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.
2,251 judgments

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2,251 judgments
Citation
Judgment date
March 2024
Applicant may seek to adduce additional evidence orally at the appellate hearing; court made no order on costs.
Appellate procedure — admission of additional evidence under Rule 36 — where evidence exists in related proceedings or is subject to another appeal, the applicant should seek leave orally at the hearing for determination of admissibility and relevance.
1 March 2024
February 2024
Extension of time granted where concurrent High Court proceedings and withdrawal process accounted for the delay.
Civil procedure — Extension of time under Rule 10 — Good cause required — Delay caused by concurrent proceedings in High Court (application for leave and stay) can be an adequate explanation — Applicant must account for entire period of delay — Extension granted and applicant given 14 days to file stay application.
23 February 2024
Reference dismissed: applicant failed to show good cause or apparent illegality to warrant extension of time.
Civil procedure — Reference under Rule 62(1)(b) — scope limited to issues raised and considered before single Justice; Extension of time — Rule 10 — requirement to show good cause; Illegality — must be apparent on the face of the record to warrant extension; Judicial discretion — will be upset only for taking irrelevant factors into account, failing to consider relevant matters, misappreciation of law or facts, or being plainly wrong.
23 February 2024
Notice of appeal deemed withdrawn where appellant failed to institute appeal after receiving necessary documents and certificate.
Civil procedure – striking out notice of appeal – Rule 89(2) – grounds: no appeal lies; failure to take essential steps. Civil procedure – failure to prosecute appeal – Rule 91(a) – notice of appeal deemed withdrawn where appeal not instituted within prescribed time despite issuance of documents and certificate of delay. Evidence – absence of affidavit in reply – respondent precluded from disputing factual averments, limited to legal arguments.
23 February 2024
Applicant failed to account for delay and lacked diligence; extension of time to file second‑bite leave application denied.
Civil procedure – extension of time – Rule 10 Court of Appeal Rules – good cause required; applicants must account for each day of delay and show diligence. Court of Appeal Rules, Rule 45A(1)-(2) – exclusion of time for preparation of copies and requirement of certificate by High Court Registrar. Appellate Jurisdiction Act s.5(2)(c) – certificate on point of law for appeals from Primary Court (jurisdictional considerations). Authorities – Lyamuya principles on extension of time; Bushiri duty to account for each day.
23 February 2024
Court of Appeal confined to points of law; found dismissal for gross dishonesty justified and dismissed the appeal.
Labour law — Appeal to Court of Appeal limited to points of law (s.57 LIA); revision procedure — affidavit requirements under Rule 24(3) Labour Court Rules; admissibility — confession evidence as direct, not hearsay (Evidence Act s.62); procedural issues abandoned at CMA cannot be raised on appeal; Code of Good Practice — gross dishonesty may justify dismissal.
23 February 2024
Appeal allowed: conviction quashed due to contradictions and prosecution’s failure to call a crucial witness creating reasonable doubt.
Criminal law – rape of a girl under eighteen – preliminary hearing non-compliance – curable procedural irregularities – contradictions in key witness accounts – failure to call a crucial witness – reasonable doubt – conviction quashed.
23 February 2024
Prosecuting an appeal filed prematurely does not justify extension of time; each day of delay must be accounted for.
Land law – extension of time to appeal – requirement to show good cause; Technical delay – prosecution of an appeal filed prematurely is not good cause; Jurisdiction – appeal filed before delivery of trial judgment is incompetent; Civil procedure – applicant must account for each day of delay and act promptly after impediment is removed.
23 February 2024
Strike-out dismissed: respondent took essential steps; registry's delay prevented filing memorandum and record of appeal.
Civil procedure — Appeal — Striking out notice of appeal — rule 89(2) — requirement to take essential steps — delay caused by court registry's failure to supply record — diligence shown by applicant for record — labour dispute — no order as to costs.
23 February 2024
Written dying declaration and spouse evidence expunged; oral dying statements and post‑mortem proved death but malice not shown, conviction reduced to manslaughter.
Evidence — Dying declarations — Written dying declaration must comply with s.34B Evidence Act; failure to sign/read back/ten-day notice renders it inadmissible. Evidence — Spouse witness — Under s.130 Evidence Act a spouse is competent but not compellable; court must inform and record that the spouse was so informed or evidence is inadmissible. Criminal law — Murder vs manslaughter — Oral dying declarations corroborated by post-mortem can prove causation, but malice aforethought must be clearly established; absent clear intent, conviction may be reduced to manslaughter. Criminal procedure — Failure to produce alleged weapon is a relevant factor in assessing intent.
