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

Court registries

  • Filters
  • Judges
  • Labels
  • Outcomes
  • Topics
  • Alphabet
Sort by:
2,252 judgments
Citation
Judgment date
November 2023
Notice of appeal struck out for failure to take essential steps and collect the record under Court of Appeal Rules.
Civil procedure — Appeal — Striking out notice of appeal for failure to take essential steps to prosecute — Court of Appeal Rules, 2009: rule 89(2) and rule 90(5) — duty to collect records and follow up registrar's notification.
7 November 2023
Review dismissed where alleged fraud/perjury was not raised or decided below; review jurisdiction is narrowly confined.
Practice and procedure – Review jurisdiction of Court of Appeal – narrow and exceptional remedy; issues must arise from pleadings; appellate court will not determine allegations of fraud or perjury not raised or decided in lower courts; affidavit evidence tied to withdrawn/struck-out proceedings is not available to support review.
7 November 2023
Court refused extension to seek revision against High Court's non-appealable refusal to certify a point of law.
Appellate Jurisdiction Act s.5(2)(c) – certificate on point of law – exclusive jurisdiction of the High Court; refusal final and not appealable. Civil Procedure – Rule 10 Court of Appeal Rules – extension of time – cannot be used to pursue statutorily barred remedies; exercise in futility. Revision jurisdiction – Court of Appeal cannot compel High Court to issue certificate or certify points of law itself.
7 November 2023
Prior spousal consent to one mortgage does not validate a later mortgage; bona fide purchaser's title is protected.
Land law – mortgage of matrimonial home – spousal consent required for each mortgage (s.114 Land Act; s.59 Law of Marriage Act) – prior consent to an earlier facility does not validate a later separate mortgage; Civil procedure – certificate of delay and time for appeal – validity of certificate where complete record delayed; Property law – bona fide purchaser for value without notice protected (s.135 Land Act); Remedy – damages for unauthorized or irregular exercise of power of sale (s.134(4) Land Act).
7 November 2023
Failure to serve the Rule 90(3) letter invalidated the delay certificate and rendered the appeal time-barred.
Civil procedure – Appeal competency – Service of written request for copies of High Court proceedings – Rule 90(3) Court of Appeal Rules – certificate of delay – where no acknowledgement or affidavit proving service, certificate invalid and appeal time-barred.
6 November 2023
October 2023
Nighttime identification and non-compliant cautioned statements were unsafe; convictions quashed and sentences set aside.
Criminal law – Identification evidence – Night-time visual identification – need for clear evidence of light source, intensity and duration to avoid mistaken identity. Criminal procedure – Cautioned statements – compliance with section 50 (four-hour rule), section 51 (extension/exclusion of time), section 57 (recording and certification duties) and section 58 of the CPA – non-compliance vitiates statements. Appeal – Appellate re-evaluation of credibility and consistency where sole identification and confessions are central.
25 October 2023
Thirty-year sentence for attempted murder reduced to ten years after trial court failed to consider mitigating factors and remand time.
Criminal law – Attempted murder – Sentencing discretion – Guilty plea and extra-judicial confessions as mitigating factors – Consideration of time spent on remand – Appellate interference where trial court overlooks material mitigation.
23 October 2023
Failure to comply with committal and evidential formalities rendered key exhibits inadmissible, leading to quashing of conviction.
Criminal procedure – committal proceedings – requirement to list and read over witness statements/documents (s246 CPA) – failure to comply bars tendering at trial; Evidence Act s34B(2) – statements by absent witnesses must be read over and signed by maker and recorder; cautioned statements – compliance with s50(1)(a) time limits for interview and necessity for explanation/extension of time; inadmissible exhibits may be expunged and may warrant acquittal if they are essential to conviction.
23 October 2023
Failure to swear witnesses at the CMA vitiated the proceedings, requiring rehearing before another arbitrator.
Labour law – CMA proceedings – duty to administer oath/affirmation – Oaths and Statutory Declarations Act (Cap 34) and GN. No. 67/2007 (rule 25(1) and rule 19(2)(a)). Evidence – unsworn witness testimony – unsworn evidence amounts to no evidence and vitiates proceedings. Procedural irregularity – failure to comply with mandatory procedure – nullification of award and remittal for rehearing. Precedent – Tanzania Distillers decision distinguished; post‑Distillers authorities discount unsworn evidence.
19 October 2023
Visual ID, defective identification parade and unlawfully recorded cautioned statement rendered the murder convictions unsafe.
