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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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Judgment date
December 1999
The Director Of Public Prosecutions vs Hilda Kokubelwa and Others (Criminal Appeal No. 102 of 1989) [1999] TZCA 38 (22 December 1999)
A magistrate without jurisdiction under the Economic Crimes Act cannot use s.129 CPC to dismiss or decide the validity of charges under that Act.
* Criminal procedure – Economic and Organized Crime Control Act – jurisdiction of district magistrates – limits on invoking s.129 Criminal Procedure Act where court lacks jurisdiction under special Act. * Statutory construction – retrospective operation of offence provisions – whether offence created by Act applies to conduct before commencement. * Effect of prior acquittal – paragraph 11(3) of First Schedule – whether earlier acquittal bars subsequent prosecution.
 22 December 1999
Kampuni ya Uchukuzi Tabora (Civil Application No. 43 of 1999) [1999] TZCA 37 (1 December 1999)
Placing a public corporation under receivership does not automatically vest its assets in the PSRC; stay of execution was refused for lack of requisite grounds.
* Public corporations – receivership – effect of declaration as specified public corporation under s.39(1) – does not extinguish legal personality or automatic transfer of assets to PSRC. * Receivership/PSRC – powers of official receiver – PSRC may exercise powers of a receiver under Bankruptcy Ordinance but ownership of property is not automatically displaced. * Civil procedure – stay of execution – requirement to show strong prospects of success, irreparable harm, and adequate security; failure to satisfy test leads to dismissal.
 1 December 1999
November 1999
Andrew Jacob vs N.B.C. Holding Corporation (Civil Application No. 2 of 1999) [1999] TZCA 79 (22 November 1999)
An extension-of-time application must first be made to the High Court; failure to do so warrants striking out with costs.
Appellate procedure — extension of time to file notice of appeal — requirement to apply first to the High Court (s.11(1) Appellate Jurisdiction Act; Rules 8 and 44 Court of Appeal Rules) — failure to comply — application struck out with costs.
 22 November 1999
The Manager Ulyanyukulu Co-operative Society vs Ntirabampa Peter (Tbr Civil Application No. 6 of 1998) [1999] TZCA 68 (19 November 1999)
Unexplained delay and an inadequate affidavit justified refusal to extend time for applying for leave to appeal.
Court of Appeal procedure — extension of time under Rule 8 — compliance with Rule 13(b) — sufficiency of affidavit explaining delay — delivery of court decision to party versus counsel — requirement for leave to appeal and stay pending appeal.
 19 November 1999