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.
2 judgments

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2 judgments
Citation
Judgment date
April 1990
A non-owner cannot transfer a right of occupancy and any such disposition without presidential consent is ineffective.
Land law – Right of Occupancy – disposition (conveyance/assignment other than mortgage) requires prior presidential consent (delegated to Director of Land Development Services); disposition without consent ineffective. Ownership/authority to sell – a non-owner cannot validly transfer property. Procedural/evidentiary note – written agreement and offer do not cure lack of title or statutory consent.
12 April 1990
A belated administrative registration cannot retrospectively remove a statutory disability nor cure delay barred by limitation.
Business Names (Registration) Ordinance, Cap 213 – s.11 registration of change of particulars – no retrospective effect; s.15(1)(a) disability continues until lifted by court. Limitation – 60‑day period applies to applications to remove registration disability; time runs from when applicant ought reasonably to have been aware (e.g. upon engaging counsel). Procedural/formal requirements – Form 6 and statutory verification/declaration required for valid registration. Finality of appellate judgment – Court of Appeal’s decision is conclusive and not negated by subsequent administrative registration.
5 April 1990