Criminal procedure — Visual identification — Witnesses under stress at night; requirement for watertight identification (Waziri guidelines) — failure to show light intensity, early naming and consistency renders identification unsafe. Identification parade — of little value where witnesses know suspects and no prior descriptive record; noncompliance with Police General Orders invalidates parade evidence. Cautioned statement — must be recorded within statutory time and with proper custody chronology; failure to call arresting officer and recording outside time renders statement inadmissible. Retrial — not ordered where prosecution’s case is fragmented and a retrial would allow filling of evidential gaps rather than correcting mere procedural defects.
18 October 2023
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
August 2023
Non-compliance with statutory committal requirements rendered trial evidence inadmissible; convictions quashed and matter remitted for fresh committal.
Criminal procedure – committal proceedings – requirement under section 246(2) CPA to read and explain information and substance of witnesses' evidence; admissibility of witnesses and exhibits at trial – need for reasonable notice under section 289(1) CPA when committal non-compliant; remedy – nullification of proceedings, quashing of convictions and remittal for fresh committal under section 4(2) AJA.
31 August 2023
31 August 2023
An unamended information naming absent co-accused rendered the trial a nullity; convictions quashed and retrial denied.
Criminal procedure – defective information – naming absent co-accused – duty to amend under section 276(2) CPA – incurable defect vitiating trial. Fair trial – accused must know the precise nature and particulars of the charge. Power of court – section 4(2) AJA revisional powers – discretion to refuse retrial where further trial would be unjust. Section 388 CPA not available to cure fundamental defects prejudicing the accused.
31 August 2023
A registered certificate of title is prima facie conclusive; unregistered interests require proof of prior possession or notice; damages set aside.
Land law – Registered title – Certificate of title is prima facie/conclusive evidence of ownership; may be rebutted by proof of prior interest and possession or notice. Land law – Unregistered interests – Section 33(1)(b) (Land Registration Act) preserves unregistered interests but requires proof. Evidence – Parol evidence rule applies: oral evidence cannot vary or add to a written sale agreement pleaded as entire contract. Remedies – General damages require factual assessment of causation and quantum; unsupported awards will be set aside.
30 August 2023
Inadequate summing up and defective admission of cautioned statements rendered murder convictions null and void; retrial declined.
Criminal procedure — summing up to lay assessors — adequacy and essential elements; assessors' opinions — compliance with s.298(1) CPA; repudiated cautioned statements — requirement for corroboration and proper admission; duty to give reasons when overruling objections; retrial — interest of justice.
30 August 2023
High Court wrongly decided appeal on merits after declaring it incompetent and denying parties their right to be heard.
Civil procedure – preliminary objection – competence of appeal – High Court sustaining preliminary objection then deciding merits – functus officio – revisional versus appellate jurisdiction – right to be heard – ex parte proceedings and setting aside.
29 August 2023
Conviction for impregnating a secondary school girl upheld; 30-year statutory maximum reduced to ten years as excessive.
Education Act s.60A(3) – offence of impregnating a primary/secondary school girl – statutory maximum sentence versus mandatory penalty; sentencing discretion. Evidence – sufficiency and corroboration: victim testimony corroborated by parent, teacher (attendance register), police and clinical officer. Identity and age – discrepancies in PF3 do not necessarily vitiate proof where oral evidence is consistent. Procedure – failure to cross-examine and to give a defence may be treated as acceptance of prosecution case.
29 August 2023
Appeal incompetent where notice and proceedings were directed to a deceased respondent; proceedings quashed as nullity.
Civil procedure – service of process – proceedings instituted against a deceased person are incompetent and a nullity; Court of Appeal may invoke revisional powers (s.4(2) AJA) to quash void proceedings. Rules implicated: Tanzania Court of Appeal Rules 2009, r.84(1) and r.90(3).
28 August 2023
CMA proceedings where an advocate gave unsworn evidence were a nullity and were remitted for rehearing before another Arbitrator.
Labour law – termination/constructive resignation – CMA procedures – witness testimony must be under oath – advocate acting as witness – evidence irregularity vitiates proceedings – nullity and remittal to CMA for rehearing before a different Arbitrator.
28 August 2023
A timely alibi and material doubts in the prosecution case raised reasonable doubt, leading to quashing of the rape conviction.
Criminal law – rape – sufficiency and credibility of complainant’s evidence; defence of alibi – evidential burden shifts to prosecution once alibi is timely and particularised; appellate review of concurrent findings – interference justified where misdirection/non-direction and reasonable doubt apparent.
25 August 2023
An application for leave to appeal filed after the 14‑day limit under rule 45(b) is a nullity without Registrar's exclusion.
