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.
457 judgments

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457 judgments
Citation
Judgment date
December 2024
A conditional stay of execution was granted to prevent demolition of disputed property pending appeal, upon fulfillment of legal requirements.
Civil Procedure – stay of execution – requirements under rule 11(5) of the Tanzania Court of Appeal Rules – security for due performance – non-monetary decree – commitment bond to maintain status quo – substantial loss – demolition of disputed property.
27 December 2024
Stay of execution granted pending appeal, conditional on security by bank guarantee due to risk of substantial loss to applicant.
Civil procedure – application for stay of execution – requirements under Rule 11(5) of Tanzania Court of Appeal Rules – substantial loss – security for due performance – undertaking to provide security – conditional stay order pending appeal.
24 December 2024
Minister’s dual role as suspending authority and appellate body is lawful where mandated by statute and not inherently biased.
Administrative law – Disciplinary proceedings – Bias and nemo judex in causa sua – Doctrine of necessity – Parallel criminal and disciplinary proceedings – Judicial review – Appellate courts refusing to interfere absent clear breach of natural justice or illegality.
24 December 2024
Termination for gross misconduct in banking upheld as procedurally and substantively fair despite technical irregularities in arbitration process.
Labour law – unfair termination – gross misconduct – evidentiary requirements – investigation reports – procedure before the Commission for Mediation and Arbitration – overriding objective – procedural irregularities – sufficiency of notice and right to be heard – recording of evidence – question and answer format – employment disciplinary proceedings.
23 December 2024
A stay of execution pending appeal was granted upon the applicant meeting rule 11 requirements and offering sufficient security.
Civil Procedure – Stay of execution – Labour law – Grant of stay under Tanzania Court of Appeal Rules – Compliance with rule 11 – Requirement for security – Substantial loss – Omission of documents – Garnishee nisi order.
13 December 2024
An application for stay of execution was dismissed as time-barred where applicants filed beyond the allowed 14-day period.
Civil procedure – application for stay of execution – computation of time for filing application – service of notice – whether application was filed within prescribed time – effect of time-barred application – interplay between Deputy Registrar's ruling and underlying High Court decree.
10 December 2024
An application for stay of execution was struck out as time-barred, procedurally improper, and overtaken by execution events.
Civil Procedure – Application for stay of execution – Time limits for filing – Compliance with court orders – Prematurity or mootness due to execution already commenced – Rule 11(4) of the Court of Appeal Rules, 2009.
6 December 2024
The Court of Appeal lacks jurisdiction to grant injunctions restraining mortgagee sales where the High Court was not first approached.
Civil procedure – Appellate jurisdiction – Temporary injunctions – Mortgagee’s power of sale – Proper forum for applications for injunctive relief – Inherent powers of the Court of Appeal under rule 4.
2 December 2024
November 2024
Court of Appeal cannot stay a public auction not based on a court decree or order; stay application struck out as incompetent.
Civil procedure – stay of execution – jurisdiction of Court of Appeal – requirement for executable decree or order – applicability of inherent jurisdiction where specific remedy exists – mortgagee's right to auction outside court execution process.
28 November 2024
The Court held that a finance manager’s unauthorized use of employer’s funds justified dismissal, upholding only statutory post-dismissal entitlements.
Labour law – Termination of employment – Substantive and procedural fairness – Misappropriation of employer’s funds as gross misconduct – Notice requirements for disciplinary hearings – Remedies and statutory entitlements post-termination – Repatriation – Subsistence allowance – Appeal limited to points of law.
28 November 2024
Where time is not of the essence, minor delays in payment due to circumstances beyond a party's control do not defeat specific performance in a land sale contract.
Contract – Sale of land – Breach of contract – Time of essence – Amendment of pleadings – Specific performance – Delay in bank transfers – Procedural fairness in amendments – Interpretation of payment terms in property transactions.
25 November 2024
Appellant's claim of land ownership failed for lack of proof and reliance on irrelevant criminal proceedings.
Land Law – Ownership of immovable property – Burden of proof in civil litigation – Irrelevance of criminal proceedings to land ownership disputes – Evaluation of hearsay and documentary evidence – Judicial discretion in consolidation of appeal grounds.