23 February 2024
High Court refusal of certificate in primary‑court matters renders a pending notice of appeal void.
Appellate Jurisdiction Act s.5(2)(c) – Certificate on point of law required for appeals from primary courts; High Court refusal final; Rule 89(2) Court of Appeal Rules – striking out notices of appeal where no appeal lies; abuse of process in attempting to circumvent statutory certification requirement.
22 February 2024
Stay granted pending appeal where applicant showed potential substantial loss and offered firm undertaking to provide security.
Civil procedure — Stay of execution pending appeal — Rule 11(3) and 11(5) Court of Appeal Rules — Cumulative conditions of substantial loss and security — Colossal decretal sum may constitute substantial loss — Firm undertaking to furnish security acceptable at stay stage — Court may prescribe form of security (bank guarantee).
22 February 2024
Notice of appeal struck out for failure to take essential steps; subsequently filed appeal deemed struck out under Rule 89.
Civil Procedure — Court of Appeal Rules — Rule 89(2) strike out for failure to take essential steps to prosecute a notice of appeal. Civil Procedure — Rule 90(1) — sixty-day requirement to lodge memorandum and record of appeal; necessity for certificate of delay or extension order. Civil Procedure — Rule 89(3) — effect of striking out notice of appeal on a subsequently filed appeal; Registrar to mark appeal struck out.
22 February 2024
Extension of time granted where defective certificate of delay and arguable illegality in the High Court judgment justified relief.
Civil procedure – extension of time under Rule 10 Court of Appeal Rules – factors: length of delay, reasons, diligence, prejudice, point of law/illegality. Procedure – certificate of delay – effect of defective certificate based on wrong dates and calculations. Appealability – alleged illegality in judgment (vicarious liability unpleaded; silence on co-defendant; interest award) may justify extension of time.
22 February 2024
Appellants' murder convictions and sentences affirmed; visual identification reliable, alibi rejected, minors' detention lawful.
Criminal law – murder – visual identification at night – recognition evidence – Waziri Amani factors; witness credibility; alibi defence – material inconsistencies; omissions to call investigator or tender sketch map – no fatal prejudice where place and sequence not disputed; sentencing of child offenders – section 26(2) Penal Code (detention during President's pleasure) applicable to capital offences; section 119 Law of the Child Act inapplicable to offences punishable with death; administrative nature of s.26(3) reporting requirement.
21 February 2024
Conviction quashed where identity of the deceased was not proved and an extra-judicial statement was inadmissible.
Criminal law – proof of identity of deceased; admissibility of extra-judicial statements – compliance with Chief Justice Guidelines; reliance on cautioned and oral confessions; failure to call key identifying witnesses and tender exhibits.
21 February 2024
Applicant's intermittent outpatient treatment did not amount to sufficient cause; extension of time refused and appeal dismissed with costs.
Extension of time — discretion to grant — applicant must account for all days of delay; sickness may constitute sufficient cause but requires reliable, continuous medical proof; new grounds raised on appeal not in affidavit are inadmissible; overriding objective cannot override mandatory procedural requirements.
20 February 2024
Conviction quashed where material inconsistencies in the victim's evidence created reasonable doubt.
Criminal law – Appeal by prisoner – s.361(1)(a) CPA – thumb‑printed notice certified by officer‑in‑charge counts as timely; Evidence – rape – expunged exhibit cannot be relied upon; inconsistencies between police statement and trial testimony may create reasonable doubt; defective citation of subsections in charge curable under s.388 CPA if no prejudice; trivial clerical errors in judgment do not vitiate proceedings.
20 February 2024

Civil Practice and Procedure – revisions – timelines for lodging revisions - limitation period within which to lodge a revision to the High Court – against decisions of the District Land and Housing Tribunal – Land Disputes Courts Act, Cap 216 R.E. 2019, sections 38(1), 41 and 43(1); Law of Limitation Act, Cap. 89 R.E.2019, section 14(1) and item 21 of Part III of the Schedule.

20 February 2024
Failure to list or read a cautioned statement at committal vitiated its use and rendered the murder conviction unsafe.
