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.

Visit website

https://jmap.judiciary.go.tz/jmap/jmap-coa

13 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

13 judgments

Citation	Judgment date
December 1997
Blue Star Service Station vs Jackson Musset T.A Musseti Enterprises (Civil Application 7 of 1997) [1997] TZCA 96 (1 December 1997) Reported An application to stay execution without the decree or its terms is incompetent and dismissed with costs. Civil procedure — Stay of execution pending appeal — Requirement to attach the decree or disclose its terms — Competence of application under rule 9(2) — Supplementary affidavits and curability of omissions.	1 December 1997
Blue Star Service Station vs Jackson Musset t/a Musseti Enterprises (Mza Civil Appl. No.7 of 1997) [1997] TZCA 122 (1 December 1997) An application to stay execution must attach the decree or disclose its terms; omission renders the application incompetent. Civil procedure – Stay of execution pending appeal – Requirement to attach the decree or disclose its terms – Competence of application – Court’s power under rule 9(2) to impose terms.	1 December 1997
March 1997
Marwa Mahende vs Republic (Criminal Appeal No. 133 of 1994) [1997] TZCA 162 (12 March 1997) Reported Criminal Practice and Procedure - Conviction in Absentia - Procedure of handling convict after conviction and sentence in absentia - Section 226 of Criminal Procedure Act 1985	12 March 1997
Marwa s/o Mahende vs Republic (Criminal Appeal No. 133 of 1994) [1997] TZCA 101 (12 March 1997) An accused arrested after an in-absentia conviction must be brought before the trial court for s226(2) review. Criminal procedure – conviction and sentence in absence – Section 226(1) and (2) Criminal Procedure Act – arrest after in-absentia conviction – accused must be brought before trial court to permit exercise of s226(2) discretion – failure to do so vitiates subsequent proceedings.	12 March 1997
Marwa S.O Mahende vs The Republic (Criminal Appeal 133 of 1994) [1997] TZCA 32 (12 March 1997) An accused arrested after conviction in absentia must be brought before the trial court to permit exercise of s.226(2) discretion. Criminal Procedure Act s.226(1)–(2) – Conviction in absentia – Arrest after conviction – Accused must be brought before trial court to allow exercise of discretion to set aside conviction – Failure to do so vitiates proceedings – Court may raise procedural defects sua sponte.	12 March 1997
Marwa S.O Mahende vs The Republic (Criminal Appeal 133 of 1994) [1997] TZCA 95 (12 March 1997) Reported An accused convicted in absentia must be brought before the convicting court upon arrest to permit exercise of section 226(2) rights. * Criminal procedure – conviction in absence – construction and effect of section 226(1) and (2) of the Criminal Procedure Act. * Arrest after in‑absentia conviction – accused must be brought before convicting court to enable exercise of discretion under s.226(2). * Failure to bring arrested convict before court vitiates proceedings and denies right to be heard. * Autrefois acquit – allegation of prior discharge must be proved; absent record, defence not established. * Appellate court’s duty to correct procedural irregularities and afford parties opportunity to be heard.	12 March 1997
February 1997
Civil Shinyanga Regional Trading Co. Limited and Another vs National Bank of Commerce (Civil Appeal 24 of 1996) [1997] TZCA 42 (28 February 1997) An unregistered debenture under Companies Ordinance becomes void; lender’s auction sale consequently passes no charged title. Companies law – debenture – compulsory registration under s.80 Companies Ordinance and effect of non‑registration under s.79 – unregistered debenture becomes void rendering lender unsecured; property sold at auction by lender without subsisting charge passes no encumbered title; bona fide purchaser and doctrine of estoppel considered; power of sale and necessity of receiver under debenture.	28 February 1997
Shinyanga Regional Trading Co. Limited and Another vs National Bank of Commerce (Civil Appeal 24 of 1996) [1997] TZCA 35 (28 February 1997) An unregistered debenture became void; the lender had no enforceable power of sale and the purchaser obtained good title. Companies law – debenture – failure to register debenture within statutory period (s.80/79 Companies Ordinance) renders charge void against creditors; effect of non-registration; power of sale under debenture; purchaser’s title when security has lapsed; reliefs not pleaded – impermissible.	28 February 1997
Shinyanga Regional Trading Co Ltd and Another v National Bank of Commerce (Civil Appeal 21 of 1996) [1997] TZCA 136 (28 February 1997) Company law - Debentures - Registration of- Effect of non-registration -In terms ofss 79 and 80 of the Companies Ordinance Cap 212, if a charge is not registered within 42 days, it becomes void and the loan so secured immediately payable. Company law - Debentures - Nature of- No such thing in law as a debenture contract or agreement. Land law — Sale of land - Under debenture - Debenture merely providing for appointment of receiver in event of default — Company had no direct power of sale in such event	28 February 1997
Shinyanga Regional Trading Co. Ltd and Another vs National Bank of Commerce (Civil Appeal No. 24 of 1996) [1997] TZCA 107 (28 February 1997) An unregistered debenture rendered the bank’s auction sale void; borrower’s subsequent sale valid and appeal allowed. Company law – debentures/charges – failure to register charge under Companies Ordinance s.80 — effect under s.79 (charge void against liquidator/creditors after 42 days) — unregistered debenture extinguishes lender’s security; Power of sale — debenture not authorising direct sale; appointment of receiver or court order required; Auction sale by lender without authority void; Bona fide purchaser for value: purchaser from unencumbered owner acquires good title.	28 February 1997
January 1997
Chacha Mgeni Kerema vs The Republic (Criminal Appeal 47 of 1995) [1997] TZCA 33 (1 January 1997) Use of a dangerous/offensive weapon in robbery constitutes armed robbery, attracting a 30-year statutory minimum sentence. * Criminal law – Sentencing – Minimum Sentences Act (as amended 1989) – Interpretation of statutory minimums for robbery and robbery with violence – Use of dangerous or offensive weapons (e.g., knife) constitutes 'armed robbery' for sentencing purposes. * Criminal law – Definition – 'Armed robbery' is an aggravation of robbery, not a separate offence. * Precedent – Application of Joseph Michael and doctrine of stare decisis.	1 January 1997
David Chacha and Others vs Republic (Criminal Appeal No. 12 of 1997) [1997] TZCA 108 (1 January 1997) Appeal partly allowed: robbery convictions quashed for lack of identification; firearm‑possession convictions upheld where discovery evidence was credible. Criminal law – robbery with violence – adequacy of identification of stolen property for recent‑possession proof; recovery of firearms – credibility of witnesses who led accused to hiding place; related appeals and alleged double charging; competency of appeal where no memorandum filed.	1 January 1997
Nikandael s/o Frederiko vs Republic (Criminal Appeal No. 35 of 1995) [1997] TZCA 109 (1 January 1997)	1 January 1997