may be rectified by the High Court Registrar; appeal hearing deferred.
  • Civil procedure
    • — Appeals — time bars — defective certificate does not automatically preclude rectification or relief under overriding-objective provisions
    • — Certificate of delay — defective/contradictory date in certificate
    • — Rectification — Registrar may be approached to rectify obvious clerical/typographical errors in certificate of delay
18 November 2019
A prosecution investigator who procured and possessed BRELA documents was competent to tender them; chain of custody can be proven at prosecution's close.
  • Evidence
    • — Chain of custody and admissibility of exhibits — Whether chain of custody may be established at close of the prosecution case rather than at time of tender
    • — Competence to tender exhibits — possession with knowledge suffices over strict custodian requirement
    • — admission of documents — Production under s.10 PCCB Act — Section 8(3) receipt requirement not mandatory for documents produced in response to a s.10 notice
15 November 2019
The Attorney General can be joined when public corporation assets and public interest are implicated.
  • Administrative law — Attorney general — joinder as interested party — public interest and public property
14 November 2019
High Court ruling nullified for condemning the applicant unheard and failing to comply with appellate remittal direction.
  • Civil procedure
    • — Appeal/revision — revision of High Court proceedings to examine correctness and legality
    • — Compliance with appellate remittal — High Court duty to investigate competing sales between two purchasers
    • — Misjoinder/variance of parties — proceedings void where interested party omitted and condemned unheard
    • — Relief — nullification of proceedings and direction to re-investigate, fast-track and costs in main cause
    • — Right to be heard — decision condemning interested party unheard is illegal
5 November 2019
Court refused ex-parte stay pending review and referred the application to the Full Court for determination.
  • Civil procedure — Stay of execution — Ex-parte application for stay pending review — Whether Rule 11 contemplates stays pending review or only pending appeal
1 November 2019