25 November 2024
A finding of unfair termination requires reinstatement unless impracticable, with strict adherence to procedural fairness in disciplinary hearings.
Labour law – Unfair termination – Procedural fairness – Requirement for formal charge and presentation of evidence in disciplinary hearings – Reinstatement as primary remedy where pleaded – Compensation in lieu of reinstatement – Sections 40 and 44 of the ELRA considered.
21 November 2024
A judgment is a nullity where a court determines issues not raised or addressed by the parties, violating natural justice.
Civil procedure – right to be heard – natural justice – judicial conduct – courts limited to issues raised by parties – consequences of acting on issues not raised or pleaded – nullity of judgment for breach of natural justice.
21 November 2024
A stay of execution was refused due to false and unsubstantiated claims in the applicant's supporting affidavit.
Civil procedure – application for stay of execution – requirements under Court of Appeal Rules – affidavits – evidentiary burden – falsehoods in affidavits – substantial loss – proof of ownership – employment dispute.
20 November 2024
Failure to properly verify substantive affidavit paragraphs renders an application for stay of execution fatally defective and incompetent.
Civil Procedure – Stay of execution – Defective affidavit – Requirements for verification – Consequences of non-compliance with procedural rules – Labour law context.
19 November 2024
Dismissal of appeal challenging refusal of specific performance and special damages for unproven commercial loss due to business eviction.
Civil procedure – documentary evidence – admissibility of documents with name discrepancies – specific performance – requirements for acceptance of offer – damages – special and general damages – proof required for pecuniary claims – appellate interference with trial court's discretion.
19 November 2024
An application to deem a notice of appeal withdrawn for inaction failed due to lack of proof of service of documents.
Civil Procedure – Notice of appeal – Deemed withdrawal – Burden of proof – Service of notice and appeal documents – Rule 91(a) Tanzania Court of Appeal Rules, 2009.
19 November 2024
Court of Appeal single justice lacks jurisdiction to depart from earlier decisions or grant stay of execution pending review.
Appellate procedure – Jurisdiction – Departure from previous decisions – Application for stay of execution pending review – Full bench required for overruling Court decisions – Court’s lack of jurisdiction to grant stay of execution pending review of its own judgment.
19 November 2024
An application for stay of execution filed out of time under Rule 11(4) must be dismissed regardless of officer serving notice.
Civil procedure – Stay of execution – Time limitation – Interpretation of Rule 11(4) of the Court of Appeal Rules – Definition of executing officer – Application filed out of time – Dismissal with costs.
19 November 2024
Failure to properly serve appeal documents within required timelines renders an appeal incompetent and liable to be struck out.
Civil Procedure – Appeal – Service of notice of appeal – Service of letter requesting appeal documents – Mandatory procedural requirements – Proof of service – Consequences of non-compliance – Time barring of appeals – Labour matters – Ignorance of law or counsel’s mistake no excuse.
19 November 2024
Failure to plead grounds for review and account for delay renders an application for extension of time incompetent.
Civil Procedure – Extension of time – Application for review – Grounds for review must be set out in notice of motion – Duty to account for delay – Illegality must be pleaded in affidavit, not submissions.
19 November 2024
A conditional stay of execution was granted where applicants met all legal requirements and demonstrated risk of irreparable loss.
Civil Procedure – Stay of execution – requirements under rule 11 of Tanzania Court of Appeal Rules – irreparable loss – demonstration of security – conditional stay granted pending appeal.
19 November 2024
Where reinstatement is not sought in an unfair termination claim, compensation is the appropriate remedy, not reinstatement.
Labour law – unfair termination – procedural and substantive fairness – jurisdiction of the High Court in labour revision – appropriate reliefs for unfair termination – reinstatement vs. compensation – procedural requirements for instituting revision.
15 November 2024
A person who reports a crime in good faith is not liable for police error resulting in the wrongful arrest of third parties.
Tort – false imprisonment – elements of proof – hearsay evidence – reporting crime to police – protection for good faith reporting under Criminal Procedure Act – standard of proof in civil cases – evidentiary burdens and civic duty to report crime – police conduct not attributable to informant absent malice.
