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.
2,252 judgments

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2,252 judgments
Citation
Judgment date
July 2024
An application for stay of execution was struck out as time-barred for not complying with Rule 11(4) of the Court of Appeal Rules.
Civil procedure – Stay of execution – Time limitation for filing application for stay – Rule 11(4) of the Tanzania Court of Appeal Rules – Computation of time from service or awareness – Application filed out of time – Application struck out.
26 July 2024
Application struck out where affidavits supporting an amended notice of motion were filed without leave of the court.
Civil procedure – Application for extension of time – Amendment of process and supporting affidavits – Need for leave to amend affidavits – Effect of affidavits filed without leave – Striking out for incompetence.
26 July 2024
Failure to properly record and read the assessor’s opinion at the land tribunal fatally vitiates the proceedings and judgment.
Civil procedure – Land disputes – District Land and Housing Tribunal – Mandatory involvement and written opinion of assessors – Fundamental irregularity – Nullification of proceedings and judgment – Fresh judgment ordered upon compliance with legal requirements.
23 July 2024
A court broker lawfully executing an eviction order is not liable for alleged loss where the claimant fails to prove such loss.
Land law – Eviction – Liability of court broker – Burden of proof – Lawful execution of court orders – Pleadings and issues for determination – General damages – Standard of proof in civil cases.
23 July 2024
Convictions for murder quashed where identification evidence was unreliable and confession was inadmissible due to procedural irregularity.
Criminal law – murder – evidence – identification by eyewitness – conditions for reliable identification – confession – admissibility – effect of non-compliance with statutory time limits – Criminal Procedure Act, section 50.
23 July 2024
Failure to call key witnesses and insufficient scrutiny of evidence led to the appellant’s rape conviction being quashed.
Criminal law – Rape – Proof beyond reasonable doubt – Failure to call material witnesses and unexplained delay in arraignment – Burden of proof in sexual offences – Credibility and adequacy of victim’s evidence – Duty to conduct objective analysis on appeal.
19 July 2024
Conviction for murder quashed due to improper admission of evidence and failure to prove the charge beyond reasonable doubt.
Criminal law – Murder – Admissibility of evidence – Failure to comply with committal proceedings under Criminal Procedure Act – Improperly admitted prosecution witness and statements – Case not proven beyond reasonable doubt – Conviction quashed.
19 July 2024
Court ordered stay of execution of High Court's probate order, subject to a commitment bond pending appeal determination.
Civil procedure – Stay of execution – Requirements under rule 11 of the Tanzania Court of Appeal Rules – Substantial loss – Provision of security – Probate and administration of estate – Status quo maintenance pending appeal.
19 July 2024
An application for stay of execution was struck out for being filed out of time under rule 11(4) of the Appeal Rules.
Civil procedure – Application for stay of execution – Time limits for filing – Rule 11(4) of the Court of Appeal Rules – Requirement for notice of intended execution – Effect of late filing – Executability of decree.
19 July 2024
Proceedings instituted against a deceased party without joining the legal representative are void and must be struck out.
Civil procedure – proceedings against a deceased person – necessity of properly joining the legal representative – effect of failure to join – nullity of proceedings – application to be struck out, not revived.
19 July 2024
An application lodged against a deceased party without joinder of the legal representative is a nullity and must be struck out.
Civil procedure – Proceedings against deceased persons – Necessity of formally joining legal representatives – Nullity of proceedings commenced against deceased parties – Proper remedy is to strike out the process, not to remit for fresh hearing.
19 July 2024
Inconsistent and unreliable prosecution evidence led to overturning a conviction for unnatural offence and the appellant’s release.
Criminal law – Second appeal – Grounds of appeal not raised in first appellate court – Sexual offences – Credibility and consistency of victim’s evidence – Admission of documentary evidence – Procedural irregularity – Benefit of doubt to accused – Setting aside conviction and sentence.
19 July 2024
The court upheld a murder conviction based on confessions and circumstantial evidence, holding scientific identification unnecessary in the circumstances.
Criminal law – Murder – Circumstantial evidence – Admissibility and voluntariness of confessions – Identification of remains – Standard of proof – Whether scientific evidence is necessary for identification where sufficient circumstantial proof exists.
19 July 2024
Conviction for manslaughter upheld but sentence reduced due to insufficient consideration of mitigating factors and sentencing guidelines.
