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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
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https://jmap.judiciary.go.tz/jmap/jmap-coa
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5 judgments
Citation
Judgment date
March 2001
Director of Public Prosecutions v Kalifumu and Another (Criminal Appeal No. 86 of 2000) [2001] TZCA 141 (30 March 2001)

(From the decision ofthe High Court of Tanzania, Mbeya, Wambura, PRM Exercising Extended Jurisdiction) Criminal Practice and Procedure - Revision - Power ofrevision to rectify errors - Section 4(3) of the Appellate Jurisdiction Act 1979 as amended by the Appellate Jurisdiction (Amendment) Act 1993. Criminal Practice and Procedure - Extendedjurisdiction - Appeals in the High Court transferred to Court ofResident Magistrate with extendedjurisdiction, - Appeals to be registered afresh in the Court of Resident Magistrate - Section 45(1) of the Magistrates' Courts Act 1984 as amended by Act Number 2 of 1996.

 30 March 2001
Director of Public Prosecutions vs Peter Kalifumu and Another (Criminal Appeal 86 of 1999) [2001] TZCA 25 (30 March 2001)
Reported
Proceedings heard by a Resident Magistrate in a High Court file without transfer are a nullity and must be quashed.
Appellate jurisdiction – Revision under section 4(3) of the Appellate Jurisdiction Act – power to call and examine High Court records for correctness and regularity. Magistrates' Courts – Extended jurisdiction – where the High Court directs an appeal to be heard by a Resident Magistrate with extended jurisdiction the appeal must be transferred to and titled in the Resident Magistrate's Court (section 45(2) MCA). Procedural irregularity – proceedings heard in wrong forum are a nullity.
 30 March 2001
Director of Public Prosecutions vs Prosper Mwalukasa (Criminal Appeal No. 6 of 2000) [2001] TZCA 145 (30 March 2001)
Reported

Criminal Practice and Procedure - Review - Application for review before Court
of Appeal - Period of limitation for such application. ■'
Criminal Practice and Procedure - Review - Application for review - Delay in
lodging application - Grounds for delay - Whether laxity and incompetence
of advocate is an excuse for delay.
Criminal Practice and Procedure - Review -Application for review - Preliminary
objection to review - Application out of time and circumstances relied
upon not disclosed.
Criminal Practice and Procedure - Limitation - Whether the Court is subject to 
The Law of Limitation Act 1971 - Whether rules of the Court prescribe a
limitation period for review.

 30 March 2001
Director of Public Prosecutions vs Prosper Mwalukasa (Criminal Application 6 of 2000) [2001] TZCA 30 (30 March 2001)
Reported
A review application was time‑barred and failed to disclose proper grounds, so it was struck out as an impermissible second appeal.

Court of Appeal — review of its own decisions — inherent power subject to time limitation; sixty‑day period adopted by analogy; notice of motion must disclose grounds or circumstances; review categories (manifest error, denial of hearing, fraud); applications amounting to a 'second bite' at appeal are impermissible.

 30 March 2001
Wilson Mwambeni vs Samson Masindi (Civil Application No. 20 of 1998) [2001] TZCA 69 (30 March 2001)
Leave to appeal dismissed for lack of notice of appeal and required High Court certification for a third appeal.
Appellate procedure — Leave to appeal — Notice of intention to appeal required — Third appeal — Certification of point of law by High Court under s.5(2)(c) Appellate Jurisdiction Act — No substitution of certification by Court of Appeal — Procedural defect fatal.
 30 March 2001