Criminal procedure — Committal proceedings — Section 246(2) CPA — duty to read and explain statements or documents to accused — failure to list/read cautioned statement is fatal. Evidence — Confessions — cautioned statements — requirement of prior disclosure at committal and possible need for corroboration when repudiated. Arrest/detention — section 50(1)(a) CPA — four-hour basic interview period (issue raised but not finally determined).
19 February 2024
Applicant failed to show good cause for extension of time to serve notice of appeal due to unexplained delay.
Civil procedure — extension of time — Rule 10 Court of Appeal Rules — requirement to show "good cause"; application of Lyamuya guidelines (account for all delay, diligence, non-inordinate delay). Delay — responsibility to account for entire period; process server’s failure does not automatically establish good cause. Evidence — facts not included in supporting affidavit have no evidential value.
19 February 2024
Appeal dismissed: credible victim testimony proved non‑consensual sexual intercourse and penetration beyond reasonable doubt.
Criminal law – Rape – proof of penetration and lack of consent – victim’s evidence as primary and can suffice without corroboration – concurrent findings of fact – hearsay vs. direct evidence.
16 February 2024
Failure to administer or record oaths to witnesses vitiated evidence, prompting quashing and remittal for fresh hearing.
Oaths and Statutory Declarations Act – sections 3 and 4(a): administration of oaths/affirmations to witnesses is mandatory; Record must show oath administration; Unsigned/unwarranted testimony vitiates proceedings; Appellate Jurisdiction Act section 4(2) – revisional power to quash and remit for fresh hearing; Civil procedure – requirement that court record speaks for itself.
15 February 2024
Appeal allowed: defective charge and inadmissible/unproven key evidence led to quashing of conviction.
Criminal law – rape – defective charge for citing non-existent provision and conflating statutory rape and lack of consent – particulars not curative; variance of evidence and failure to amend charge; cautioned statement recorded outside statutory four‑hour period and read before admission – inadmissible; PF3 not read over – expunged; pregnancy and age not proved; conviction quashed.
14 February 2024
High Court wrongly ordered trial de novo due to extraneous, non-decisive matter in the CMA award.
Labour law — termination for alleged misconduct; arbitration awards — inclusion of extraneous matters; judicial review/revision — proper remedy where award contains irrelevant material; nullification vs. remittal; miscarriage of justice standard; appellate correction and remit to determine remaining grounds.
14 February 2024
Appellate courts must not disturb concurrent factual findings absent misdirection; unproven assets cannot be divided.
Family law — Division of matrimonial assets — Section 114 Law of Marriage Act — Identification of matrimonial assets and proof of contributions; appellate restraint where concurrent factual findings stand; hearsay and insufficiency of evidence.
14 February 2024
Appeal struck out as time-barred because appellant failed to serve the Registrar’s request for proceedings required to exclude time.
Civil procedure — Court of Appeal Rules 2009, rule 90(1) and (3) — time for filing appeal — exclusion of time for awaiting copy of proceedings — requirement to serve written request on respondent — Registrar’s certificate invalid if service not effected — appeal struck out as time-barred.
13 February 2024
Non‑compliance with section 246(2) CPA (failure to read committal statements) vitiates trial and warrants nullification and fresh committal.
Criminal procedure – Committal proceedings – Section 246(2) CPA requires reading/explaining statements or documents containing substance of prosecution witnesses’ evidence to the accused; mere listing of witnesses/exhibits is non-compliance; witnesses not read at committal are incompetent unless called with reasonable notice under section 289(1) CPA; failure is fatal and warrants nullification and fresh committal.
12 February 2024
January 2024
Whether a settlement agreement signed under questionable circumstances constituted a valid contract and whether ownership had been previously determined.
Contract law – validity of agreement – requirement of free consent and consideration under section 10 of the Law of Contract Act. Evidence – burden of proof in civil cases – balance of probabilities. Public authority transactions – effect of meetings convened by government agencies on voluntariness of agreements. Res judicata/prohibition on re‑litigation – trial court not to determine issues already adjudicated by another High Court judge.
31 January 2024
December 2023
Failure to prove authorship of disputed loan documents and improper burden shifting led to quashing of the judgment.
Evidence Act s.110 – burden of proof – plaintiff who alleges loan must prove authenticity of documentary evidence. Civil Procedure Code Order VI r.4 – fraud/forgery must be particularized in pleadings. Standard of proof – allegations of fraud/forgery require a higher degree than ordinary balance of probabilities. Documentary evidence – weight and authorship; necessity to call bank/technical witnesses to establish cheque authenticity. Civil appeal – improper shift of burden and judgment against the evidence justify quashing decree.