Criminal law – manslaughter – recognition evidence – visual identification – reliability – postmortem report – procedural irregularity – sentencing – mitigation – alibi – discretion of trial court.
19 July 2024
Extension of time to appeal was refused where the applicant failed to account for the whole delay and added new grounds.
Civil Procedure – Application for extension of time – Second bite application under rule 45A(1) of the Court of Appeal Rules – Requirement to account for every day of delay – Requirement to base application on same grounds as in the High Court – Principles governing judicial discretion in extension of time applications.
19 July 2024
Failure to attach a decree and notice of intended execution renders an application for stay of execution incompetent.
Civil procedure – stay of execution – application requirements – necessity of attaching decree and notice of intended execution – incompetence for non-compliance with procedural rules.
19 July 2024
The court nullified land tribunal and appellate proceedings for failure to record locus in quo visit, ordering a retrial.
Civil procedure – Land disputes – Visit to locus in quo – Failure to record proceedings at the locus in quo – Consequences – Nullification of proceedings and retrial – Proper procedure for locus inspection.
19 July 2024
Conviction based on uncorroborated circumstantial evidence and interested testimony overturned for failure to prove guilt beyond reasonable doubt.
Criminal procedure – Summing up to assessors – Influence of judge’s opinion – Witness with interest to serve – Requirement for corroboration – Murder – Circumstantial evidence – Last seen doctrine – Standard of proof beyond reasonable doubt.
19 July 2024
A manifest procedural illegality denying a right to be heard justified an extension of time, despite unexplained delay.
Civil procedure – extension of time – sufficient cause – illegality apparent on the face of the record – right to be heard – discretion of the court – unexplained delay outweighed by manifest illegality.
19 July 2024
Failure to determine a preliminary objection on evidence admission rendered the CMA and High Court proceedings a nullity.
Labour law – procedure – requirement to rule on preliminary objections regarding admissibility of evidence before proceeding – effect of procedural irregularity on fairness of proceedings – nullification and remittal.
19 July 2024
A party cannot claim lawful ownership of mining property without a valid licence under the Mining Act, regardless of occupation or official correspondence.
Mining and minerals – Land ownership and mining rights – Requirement for valid mining licence – Long occupation and administrative assurances insufficient to confer legal mining rights – Burden of proof in land disputes – Application of Mining Act, 2010.
18 July 2024
An appeal was struck out for failure to serve necessary documentation on respondents, rendering it incompetent and time-barred.
Civil Procedure – Appeal – Service of notice of appeal, memorandum, and request for court documents – Compliance with Court of Appeal Rules – Competence of appeal – Time bar – Effect of procedural non-compliance.
18 July 2024
A trial court judgment lacking reasons for determination on framed issues must be set aside and the case remitted for a fresh decision.
Civil Procedure – Judgment writing – Requirement under Order XX, Rule 4 of the Civil Procedure Code to determine and give reasons for each issue – Appellate intervention in case of vitiated judgment.
18 July 2024
A trial court judgment lacking reasons on all issues is invalid and must be remitted for proper determination.
Civil procedure – Judgment – Requirement to state reasons for decisions on all issues – Order XX, Rule 4 and 5 of the CPC – Failure to provide reasons vitiates judgment – Remedy is to remit for fresh judgment.
18 July 2024
Conviction and sentence were quashed due to fatally defective committal proceedings that failed to comply with mandatory legal requirements.
Criminal procedure – committal proceedings – mandatory compliance with section 246(2) and (3) of the Criminal Procedure Act – effect of non-compliance – conviction and sentence based on defective committal proceedings nullified – order for fresh committal proceedings.
18 July 2024
Conviction for murder quashed due to misdirection of assessors, inconsistent prosecution evidence, and unreliable identification.
Criminal law – murder – trial by assessors – necessity for proper directions on standard of proof and vital legal concepts – variance between charge and prosecution evidence – adverse inference from non-calling of key witnesses – unreliable visual identification evidence – nullification of conviction and sentence.
18 July 2024
Improper separation of cross-appeals warrants quashing of proceedings and requires a fresh appeal hearing in the High Court.
Civil procedure – Appeals and cross-appeals – Proper approach to handling cross-appeals – Irregular separation and duplication of appeals – Revisional powers of the Court of Appeal under section 4(2) AJA – Order XXXIX rule 22(1) of CPC.