15 November 2024
A respondent must prove the existence of a joint venture before claiming enforcement of its dissolution and related payments.
Contract—Joint venture—Burden of proof—Enforceability of dissolution agreement—Jurisdiction—High Court Commercial Division—Pecuniary and territorial jurisdiction—Company vs. natural persons—Standard of proof in civil litigation.
15 November 2024
Spousal consent is not required for transfer of property if the spouse never resided there and approval by land authorities was obtained.
Land Law – Transfer of property – Matrimonial homes – Spousal consent – Approval by Commissioner for Lands – Law of Marriage Act – Land Act – Validity of disposition – Administration of estates – Burden of proof on allegations of fraud.
15 November 2024
A suit for land was nullified due to insufficient property description in the plaint as required by civil procedure rules.
Civil procedure – Pleadings – Plaint for immovable property – Sufficiency of description – Requirement under Order VII rule 3 CPC – Nullity of proceedings for lack of proper land description.
14 November 2024
Revoking an appointment without giving the affected party a hearing renders the decision a nullity for breach of natural justice.
Civil procedure – right to be heard – revocation of an administrative appointment – effect of denial of audi alteram partem – nullification of High Court proceedings and orders made without affording a party the right to be heard.
14 November 2024
A review application was dismissed as the alleged errors were not manifest on the face of the judgment and did not warrant rehearing.
Criminal law – review of Court of Appeal decision – manifest error on the face of the record – deprivation of the right to be heard – scope of review powers under rule 66 of Court of Appeal Rules – distinction between review and appeal.
14 November 2024
Procedural and evidentiary challenges to a drug trafficking conviction dismissed where non-fatal irregularities caused no prejudice and proof was sufficient.
Criminal procedure – Jurisdiction of the High Court in economic offences – Validity of consent by the Director of Public Prosecutions – Search and seizure – Emergency searches under drug control law – Admissibility of physical exhibits – Effect of procedural irregularities in committal and trial – Proof beyond reasonable doubt in drug trafficking cases.
14 November 2024
A notice of appeal may be struck out for failure to take essential procedural steps within prescribed time limits.
Civil procedure – Appeals – Notice of appeal – Failure to prosecute appeal within the prescribed period – Requirement to take essential steps – When notice of appeal may be struck out under rule 89(2) of the Court of Appeal Rules, 2009.
13 November 2024
Division of matrimonial property nullified for failure to afford lawful spouse the right to be heard in prior proceedings.
Matrimonial law – right to be heard – natural justice – division of matrimonial property – whether lawful spouse not joined in proceedings is denied constitutional right to be heard – effect of breach of audi alteram partem rule.
13 November 2024
Registrar cannot refuse to admit an application on substantive grounds such as res sub-judice; only formal defects justify rejection.
Civil procedure – powers of court registry – Registrar’s mandate under Rules 12 and 14(3) of the Tanzania Court of Appeal Rules – distinction between defects in form and substance – res sub-judice – whether Registrar may reject applications on substantive grounds – judicial versus administrative functions.
13 November 2024
A public servant must exhaust all internal remedies under the Public Service Act before approaching the CMA for labour disputes.
Labour law – Public servants – Exhaustion of internal remedies – Jurisdiction of the CMA – Section 32A of the Public Service Act – Jurisdictional objections can be raised at any stage – Effect of mislabeling decisions on substance.
13 November 2024
Prior judgments are not binding on non-parties for purposes of refusing registration of foreign arbitral awards.
Arbitration – Registration of foreign arbitral award – Effect of ruling in prior proceedings to which present applicant was not a party – Distinction between judgments in personam and in rem – Arbitration clause revocation – Jurisdiction of arbitral tribunal – Right to be heard.
13 November 2024
Illegality in a challenged decision can constitute sufficient reason for extension of time and must be considered by the court.
Civil procedure – Extension of time – Illegality or irregularity as sufficient reason – Proper approach by courts – Duty to consider allegations of illegality when raised in applications for extension of time.