21 December 2023
A three‑year unexplained delay in serving notice of appeal is inordinate; applicant failed to show good cause for extension.
Civil procedure – extension of time – requirements for showing good cause – factors: length of delay, reasons, diligence, prejudice, point of law (Lyamuya, Devram, Bushiri). Delay of over three years without adequate explanation or accounting is inordinate and may justify refusal to extend time. Applicant must account for each day of delay and demonstrate prompt action upon discovery of omission.
14 December 2023
Court upheld statutory rape conviction: victim credible, age and penetration proved; appeal dismissed.
Criminal law – Statutory rape – proof of age and penetration – victim’s testimony as best evidence; PF3 and school register as evidence of age. Criminal procedure – Preliminary hearing under s.192 Criminal Procedure Act – proper conduct and purpose. Criminal procedure – Succession of magistrates – s.214 compliance and absence of miscarriage of justice. Evidence – Credibility and corroboration in sexual offence cases.
14 December 2023
A fixed‑term appointment supplants a prior unspecified‑term employment; oral promise to revive it is inadmissible against the written contract.
Labour law – fixed‑term appointment v. unspecified (permanent) contract – whether fixed‑term appointment terminates prior permanent contract automatically. Employment contracts – possibility of concurrent full‑time contracts – impracticability; part‑time exception distinguished. Evidence – parol evidence rule (s.100 & s.101 Evidence Act) and s.14(2) ELRA – oral agreement cannot vary written employment contract unless exception applies. Procedural – res judicata issue raised but not dispositive once primary contractual issues resolved.
14 December 2023
Extension of time to file revision granted where delay was promptly explained and alleged denial of hearing constituted good cause.
Civil procedure — Extension of time under Rule 10 — good cause requirement — factors: length of delay, reasons for delay, prejudice. Extension of time — illegality of impugned decision — denial of right to be heard may constitute good cause if apparent on face of record. Probate/procedure — locus/standing — party appearing via suo motu district court review may properly appeal to High Court.
14 December 2023
Failure to read prosecution documents under s.246(2) CPA invalidates committal and quashes convictions.
Criminal procedure — Committal proceedings — Section 246(2) Criminal Procedure Act — Subordinate court must read or cause to be read information and prosecution documents — Mere listing of documents insufficient — Non‑compliance vitiates committal and subsequent trial; remedy: nullification, quashing of conviction and remittal for fresh committal.
14 December 2023
Review application dismissed: alleged bias, denial of hearing and manifest error not established; review cannot substitute an appeal.
Review jurisdiction — Rule 66(1) AJA/Rules — only for manifest error on face of record or deprivation of right to be heard; bias and bench composition — complaint must be timely and supported; re‑litigation via review not permitted; unincorporated association and property ownership considered in appellate evaluation of evidence.
14 December 2023
Review application dismissed: "permissible penalty" is not mandatory summary dismissal; no manifest error on the record.
Appellate procedure – Review of Court of Appeal judgment – Rule 66(1)(a): manifest error on the face of the record causing miscarriage of justice required. Employment law – 2nd Schedule, Security of Employment Act – "permissible penalty" construed as maximum allowable, not mandatory summary dismissal. Civil procedure – Abuse of process – review cannot be used to re-open or rehear matters already decided on appeal.
14 December 2023
Court held respondent was a party and attachments of his personal property were wrongful; appeal dismissed.
Civil procedure – party status and representation – village chairman sued in representative capacity; failure to object waives misjoinder. Execution law – attachment and sale – wrongful attachment of personal property where proceedings involved village representation. Remedies – objection proceedings under Order XXI, r.57 not decisive where party status and wrongful attachment established. Appellate review – High Court's quashing of DLHT order and restoration/compensation upheld.
14 December 2023
Applicant failed to account for delay or show an arguable ground; extension of time to file review denied.
Criminal procedure — Extension of time under Rule 10 — Applicant must account for each day of delay and show good cause — Requirement to disclose an arguable ground under Rule 66(1) (e.g., manifest error on face of record) — Discretion guided by length of delay, reasons, prejudice, diligence and point of law.
14 December 2023
Applicant's failure to account for delay justified refusal to extend time; one assessor's absence did not vitiate DLHT proceedings.