17 July 2024
A preliminary objection requiring ascertainment of facts cannot be properly sustained as a pure point of law.
Civil procedure – preliminary objections – nature of preliminary objection – distinction between pure points of law and matters requiring evidence – appeals – electronic vs manual filing and limitation periods.
16 July 2024
An appeal cannot be restored under Order XXXIX rule 19 after being struck out for incompetence, and non-frivolous labour matters do not attract costs.
Civil Procedure – Restoration of appeals – Application of Order XXXIX rule 19 of the CPC – distinction between dismissal for non-appearance and striking out for incompetence – Labour law – award of costs in non-frivolous labour matters – judicial discretion.
12 July 2024
Application for extension of time dismissed due to untruthful affidavit and failure to show good cause for delay.
Civil procedure – Extension of time – Requirement to account for each day of delay – Affidavit evidence – Credibility and truthfulness – Sufficient cause – Alleged illegality as a ground for extension.
12 July 2024
Courts have no jurisdiction to grant division of property or custody of children where cohabitation lacks a valid marriage under the law.
Family law – Division of matrimonial assets – Validity of marriage – Ancillary reliefs – Whether orders for division of assets and custody of children can be made where no valid marriage exists – Requirement for tendering certificate of non-conciliation as evidence.
12 July 2024
June 2024
The court granted a stay of execution pending appeal to prevent irreparable loss from eviction of the applicants from their land.
Civil procedure – stay of execution – requirements for granting stay – substantial loss – eviction from long-occupied land – sufficiency of affidavit evidence – security for due performance.
25 June 2024
Failure to afford parties a right to be heard before dismissing a criminal charge constitutes a breach of natural justice, warranting a retrial.
Criminal procedure – right to be heard – dismissal of charge and discharge of accused – requirements of natural justice – section 264 CPA – retrial ordered where parties not heard before adverse finding.
10 June 2024
A trial Judge’s dismissal of charges without hearing both parties constituted a denial of fair trial under constitutional and procedural law.
Criminal procedure – dismissal of charges – right to be heard – denial of fair trial – powers of High Court in criminal trials – natural justice – adjournment of criminal cases – constitutional right to fair hearing.
10 June 2024
Proper procedure for challenging an administrator's appointment is by application for revocation at the primary court, not revision.
Probate and Administration – Procedure – Revocation of grant – Parties not participating in original probate proceedings – Whether revisionary proceedings can be initiated without first seeking revocation at primary court – Appellate revisional powers exercised to quash improper proceedings.
10 June 2024
A trial court's dismissal of a case without input from the parties violates the right to be heard and is a nullity.
Criminal procedure – fair hearing – right to be heard – dismissal of case on court's own motion without parties' input – nullity of decision.
7 June 2024
Failure to comply with procedural requirements for confessions and insufficient circumstantial evidence led to the appellants' acquittal.
Criminal procedure – Cautioned and extra-judicial statements – Non-compliance with statutory timelines and the Guide of the Chief Justice for Justices of the Peace – Circumstantial evidence – Standard of proof – Acquittal on appeal.
6 June 2024
Failure to join a deceased party's legal representative is an irregularity, not a jurisdictional defect, and does not constitute fraud.
Civil procedure – Review of Court of Appeal decision – Jurisdiction of court where party dies before judgment – Non-joinder of legal representative – Allegation of judgment procured by fraud or illegality – Right to be heard – Validity of legal representation.
6 June 2024
A High Court's dismissal of a murder charge without hearing parties violated the right to be heard and was set aside.
Criminal procedure – right to be heard – dismissal of charge and discharge of accused – proper exercise of judicial discretion – section 264 and section 284 Criminal Procedure Act – principles of natural justice and fair trial – constitutional guarantees – appeal allowed and retrial ordered.
5 June 2024
Failure to prove the victim's age beyond reasonable doubt is fatal to a conviction for statutory rape.
Criminal law – statutory rape – essential elements – proof of age of the victim – failure to prove age beyond reasonable doubt – effect on conviction.
3 June 2024
Conviction quashed due to failure to afford a fair trial and lack of proof of the victim's age in statutory rape.