Court of Appeal – Application for leave to appeal (second bite) – rule 45(b) Court of Appeal Rules, 2009 – 14-day time limit from date of High Court refusal – Registrar’s certificate to exclude period awaiting copy – absence of certificate renders late application invalid – proceedings out of time are nullity – costs: interest of justice.
25 August 2023
Applicant granted extension to lodge notice of appeal after court found delay technical and excusable.
Extension of time — rule 10 and 45A(1) Court of Appeal Rules — good cause required — distinction between technical and actual delay — exclusion of time for preparation/serving of documents — appeal struck out for procedural failure.
25 August 2023
Unexplained delay and failure to call material witnesses undermined prosecution, resulting in acquittal.
Criminal law – Statutory rape – requirement to prove victim’s age; inferences under section 122 Evidence Act. Criminal procedure – Delay in reporting sexual offences; unexplained delay affects witness credibility. Evidence – Duty to call material witnesses; failure may justify adverse inference. Investigation – Inadequate inquiries and unrecorded statements may render conviction unsafe. Credibility – Victim’s evidence must be credible and corroborated where necessary.
24 August 2023
A short delay caused by an advocate's human error justified extension to serve required documents absent demonstrated prejudice.
Civil procedure — Extension of time under rule 10 — Service of copy of Registrar letter under rule 90(3) — Human error distinguished from negligence — Calculation of service time co-extensive with 30-day period from judgment — Factors from Lyamuya applied — Prejudice and balancing of appeal rights.
22 August 2023
The applicant’s statutory rape conviction quashed for failure to prove the victim’s age and irregular admission of evidence.
Criminal law – statutory rape – essential ingredients include penetration, victim's age (under 18) and identity of offender – proof of age is crucial. Evidence – statement of age made before oath is not part of sworn evidence and cannot prove age. Evidence – failure to read contents of documentary exhibit (PF3) after admission renders it liable to be expunged. Evidence – cautioned statement admitted without required inquiry into voluntariness must be expunged.
21 August 2023
July 2023
Leave to appeal granted where High Court wrongly decided substantive issues; jurat omission complained was not incurable.
Civil procedure – Leave to appeal – Exercise of discretion in applications for leave: court must assess whether proposed grounds raise issues of general importance, novel points of law or a prima facie/arguable appeal and must not determine substantive issues; Jurat of attestation – essentials under section 8 Notaries Public and Commissioners for Oaths Act – only omission of date, place or the authority (whom) renders affidavit incurably defective; Revision/Review – competence against orders marking suits withdrawn.
21 July 2023
The applicant's conviction was quashed for unsafe visual identification and insufficient incriminating conduct.
Criminal law — Visual identification — Recognition at night — witness must describe source, placement and intensity of light and room size; witness credibility and prompt identification important — Alleged incriminating conduct cannot substitute for unreliable identification — Conviction quashed for unsafe identification.
21 July 2023
A High Court judgment lacking issues, evidence analysis, and reasons was nullified and remitted for a fresh judgment.
Criminal procedure — Written judgment — Requirement to state points for determination, decision and reasons — Section 312(1) CPA. Assessors — Opinions not binding but Judge must analyse evidence and give reasons when disagreeing — Section 298(2) CPA. Evidence — Reliance on repudiated cautioned statements requires corroboration and analysis. Remedy — Nullification of defective judgment and remittal for fresh judgment; appellants to remain in custody.
20 July 2023
Failure to call a crucial witness and prior litigation supporting respondent’s possession led to dismissal of appellants’ land claim.
Land law – ownership and possession; locus in quo inspection; adverse inference and material witness non‑attendance; res judicata — scope and limits; evaluation of prior primary‑court judgment as evidence of title or possession.
20 July 2023
Absence of assessors' written opinions in DLHT record vitiates proceedings, warranting quash and remittal for compliance.
Land law; District Land and Housing Tribunal procedure; mandatory involvement of assessors; sections 23 and 24 LDCA; Regulation 19 of the Regulations; assessors written opinions must be read to parties and filed; absence of opinions vitiates proceedings; quash and remit remedy.
20 July 2023
Child witness’s evidence given without the s.127(2) promise is inadmissible; conviction quashed and retrial ordered.
Evidence Act s.127(2) – child witnesses – mandatory promise or oath before giving evidence; non‑compliance renders testimony inadmissible and liable to expungement. Section 127(6) does not override or cure failure to comply with s.127(2). Sexual/unnatural offences involving a child – uncorroborated medical or hearsay evidence is insufficient once child’s testimony is excluded. Retrial may be ordered where trial was vitiated by admissibility defects; trial to be before another magistrate.
