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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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7 judgments
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May 2023
Ally Farahani vs Geita Gold Mining Limited (Civil Appeal 54 of 2020) [2023] TZCA 225 (5 May 2023)
Employer proved fair and procedurally compliant dismissal for prolonged absenteeism and misconduct.
Labour law — unfair termination — burden of proof under s.39 ELRA — absenteeism as misconduct — procedural fairness and compliance with Code of Good Practice — employee working elsewhere while on employer's payroll.
 5 May 2023
Godfrey Moses Mapalala vs Flora Neema Daud (Civil Appeal 51 of 2020) [2023] TZCA 217 (4 May 2023)
Cohabitation and community recognition can create a beneficial interest enabling appointment as estate administrator.
Probate and administration — appointment of administrators by primary courts under Fifth Schedule to MCA — primary consideration is beneficial interest in estate. Family relations — cohabitation and community recognition may give rise to presumption of marriage and a beneficial interest. Identity — use of multiple names does not automatically defeat entitlement to administration where evidence shows identity. Appellate review — High Court's exercise of discretion to restore primary court's appointment will stand if properly grounded in law and evidence.
 4 May 2023
Marcel Kichumisa vs Mery Venant Kabirigi (Civil Appeal 52 of 2020) [2023] TZCA 218 (4 May 2023)
Division of matrimonial property requires a decree of separation or divorce; absent that, courts cannot order division.
Family law – Matrimonial property – Division under s.114 LMA requires a prior decree of separation or divorce; presumption under s.160 LMA inapplicable where a subsisting lawful marriage exists; cohabitation/concubinage does not, by partnership/joint venture reasoning, justify division of matrimonial assets; appellate discretion not to disturb completed sale of disputed property.
 4 May 2023
Nyanchobe Ryoki @ Gunza vs Republic (Criminal Appeal 250 of 2019) [2023] TZCA 220 (4 May 2023)
Failure to obtain statutory promise from a child witness invalidates her evidence, quashing unsupported rape conviction.
Evidence Act s.127(2) — child of tender age must promise to tell the truth before giving unsworn evidence; non‑compliance renders that evidence inadmissible; identification in sexual offences — prosecution must prove accused committed offence beyond reasonable doubt; mere suspicion insufficient; retrial discretionary and may be inappropriate where prosecution case is fatally weakened.
 4 May 2023
Peter Bugumba @ Cherehani vs Republic (Criminal Appeal 251 of 2019) [2023] TZCA 221 (4 May 2023)
Appeal allowed: statutory rape unproven for lack of proved age; failure to conduct ordered DNA test created reasonable doubt.
Criminal law – statutory rape – proof of complainant's age; admissibility and reading of medical report (PF3); cautionary statement certification requirements; impregnating a schoolgirl – proper charging provision; failure to execute DNA/paternity order prejudices accused and creates reasonable doubt.
 4 May 2023
Jafari Juma vs Republic (Criminal Appeal 252 of 2019) [2023] TZCA 216 (3 May 2023)
Cautioned statement recorded outside statutory period inadmissible; victim’s age must be proved for statutory rape; sentence was excessive.
Criminal procedure – admissibility of cautioned statements – compliance with section 50(1)(a) CPA and four-hour rule; evidence recorded outside statutory period inadmissible. Evidence – documentary exhibits – requirement to read out exhibits in court after clearance and admission (Robinson Mwanjisi principle); failure renders admission irregular. Criminal law – statutory rape – age of victim is essential element and must be specifically proved. Evidence – failure to cross-examine key witnesses leaves their evidence unchallenged and may be treated as accepted. Sentencing – section 60A(3) Education Act prescribes maximum penalty; trial court must exercise discretion; imposition of maximum without proper consideration may be manifestly excessive.
 3 May 2023
Yesse Mrisho vs Sania Abdul (Civil Application 36 of 2020) [2023] TZCA 215 (3 May 2023)
Review application dismissed: alleged omissions were factual issues not manifest errors on the face of the record.
Appellate review — rule 66(1)(a) — manifest error on the face of the record — must be obvious and self-evident; third appeal limitation — appellate court will not reappraise factual evidence; division of matrimonial property — proof of marriage does not negate requirement to assess each party's contribution.
 3 May 2023