Civil procedure – extension of time – applicant must account for each day of delay; Illegality – limited to jurisdictional or material procedural defects; Land Disputes – DLHT may continue with chairman and one assessor under s.23(3).
13 December 2023
Appeal dismissed: prosecution proved statutory rape; new factual grounds at second appeal were not entertained.
Criminal law - Statutory rape (s.130(2)(e)) - Proof of age and penetration - Corroboration by parent and medical evidence (PF3) - Identification - Appellate procedure - New grounds not raised in earlier appeal not entertained.
13 December 2023
A child witness must make an express promise to tell the truth; absence invalidates her testimony and quashes the appellant's conviction.
Criminal law – Sexual offences – Rape – Necessity of reliable evidence from child complainant; statutory promise under section 127(2) Evidence Act required when child testifies without oath. Evidence law – Witness of tender age – requirement of an express promise to tell the truth and not lies; failure to comply renders testimony of no evidential value. Evidential sufficiency – Hearsay – testimony by a parent recounting a child’s statements cannot by itself corroborate the child once the child’s testimony is expunged. Sentence – enhancement to life reversed as conviction quashed.
13 December 2023
Oral confessions made under restraint and before a crowd were not voluntary and required corroboration; convictions quashed.
Evidence — Confessions — Oral confessions made in presence of vigilantes and a crowd — voluntariness and free agent requirement — need for corroboration. Evidence — Failure to tender cautioned/extrajudicial statements — adverse inference. Criminal appeal — Grounds alleging last-seen/circumstantial reliance misconceived where trial court did not rely on them.
12 December 2023
November 2023
Review dismissed: applicants not deprived of hearing, typographical error corrected, fraud not shown; each party to bear own costs.
Court of Appeal — Review — Limited to manifest errors on face of record, deprivation of hearing or fraud; cannot be used to re‑argue merits or probe prior proceedings; oral/unopposed applications in court proceedings permissible under procedural rules; clerical errors correctable.
14 November 2023
General delay allegation insufficient; respondent’s timely applications and reminders to Registrar constituted essential steps, application dismissed.
- Civil procedure – Court of Appeal Rules, 2009 – Rule 89(2): strike out notice of appeal for failure to take essential steps; - Court of Appeal Rules – Rule 90: time to institute appeal, certificate of delay and obligations when Registrar fails to supply records; - Pleadings principle – parties bound by their pleadings; submissions cannot introduce new factual allegations; - Follow‑up diligence – applying for records and sending reminders may constitute essential steps to prosecute appeal.
13 November 2023
Review refused: review cannot be used to re-open factual findings or re-appraise reasoning; dismissal with costs.
Appellate review — scope of review under section 4(4) AJA and rule 66 — limited to apparent errors on the face of the record. Concurrent findings of fact — appellate restraint on re-opening factual determinations in second appeals. Review vs appeal — re-appraisal of evidence and reasoning is not a ground for review. Contract law — sanctity of contract and judicial reduction of exorbitant contractual interest (from 30% to 5%).
10 November 2023
The applicant's long unexplained delay and failure to state proposed review grounds led to dismissal of the extension application.
Criminal procedure – extension of time to apply for review – applicant must show good cause and indicate proposed grounds under rule 66(1). Delay – inordinate and unexplained delay is fatal; applicant must account for the period. Ignorance of law or custodial status does not excuse procedural non-compliance. Court not obliged to inform parties of right to review. Discretionary exercise guided by length of delay, reasons, prospects of success and prejudice.
9 November 2023
Court granted conditional stay pending appeal where applicants showed likely substantial loss and undertook acceptable security.
Civil procedure – Stay of execution pending appeal; Rule 11(5) Court of Appeal Rules, 2009 – requirements of substantial loss and firm undertaking to furnish security; security must not be part of decreed subject land.
9 November 2023
Non-joinder of a titled purchaser denied the right to be heard and vitiated the High Court's decision, warranting re-hearing.
Land law; non-joinder and right to be heard – Order I r.10(2) CPC; certificate of title as prima facie proof of legal interest; revisional powers under AJA; vitiation of proceedings by denial of audi alteram partem.
9 November 2023
An appointed administrator has locus to be joined in place of a deceased party if records show lawful appointment and identity.
Civil procedure – substitution of parties on death – Rule 57(3)-(5) Court of Appeal Rules – administrator’s locus standi to be joined within twelve months; identity/alias issues in letters of administration; lower court/registrar decisions cannot vary Court of Appeal determinations.
8 November 2023