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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
3 judgments
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3 judgments
Citation
Judgment date
August 2001
Mbeya-Rukwa Autoparts and Transport Ltd vs George Mwakyoma (Civil Appeal No. 101 of 1998; Miscellaneous Civil Application No. 3 of 1999) [2001] TZCA 133 (9 August 2001)
Reported

Civil Practice and Procedure - Affidavits - Pleading by affidavits - Whether a
rejoinder to a Reply to a Counter Affidavit is permissible
Appeal - Locus standi in appeals - Whether a person who was not involved in
original proceedings has capacity to bring appeal - Rule 76(1) of the.
Court ofAppeal Rules 1979.
Court ofAppeal - Court ofAppeal Rules 1979 - Notice ofpreliminary objection
-Whether omission to cite provision under which the objection is brought -
is fatal.
Natural Justice - Right to be heard - Right to land revoked without a hearing -
Decision reached without regard to natural justice.
Constitutional Law - Basic Rights - Basic rights guaranteed protection by the
Constitution -Right to befully heard enshrined in the Constitution -Article
13(6)(a) of the Constitution of Tanzania.
Constitutional Law - Separation ofpowers andfunctions - Power to grant and
revoke rights to land - High Court makes orders granting and revoking
rights of occupancy - High Court infringing doctrine ofseparation of
powers by usurping powers of the executive.

 9 August 2001
Mbeya-Rukwa Autoparts and Transport Ltd vs Jestina George Mwakyoma (Civil Appeal No. 45 of 2000) [2001] TZCA 92 (9 August 2001)
Appellant lacked standing; High Court’s revocation of occupancy void for breach of natural justice and separation of powers.
Land law – double allocation of land – registration and certificates of title – locus standi to appeal – party status required to appeal – procedural objections – preliminary objection under Rule 100 – natural justice – audi alteram partem – separation of powers – courts cannot exercise executive powers to grant or revoke rights of occupancy – revisional jurisdiction suo motu – expunging improperly admitted affidavits – remittal for fresh hearing.
 9 August 2001
Mbeya-rukwa Autoparts & Transport Ltd. vs Jestina George Mwakyoma (Civil Appeal 45 of 2001) [2001] TZCA 14 (9 August 2001)
Reported
Appellant lacked locus to appeal; High Court violated natural justice and exceeded executive powers, prompting appellate revision.
Land law – double allocation and conflicting certificates of occupancy; procedural fairness – joinder of parties and right to be heard (audi alteram partem; Constitution Article 13(6)(a)); separation of powers – judicial usurpation of executive functions to revoke/grant rights of occupancy; appellate procedure – locus standi to appeal; Court of Appeal’s suo motu revisional powers to remedy procedural and substantive injustice.
 9 August 2001