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.
11 judgments

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11 judgments
Citation
Judgment date
February 2023
Conviction overturned where child-victim's evidence lacked statutory promise and remaining evidence was contradictory and unreliable.
Evidence — Child witness — s.127(2) Evidence Act — statutory promise to tell the truth required before receiving unsworn evidence. Voir dire — Purpose is to test understanding and oath-taking nature; a clear promise must be procured. Evidence — PF3 and medical evidence — misidentification and improper tendering render such documents unreliable and expungeable. Criminal law — Standard of proof — conviction unsafe where victim's evidence is inadmissible and remaining evidence is contradictory.
28 February 2023
Appellants' appeal allowed: amended judgment improperly issued under s.96 CPC; decree set aside and suit ordered reheard de novo.
Civil procedure — Rectification of judgment — Section 96 CPC permits correction only of clerical/arithmetic mistakes by separate order; issuing an amended judgment is improper. Amended judgment creating two conflicting judgments or introducing unpleaded facts vitiates decree and may require rehearing de novo. Uncertain judgments/decrees are unenforceable.
28 February 2023
A respondent must prove alleged bank withdrawals and damage even in ex parte proceedings; failure defeats damages.
Civil procedure – ex parte proceedings – plaintiff’s burden of proof remains unchanged; evidence must be scrutinised even where defendant defaults. Contract and tort – alleged unauthorised bank withdrawals – requirement for documentary proof (bank statements) to establish amount withdrawn and reimbursement. General damages – judge must assign reasons and base awards on proved facts, not assumptions.
28 February 2023
An appeal is incompetent where the applicant failed to pursue proper leave or appeal procedures following the LDCA amendment.
Land law – Leave to appeal – Section 47 LDCA – Amendment 25 September 2018 – concurrent jurisdiction of High Court and Court of Appeal to grant leave – competence of appeal – second bite versus appeal against refusal.
24 February 2023
Receipts sufficed to prove tuition payments; university vicariously liable for employee's misconduct; damages reduced to pleaded amount.
Evidence – receipts as proof of payment – where bank records are held by defendant, defendant must produce them to rebut payer's receipts. Burden of proof – improper shifting of onus by appellate court. Vicarious liability – employer liable for employee's misconduct in revenue department. Damages – appellate interference with quantum where award is excessive; court reduced award to pleaded amount.
24 February 2023
Procedural omissions in committal proceedings were curable and did not vitiate the appellant's conviction.
Criminal procedure — committal proceedings — reading of exhibits and cautioned statements at committal (s.246 CPA) — signature of accused (s.246(6) CPA) — authentication of oath/affirmation entries by judge — curable irregularity (s.388 CPA).
24 February 2023
Time spent pursuing a wrongly filed revision is excluded under section 21(2) LLA, so the refiled revision was timely.
Limitation of actions – Law of Limitation Act s.21(2) – exclusion of time spent prosecuting another proceeding filed in wrong court; Application of LLA to other statutes – s.46 LLA – interplay with ELRA s.91(1); Procedural law – whether extension of time is prerequisite to relying on s.21(2) exclusion (held: no).
20 February 2023
An open‑ended amendment order is invalid; proceedings based on it are nullified and the record remitted for continuation.
Civil procedure – Amendment of pleadings – Order VI r.17 CPC – court must specify parameters/extent of permitted amendment; open‑ended amendment orders invalid. Pleadings – amended plaints filed pursuant to invalid orders rendered ineffectual. Remedies – striking out/rejection versus dismissal of entire suit. Appellate powers – revision to nullify subsequent proceedings and remit record for continuation. Land law – allegation as to enforceability of oral contract for sale of land raised but left unremedied by appellate nullification.
17 February 2023
A subordinate court's trial of an economic offence without the DPP's EOCCA certificate is void for lack of jurisdiction.
Criminal law – Economic offences – Jurisdiction – Requirement under EOCCA for a DPP’s certificate to permit a subordinate court to try offences triable by the Corruption and Economic Crimes Division of the High Court – Trial without such certificate is a nullity. Procedural law – Nullity – Proceedings and appellate judgments founded on jurisdictionally null trials are themselves nullities. Appellate jurisdiction – Revisional powers under section 4(2) AJA – Quashing convictions and setting aside sentences where trial lacked jurisdiction. Criminal procedure – Discretion to order retrial – Consideration of interests of justice, time served and presidential pardon.
16 February 2023
Voir dire omission immaterial; uncalled witnesses non‑prejudicial; sentence substituted to mandatory life imprisonment.
Criminal law – Unnatural offence against a child – competency of child witness and voire dire procedure (s127 Evidence Act) – discretionary choice of prosecution witnesses (s143 Evidence Act) – variance between charge particulars and evidence – mandatory life sentence under s154(2) Penal Code – appellate jurisdiction to strike new grounds not raised below.
14 February 2023
Victim's unsworn testimony and lack of proof of age/school status rendered rape and schoolgirl-impregnation convictions unsafe.
Criminal law — statutory rape (s.130(2)(e) Penal Code) — proof of victim's age; Evidence — witness testimony taken without oath/affirmation — admissibility and credibility; Education Act (s.60A(3)) — requirement to prove victim was a schoolgirl when impregnated; Misapprehension of evidence — convictions unsafe.
13 February 2023