12 November 2024
Alleged illegality in a decision is sufficient reason for extension of time to challenge it; High Court misdirected itself.
Civil procedure — Extension of time — Illegality of impugned decision as sufficient reason — High Court misdirection in refusing to consider illegality — Quashing of ruling and remittal for rehearing.
12 November 2024
A stay of execution was granted pending appeal on condition the applicant provide a bank guarantee within one month.
Civil procedure – Stay of execution pending appeal – Rule 11 of Court of Appeal Rules – Timeliness of application – Substantial loss – Bank guarantee as security – No opposition from respondents
12 November 2024
An application for stay of execution was struck out as time-barred for being filed outside the prescribed period without an extension.
Civil procedure – stay of execution – limitation period – application for stay of execution must be filed within fourteen days of service of notice of execution – struck-out applications do not save time – extension of time required for fresh application filed out of time.
12 November 2024
Preliminary objections failing to cite specific law or disposing the matter cannot succeed in the Court of Appeal.
Civil procedure – Preliminary objection – Content and effect of preliminary objection in Court of Appeal – Rule 107 of Tanzania Court of Appeal Rules – Requirements not met – Mukisa Biscuits applied.
12 November 2024
Reference dismissed: procedural defect cured but applicant failed to prove substantial loss or provide acceptable security.
* Civil procedure – Reference against decision of a single Justice – competence of reference where instituted by notice of motion without affidavit – interplay of rule 62 and rule 48(1) and application of the Overriding Objective (section 3B(1)). * Civil procedure – Stay of execution – requirements under rule 11(5): proof of likely substantial loss and provision of acceptable security for due performance – ownership of offered security. * Appellate review – limited grounds for interfering with a single Justice’s exercise of discretion (irrelevance, omission, misapprehension, or plainly wrong decision).
12 November 2024
Striking out an application for being time-barred does not preclude the filing of a subsequent extension of time application.
Civil Procedure – extension of time – striking out versus dismissal – whether striking out for time-barred applications precludes subsequent applications for extension of time – distinction between dismissal and striking out of applications.
12 November 2024
Court may invoke rule 4 to stay execution pending extension application despite rule 11(4) time limit.
Court of Appeal – Rule 4(1) and (2)(a),(b) discretionary power to depart from Rules in interests of justice – stay of execution pending extension of time application – interplay with Rule 11(4) fourteen-day requirement – res judicata where prior applications struck out for procedural defects not on merits.
12 November 2024
A timely application for a stay of execution was granted upon compliance with rule 11 requirements, pending determination of appeal.
Civil procedure—stay of execution—criteria for grant of stay—timeliness—demonstration of substantial loss—provision of security—requirements under rule 11 of the Tanzania Court of Appeal Rules, 2009.
8 November 2024
A court upheld the refusal to extend the deadline for filing a witness statement due to insufficient justification and lack of evidence.
Civil procedure – extension of time – failure to file witness statements – requirement for sufficient cause and evidentiary support for delays – relevance of counsel’s personal commitments – strict observance of procedural timelines.
8 November 2024
An application for stay of execution was struck out as there was no executable court order to be stayed.
Probate law – application for stay of execution – requirement of executable order – Rule 11(7)(d) of the Tanzania Court of Appeal Rules – non-court notice not amounting to executable order – preliminary objection sustained.
7 November 2024
A fresh claim for subsistence allowance was barred as res judicata, as it should have been raised during execution.
Labour law – Repatriation – Subsistence allowance – Res judicata – Execution of awards – Fresh claims barred where they could have been raised during execution proceedings.
6 November 2024
An application for stay of execution is incompetent where the decree does not confer any executable rights to either party.
Civil procedure – application for stay of execution – executability of decree – dismissal of suit without conferring rights – competence of application for stay of execution where no executable order exists.
6 November 2024
A trial court's reliance on unsworn testimony fatally vitiates the proceedings and necessitates a retrial before a new judge.
Civil procedure – evidence – requirement for witnesses to be sworn or affirmed before giving testimony – proceedings based on unsworn evidence – consequences of relying on invalid testimony – nullification of judicial proceedings and order for retrial.
5 November 2024