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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8 judgments

Citation	Judgment date
June 2002
Daudi Haga vs Jenitha Abdom Machafu (Civil Reference No. 1 of 2000) [2002] TZCA 56 (24 June 2002) Applicant’s late application for extension of time was struck out for unexplained delay; full court refused fresh reasons and dismissed with costs. Civil procedure — Appeal — Extension of time to seek leave to appeal — Applicant failed to account for delay — Single judge entitled to strike out — Full court will not consider fresh reasons not placed before single judge.	24 June 2002
Manju Salum Msambya vs The Attorney General and Another (Civil Appeal No. 2 of 2002) [2002] TZCA 40 (18 June 2002) Appellate court reversed High Court where misdirected evidence assessment and proven tribalist speeches voided the election. Election law — Tribalist campaigning — Single speech exploiting tribal differences sufficient to nullify election under s.108(2)(a); Evidence — burden in election petitions (proof beyond reasonable doubt) — corroboration not a legal prerequisite post-1992; Credibility — appellate interference where trial judge engaged in conjecture, judicial notice of non-notorious facts, or applied double standards in demeanour assessment.	18 June 2002
April 2002
Wetcu Limited vs Michael Junga (Consolidated Tabora Reference No. 1 of 2001) [2002] TZCA 59 (30 April 2002) Court held leave application time‑barred under Court of Appeal Rules and refused stay for unsubstantiated irreparable loss. Court of Appeal procedure – Time limits for leave to appeal (Court of Appeal Rules r.43) – Law of Limitation Act inapplicable to Court of Appeal; Rule 46(3) copy requirement does not extend filing deadline. Civil procedure – Stay of execution – applicant must substantiate irreparable loss and respondent’s inability to satisfy decree; mere prospects of success insufficient.	30 April 2002
Faustine Magadula vs Republic (Criminal Appeal No. 2 of 2001) [2002] TZCA 84 (29 April 2002) Reported Criminal Practice and Procedure - Charges — Duplicity — Person charged with "Being in possession of property suspected of having been unlawfully acquired” in one count and “Retaining stolen property ” in another count, both counts referring to the same property — Whether proper - Section 312(1)(b) and 311(4) of the Penal Code. Criminal Practice and Procedure — Order of forfeiture — Whether court can order distribution of forfeited property to beneficiaries.	29 April 2002
March 2002
Dismas K. B. Francis t/a K. B. Enterprises vs James Joseph Materu and Others (Civil Appeal No. 68 of 1999) [2002] TZCA 24 (27 March 2002) Whether the High Court may extend time to file notice or apply for leave to appeal under section 11(1) AJA. * Appellate jurisdiction – Section 11(1) Appellate Jurisdiction Act 1979 – High Court's power to extend time for notice of intention to appeal, for making application for leave to appeal, or for certificate that case is fit for appeal. * Court of Appeal Rules, Rule 8 – does not oust statutory powers of the High Court under section 11(1). * Civil procedure – chamber application – strike out for lack of jurisdiction – misapplication of law.	27 March 2002
Kulwa Machibya vs Republic (Criminal ppeal No. 47 of 1999) [2002] TZCA 23 (27 March 2002) Identification by familiar eyewitnesses at night held reliable; appellant’s kidnapping defence rejected and appeal dismissed. Criminal law – Identification evidence – testimony of familiar witnesses at night – satisfaction of Waziri Amani principles; Credibility assessment – minor discrepancies do not necessarily vitiate identification; Assessors – no material misdirection where discrepancies are minor and not raised on appeal; Defence of kidnapping/alibi – evaluated for inherent plausibility and consistency with conduct.	27 March 2002
Libert s/o Hubert vs Republic (Criminal Appeal No. 28 of 1999) [2002] TZCA 26 (27 March 2002) Non‑compliance with mandatory section 192(3) procedure excluded post‑mortem evidence and led to reduction of murder to manslaughter. Criminal procedure — section 192(3) CPA and Accelerated Trial Rules — mandatory requirement to read and explain memorandum to accused — non-compliance excludes section 192(4) consequences; Evidence — admissibility of post-mortem and sketch plan where memorandum defective; Homicide — distinction between murder (intent) and manslaughter where evidence raises reasonable doubt on intent; Credibility — court may reduce conviction where prosecution evidence is inconsistent or accused's version creates reasonable doubt.	27 March 2002
February 2002
Dansworth Syndicates vs Regional Customs and Sales Taz Officer (Mara Region) (HC Civil Case No. 48 of 1994) [2002] TZCA 71 (14 February 2002) Court refused execution; certified payment under Order XXI r.2(2) and a performed agreement can vary the decree. * Civil Procedure – Order XXI r.2(2) – certificate of payment and adjustment – effect of decree holder failing to show cause. * Civil procedure/contract – whether parties' agreement can vary or extinguish a court judgment where performance is made. * Execution – refusal where payment certified and recorded in absence of decree holder. * Agency – challenge to negotiator’s authority not upheld where decree holder failed to appear to contest certification.	14 February 2002