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.
12 judgments

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12 judgments
Citation
Judgment date
November 2023
Review dismissed: applicants not deprived of hearing, typographical error corrected, fraud not shown; each party to bear own costs.
Court of Appeal — Review — Limited to manifest errors on face of record, deprivation of hearing or fraud; cannot be used to re‑argue merits or probe prior proceedings; oral/unopposed applications in court proceedings permissible under procedural rules; clerical errors correctable.
14 November 2023
General delay allegation insufficient; respondent’s timely applications and reminders to Registrar constituted essential steps, application dismissed.
- Civil procedure – Court of Appeal Rules, 2009 – Rule 89(2): strike out notice of appeal for failure to take essential steps; - Court of Appeal Rules – Rule 90: time to institute appeal, certificate of delay and obligations when Registrar fails to supply records; - Pleadings principle – parties bound by their pleadings; submissions cannot introduce new factual allegations; - Follow‑up diligence – applying for records and sending reminders may constitute essential steps to prosecute appeal.
13 November 2023
Review refused: review cannot be used to re-open factual findings or re-appraise reasoning; dismissal with costs.
Appellate review — scope of review under section 4(4) AJA and rule 66 — limited to apparent errors on the face of the record. Concurrent findings of fact — appellate restraint on re-opening factual determinations in second appeals. Review vs appeal — re-appraisal of evidence and reasoning is not a ground for review. Contract law — sanctity of contract and judicial reduction of exorbitant contractual interest (from 30% to 5%).
10 November 2023
The applicant's long unexplained delay and failure to state proposed review grounds led to dismissal of the extension application.
Criminal procedure – extension of time to apply for review – applicant must show good cause and indicate proposed grounds under rule 66(1). Delay – inordinate and unexplained delay is fatal; applicant must account for the period. Ignorance of law or custodial status does not excuse procedural non-compliance. Court not obliged to inform parties of right to review. Discretionary exercise guided by length of delay, reasons, prospects of success and prejudice.
9 November 2023
Court granted conditional stay pending appeal where applicants showed likely substantial loss and undertook acceptable security.
Civil procedure – Stay of execution pending appeal; Rule 11(5) Court of Appeal Rules, 2009 – requirements of substantial loss and firm undertaking to furnish security; security must not be part of decreed subject land.
9 November 2023
Non-joinder of a titled purchaser denied the right to be heard and vitiated the High Court's decision, warranting re-hearing.
Land law; non-joinder and right to be heard – Order I r.10(2) CPC; certificate of title as prima facie proof of legal interest; revisional powers under AJA; vitiation of proceedings by denial of audi alteram partem.
9 November 2023
An appointed administrator has locus to be joined in place of a deceased party if records show lawful appointment and identity.
Civil procedure – substitution of parties on death – Rule 57(3)-(5) Court of Appeal Rules – administrator’s locus standi to be joined within twelve months; identity/alias issues in letters of administration; lower court/registrar decisions cannot vary Court of Appeal determinations.
8 November 2023
Notice of appeal struck out for failure to take essential steps and collect the record under Court of Appeal Rules.
Civil procedure — Appeal — Striking out notice of appeal for failure to take essential steps to prosecute — Court of Appeal Rules, 2009: rule 89(2) and rule 90(5) — duty to collect records and follow up registrar's notification.
7 November 2023
Review dismissed where alleged fraud/perjury was not raised or decided below; review jurisdiction is narrowly confined.
Practice and procedure – Review jurisdiction of Court of Appeal – narrow and exceptional remedy; issues must arise from pleadings; appellate court will not determine allegations of fraud or perjury not raised or decided in lower courts; affidavit evidence tied to withdrawn/struck-out proceedings is not available to support review.
7 November 2023
Court refused extension to seek revision against High Court's non-appealable refusal to certify a point of law.
Appellate Jurisdiction Act s.5(2)(c) – certificate on point of law – exclusive jurisdiction of the High Court; refusal final and not appealable. Civil Procedure – Rule 10 Court of Appeal Rules – extension of time – cannot be used to pursue statutorily barred remedies; exercise in futility. Revision jurisdiction – Court of Appeal cannot compel High Court to issue certificate or certify points of law itself.
7 November 2023
Prior spousal consent to one mortgage does not validate a later mortgage; bona fide purchaser's title is protected.
Land law – mortgage of matrimonial home – spousal consent required for each mortgage (s.114 Land Act; s.59 Law of Marriage Act) – prior consent to an earlier facility does not validate a later separate mortgage; Civil procedure – certificate of delay and time for appeal – validity of certificate where complete record delayed; Property law – bona fide purchaser for value without notice protected (s.135 Land Act); Remedy – damages for unauthorized or irregular exercise of power of sale (s.134(4) Land Act).
7 November 2023
Failure to serve the Rule 90(3) letter invalidated the delay certificate and rendered the appeal time-barred.
Civil procedure – Appeal competency – Service of written request for copies of High Court proceedings – Rule 90(3) Court of Appeal Rules – certificate of delay – where no acknowledgement or affidavit proving service, certificate invalid and appeal time-barred.
6 November 2023