Criminal law – Rape – Statutory rape – Proof of age – Fair trial – Right to cross-examination – Admissibility of documentary evidence – Failure to prove essential elements beyond reasonable doubt
3 June 2024
May 2024
An application for stay of execution filed after the 14-day period from service/awareness is liable to be struck out.
Stay of execution; Rule 11(4) Tanzania Court of Appeal Rules 2009; 14-day time limit from service or awareness; effect of service of summons; out-of-time applications liable to be struck out.
30 May 2024
Application struck out for incompetence because the fifth applicant lacked a supporting affidavit.
Civil procedure – Applications to Court of Appeal – Rule 48(1) and 49(1) of the Court of Appeal Rules – requirement that every formal application be supported by affidavit(s). Procedural competence – Multiple applicants – failure of one applicant to swear affidavit renders application incompetent. Appeal vs revision – appropriateness of remedy where decree is drawn from mediation/withdrawal (raised but not decided due to incompetence). Jurisdiction – whether Court may entertain decisions/orders of Deputy Registrar (raised but not determined).
26 May 2024
Committal compliance and admissibility of statements upheld; remaining circumstantial evidence sufficient to sustain murder conviction.
Criminal procedure — committal for trial — compliance with s.246(2)–(3) CPA; Evidence — cautioned statement improperly received; extra-judicial statement admissible where no objection; circumstantial evidence standard — must exclude reasonable doubt; trial within trial — initiated only if defence objects to admissibility.
10 May 2024
Adverse possession cannot supplant a claimed purchase; subsequent novation by the true owner can validate an initially defective sale.
Land law – adverse possession – doctrine inapplicable where claimant asserts title by purchase; sale and adverse possession cannot co-exist as bases of title. Proof of ownership – party alleging joint ownership must plead and prove specific facts to establish title. Contract law – novation/ratification – true owner's subsequent endorsement and receipt of consideration can validate sale by a person without initial title. Evidence – failure to cross-examine on material facts may amount to acceptance of testimony.
8 May 2024
Late payment did not make time of the essence; remedy was damages, not rescission, so damages and balance were awarded.
Contract for sale of land – clause fixing time for payment – whether time is of the essence – absence of express stipulation or surrounding circumstances. Law of Contract Act s.55(1)/(2) and Land Act s.73 – rescission for breach of purchase. Remedies for breach of land sale – damages vs rescission. Requirement and effect of demand/notice under land sale disputes.
7 May 2024
Adverse possession not established; forgery allegation unproved; concurrent findings uphold respondent’s title from villagisation and 2004 gift.
Land law – adverse possession – requirements for acquiring title by adverse possession; Evidence – forgery allegations in civil cases must be specifically pleaded and proved; Credibility and concurrent findings – appellate interference only where misdirection, omission or illegality; Villagisation allocations and inter vivos gift as basis for title.
7 May 2024
Appellate court set aside life term where trial court ignored mitigating factors including prolonged remand and ill health.
Criminal law – Sentencing – Attempted murder – Maximum penalty of life imprisonment under section 211 Penal Code is discretionary, not mandatory. Criminal procedure – Plea of guilty – Appeal limited to extent or legality of sentence (section 360 CPA). Sentencing principles – Mitigating factors (confession, first offender, prolonged remand, health) must be considered; failure to do so justifies appellate interference. Appellate review – Court may interfere where sentence is excessive or trial court overlooked material factors.
7 May 2024
Visual identification and uncorroborated co‑accused confessions insufficient; convictions quashed for failure to prove guilt beyond reasonable doubt.
Criminal law – visual identification – cautionary approach under Waziri Amani – requirement to examine lighting, duration, distance, prior acquaintance and descriptive particulars. Evidence – identification parade – collateral corroborative value; parade cannot validate deficient identification evidence. Evidence – cautioned/confessional statements – voluntariness inquiry required; co-accused confessions need independent corroboration under s.33(2) Evidence Act. Appeal – concurrent findings not binding where lower courts misdirected or record lacks factual basis.
6 May 2024
April 2024
Leave to appeal refused where applicant failed to prove remittance of withheld rental tax to the TRA.
Leave to appeal — discretionary test; requirement of prima facie merit or novel point of law; withholding tax on rent — proof of remittance to TRA as essential evidential precondition; contractual terms and unilateral deductions; concurrent findings of fact; appellate intervention only where reasonable prospects of success or disturbing features exist.
25 April 2024