19 July 2023
Applicant's late reference and failure to show good cause or identify error justify dismissal and refusal of extension.
Civil procedure — Reference against single Justice — Rule 62(1) time limit and rule 8 computation; Extension of time — "good cause" requirement; Ignorance of law, third‑party assistance, age/forgetfulness not good cause; New evidence in reference — only issues raised before Single Justice admissible without leave.
19 July 2023
Failure of a successor magistrate to record reasons for takeover violated the individual calendar system and vitiated the trial proceedings.
Civil procedure – Order XVIII Rule 10(1) CPC – Successor magistrate must record reasons for taking over trial; failure is procedural irregularity. Civil procedure – Individual calendar system – continuity of trial before assigned judge/magistrate; departures require recorded reasons. Revision/remedies – Misapprehension of evidence by successor and non-recording of reasons vitiate proceedings; nullification and remittal appropriate. Costs – Where appellate proceedings arise mainly from trial court irregularity, parties to bear their own costs.
13 July 2023
The appellant’s conviction was quashed after the child’s unsworn testimony and an irregularly obtained cautioned statement were expunged.
Evidence — Child witness — section 127(2) Evidence Act — mandatory promise to tell the truth; failure to record promise renders testimony valueless. Criminal Procedure — cautioned statement — narration of contents before formal admission and recording after four-hour limit under s.50(1)(a) CPA without extension — inadmissible and to be expunged. Appeal — sufficiency of evidence — conviction unsafe where inadmissible evidence is central.
12 July 2023
Acquittal alone does not prove malicious prosecution; respondents failed to show lack of reasonable and probable cause.
Malicious prosecution — burden to prove absence of reasonable and probable cause and malice; acquittal does not ipso facto prove malicious prosecution; reasonable suspicion may arise from circumstantial facts involving employee duties and presence in suspect vehicles.
11 July 2023
Omission under s.210(3) CPA not fatal; evidence proved incest beyond reasonable doubt; appeal dismissed.
Criminal law – Procedure – non-compliance with section 210(3) Criminal Procedure Act – omission not fatal absent prejudice; Evidence – incest (s.158 Penal Code) – victim’s testimony, eye-witness arrest and medical evidence can prove offence beyond reasonable doubt; Appellate procedure – new factual grounds not entertained on second appeal; PF3 admissibility – irregular admission expunged by first appellate court.
11 July 2023
Leave to seek judicial review was improperly granted without the impugned disciplinary decision; mandamus to compel production is the correct step.
Judicial review – Leave to apply for prerogative orders – leave is a necessary precondition and requires prima facie material; Administrative/discplinary law – police disciplinary process – Inspector General as final disciplinary authority; Remedies – mandamus to compel production of impugned decision and records; Civil procedure – incompetence of substantive judicial review without valid leave and without impugned records; Appellate jurisdiction – revisional powers under section 4(2) AJA to quash flawed High Court rulings.
10 July 2023
Failure to conduct voire dire and lack of corroboration made the rape conviction unsafe; appeal allowed and conviction quashed.
Criminal law – Evidence – Child witness of tender age – Failure to conduct voire dire renders testimony unsworn and requires corroboration; Criminal procedure – Admission of documents – Cautioned statement and PF3 admitted but not read out must be expunged; Evidence – Hearsay by relatives and medical evidence of penetration insufficient to identify or corroborate the alleged assailant; Standard of proof – Where corroboration is absent, conviction unsafe and must be quashed.
10 July 2023
Inconsistent child identification and inadequate investigation meant the applicant's conviction could not be sustained.
Evidence — Child witness — Sworn evidence and competency under Criminal Procedure Act; admissibility and duty to ensure understanding of oath. Sexual offences — Conviction on uncorroborated child’s evidence — requirement that testimony be ‘nothing but the truth’ and rigorous credibility assessment under section 127(7) Evidence Act. Identification — Visual identification reliability, need for identification parade and corroborative investigation. Criminal procedure — Adequacy of police investigation; failure to call material witnesses and arresting officer undermines prosecution case.
10 July 2023
June 2023
Settlement signed and registered by an unnotified representative was invalid; matter returned to pre‑settlement stage.
Labour law – representation in labour proceedings – requirement for written notice of representative under rule 43(1) Labour Court Rules – mandatory compliance. Validity of deed of settlement recorded as court award – signature and mandate defects render settlement a nullity. Procedural irregularities and inconsistent party citations – sufficient to quash and remit. Deputy Registrar’s recording of settlement – potential usurpation of powers noted but dispositive finding on representation rendered full decision unnecessary.
19 June 2023
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