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.
2 judgments

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2 judgments
Citation
Judgment date
April 2023
A summary dismissal without hearing breached the applicant's constitutional right to be heard and is therefore a nullity.
Constitutional law – right to be heard (Article 13(6)(a)) – summary dismissal without hearing – decision nullity. Civil procedure – competence/jurisdiction – alleged incompetence does not permit summary dismissal without hearing. Remedy – nullification of impugned order and remittal for fresh hearing by another judge.
28 April 2023
A 14‑month unexplained delay and lack of diligence defeated the applicant’s request for extension of time.
Civil Procedure – Extension of time (rule 10) – requirement to show good cause and reasonable diligence Inadvertence of counsel – may justify extension only if omission is discovered promptly and remedied after reasonable diligence Delay of fourteen months and failure to explain change of counsel establishes lack of diligence and warrants refusal Prejudice to respondents relevant in exercise of discretion
28 April 2023