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.
18 judgments

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18 judgments
Citation
Judgment date
August 2023
9 August 2023
May 2023
5 May 2023
April 2023
27 April 2023
24 April 2023
24 April 2023
March 2023
Prisoner’s appeal deemed timely under s.363 C.P.A.; High Court wrongly dismissed instead of striking out; matter remitted for merits.
Criminal procedure – Appeal period under s.361(1)(b) C.P.A. – Prisoner appellants – Filing by presenting petition and copies to the officer in charge under s.363 C.P.A. – Time-bar remedy: striking out v. dismissal – Revisional powers under s.4(2) AJA to nullify and remit.
31 March 2023
31 March 2023
31 March 2023
30 March 2023
30 March 2023
29 March 2023
29 March 2023
Dispute over title used as loan security is commercial; RM's court lacked jurisdiction for claim over Tshs.30,000,000/=
Commercial law – "commercial case" includes contractual disputes where property (certificate of title) is used as security for a loan; Pecuniary jurisdiction – subordinate courts limited to Tshs.30,000,000/= for commercial claims (pre-2016 amendment limits); Jurisdictional defect – proceedings nullified and retrial ordered under Appellate Jurisdiction Act s.4(2).
29 March 2023
Extension of time refused where delay unexplained and alleged illegality not apparent on the record.
Civil procedure — Extension of time — applicant must account for every day of delay; Illegality as overriding ground — must be apparent on the face of the record; Failure to join parties does not automatically constitute an apparent illegality; Discretion to extend time refused where delay unexplained.
28 March 2023
Applicant failed to establish arguable grounds; leave to appeal dismissed with costs.
Civil procedure — Leave to appeal — second bite application — requirement to show arguable points of law or matters of general importance; Civil procedure — Setting aside dismissal for non-appearance — whether 'mishearing' hearing date can be sufficient reason under Order IX, Rule 9 CPC; Leave to appeal — hypothetical or purely narrative affidavits do not satisfy threshold for leave.
28 March 2023
28 March 2023
28 March 2023
28 March 2023