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.
9 judgments

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9 judgments
Citation
Judgment date
September 2023
Conviction quashed because key documentary exhibits were improperly admitted and remaining evidence was only suspicion.
Criminal law — admissibility of documentary exhibits — must be cleared, admitted and read out in court; failure renders exhibits inadmissible; expunged exhibits may undermine conviction; proof beyond reasonable doubt required — mere suspicion insufficient.
27 September 2023
Omission by a successor judge to assign reasons is not fatal absent prejudice to a party.
Civil procedure — Succession of trial judge — Order XVIII r.10(1) CPC — Requirement to assign reasons when successor takes over — Rule engaged where evidence has been recorded and witness demeanour observed — Failure to assign reasons fatal only if it causes prejudice; affidavits/interlocutory applications distinguishable.
27 September 2023
The court held the dispute was commercial and beyond the trial court's pecuniary jurisdiction, nullifying and quashing the proceedings.
Commercial law – definition of "commercial case" under section 2 of the Magistrates' Courts Act; liability arising from business activities. Civil procedure – jurisdictional limits of Resident Magistrate/District Court in commercial cases (section 40(3)(b)). Remedy – nullification of proceedings and quashing of judgments where court lacks jurisdiction; liberty to refile. Costs – parties to bear own costs when Court raises issue suo motu.
26 September 2023
High Court erred by quashing entire divorce decree instead of limiting error to asset division; matter remitted for asset determination.
Family law – Divorce – Division of matrimonial assets – Whether alleged matrimonial misconduct disentitles a spouse from sharing assets – Proof required for misconduct affecting entitlement. Appellate procedure – Powers of first appellate court – Jurisdiction to rehear evidence and determine issues of fact and law on record. Procedural remedy – When to quash entire judgment versus vacating a specific erroneous finding; appropriateness of remitting matters to trial court.
26 September 2023
Non‑compliance with committal requirements vitiated the trial; weak visual identification evidence led to quashing conviction and release.
Criminal procedure – committal proceedings – mandatory compliance with s.246(2) CPA (reading and explaining witness statements) and s.289(1) notice – non-compliance renders witnesses incompetent; Identification evidence – visual ID at night – Waziri Amani guidelines – contradictions, failure to name at earliest opportunity, and omission to call material witnesses undermine reliability; Remedy – nullification of committal and trial, quash conviction and set aside sentence; Retrial – remand inappropriate where prosecution case is not watertight and retrial would amount to persecution; Territorial jurisdiction irregularity curable under s.387 CPA.
22 September 2023
A notice of appeal can be struck out where the intending appellant fails to take essential procedural steps within prescribed time.
Civil procedure — Appeal procedure — Rule 89(2) Court of Appeal Rules — striking out notice of appeal where essential steps not taken. Civil procedure — Time limits — Rule 90(1)–(3) Court of Appeal Rules — requirement to apply for and serve requests for certified copies in time; inability to rely on proviso absent compliance. Process — service and absence of reply affidavit — failure to contest factual averments on delay.
20 September 2023
Stay of execution application struck out for being time-barred and failing to file mandatory Rule 11 documents.
Civil procedure – stay of execution – Court of Appeal Rules r.11(4) (timeliness) and r.11(7) (required documents) – failure to comply renders application incompetent; Rule 4 – discretionary cure not applied where application is time-barred; Labour enforcement – execution of compliance order; Application struck out; no costs in labour matters.
20 September 2023
CMA lacked jurisdiction because public servants must exhaust internal/public service remedies under section 32A before litigating.
Labour law — Jurisdiction of the Commission for Mediation and Arbitration — Public servants employed by public corporations — Section 32A Public Service Act — Requirement to exhaust internal/public service remedies before invoking labour law remedies.
20 September 2023
Unexplained delay in naming the suspect rendered the complainant’s testimony unreliable, warranting quashing of convictions.
Criminal law – rape and impregnating a schoolgirl; credibility of complainant – unexplained delay in naming suspect; admissibility and PF3 non‑compliance with s.240(3) CPA; absence of DNA evidence not determinative; appellate re‑evaluation of evidence under s.4(2) AJA; hearsay concerns and failure to consider defence.
18 September 2023