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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2,251 judgments

Citation	Judgment date
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
April 2023
Geofrey Kabaka vs Farida Hamza and Another (Civil Application 215 of 2019) [2023] TZCA 210 (28 April 2023) A summary dismissal without hearing breached the applicant's constitutional right to be heard and is therefore a nullity. Constitutional law – right to be heard (Article 13(6)(a)) – summary dismissal without hearing – decision nullity. Civil procedure – competence/jurisdiction – alleged incompetence does not permit summary dismissal without hearing. Remedy – nullification of impugned order and remittal for fresh hearing by another judge.	28 April 2023
Mussa Shadrack Kwiyukwa vs Mektrida Nkinga and Another (Civil Application 233 of 2022) [2023] TZCA 219 (28 April 2023) A 14‑month unexplained delay and lack of diligence defeated the applicant’s request for extension of time. Civil Procedure – Extension of time (rule 10) – requirement to show good cause and reasonable diligence Inadvertence of counsel – may justify extension only if omission is discovered promptly and remedied after reasonable diligence Delay of fourteen months and failure to explain change of counsel establishes lack of diligence and warrants refusal Prejudice to respondents relevant in exercise of discretion	28 April 2023
March 2023
William Sulus vs Joseph Samson Wajanga (Civil Appeal No. 193 of 2019) [2023] TZCA 92 (9 March 2023) Respondent lacked locus standi when instituting suit; judgments below quashed, respondent may sue if duly appointed administrator. Locus standi — capacity to sue — may be raised at any stage including on appeal; letters of administration are required to sue on behalf of a deceased’s estate — documents first tendered on appeal are inadmissible; being an heir does not alone confer authority to represent family or estate.	9 March 2023
February 2023
Jackson Anthony vs Republic (Criminal Appeal No. 242 of 2019) [2023] TZCA 75 (28 February 2023) Conviction overturned where child-victim's evidence lacked statutory promise and remaining evidence was contradictory and unreliable. Evidence — Child witness — s.127(2) Evidence Act — statutory promise to tell the truth required before receiving unsworn evidence. Voir dire — Purpose is to test understanding and oath-taking nature; a clear promise must be procured. Evidence — PF3 and medical evidence — misidentification and improper tendering render such documents unreliable and expungeable. Criminal law — Standard of proof — conviction unsafe where victim's evidence is inadmissible and remaining evidence is contradictory.	28 February 2023
NIC Bank Tanzania Limited & Another vs Samora Mchuma Samora Co. Ltd (Civil Appeal No. 340 of 2020) [2023] TZCA 76 (28 February 2023) Appellants' appeal allowed: amended judgment improperly issued under s.96 CPC; decree set aside and suit ordered reheard de novo. Civil procedure — Rectification of judgment — Section 96 CPC permits correction only of clerical/arithmetic mistakes by separate order; issuing an amended judgment is improper. Amended judgment creating two conflicting judgments or introducing unpleaded facts vitiates decree and may require rehearing de novo. Uncertain judgments/decrees are unenforceable.	28 February 2023
Standard Chartered Bank Tanzania Ltd vs Samwel Nyalla Nghuni (Civil Appeal No. 45 of 2020) [2023] TZCA 73 (28 February 2023) A respondent must prove alleged bank withdrawals and damage even in ex parte proceedings; failure defeats damages. Civil procedure – ex parte proceedings – plaintiff’s burden of proof remains unchanged; evidence must be scrutinised even where defendant defaults. Contract and tort – alleged unauthorised bank withdrawals – requirement for documentary proof (bank statements) to establish amount withdrawn and reimbursement. General damages – judge must assign reasons and base awards on proved facts, not assumptions.	28 February 2023
Masato Manyama vs Lushamba Village Council (Civil Appeal No. 43 of 2020) [2023] TZCA 64 (24 February 2023) An appeal is incompetent where the applicant failed to pursue proper leave or appeal procedures following the LDCA amendment. Land law – Leave to appeal – Section 47 LDCA – Amendment 25 September 2018 – concurrent jurisdiction of High Court and Court of Appeal to grant leave – competence of appeal – second bite versus appeal against refusal.	24 February 2023
Robert Mhando & Another vs The Registered Trustess of ST. Augustine University of Tanzania (Civil Appeal No. 44 of 2020) [2023] TZCA 65 (24 February 2023) Receipts sufficed to prove tuition payments; university vicariously liable for employee's misconduct; damages reduced to pleaded amount. Evidence – receipts as proof of payment – where bank records are held by defendant, defendant must produce them to rebut payer's receipts. Burden of proof – improper shifting of onus by appellate court. Vicarious liability – employer liable for employee's misconduct in revenue department. Damages – appellate interference with quantum where award is excessive; court reduced award to pleaded amount.	24 February 2023
Yohana Mussa Makubi vs Republic (Criminal Appeal No. 99 of 2019) [2023] TZCA 66 (24 February 2023) Procedural omissions in committal proceedings were curable and did not vitiate the appellant's conviction. Criminal procedure — committal proceedings — reading of exhibits and cautioned statements at committal (s.246 CPA) — signature of accused (s.246(6) CPA) — authentication of oath/affirmation entries by judge — curable irregularity (s.388 CPA).	24 February 2023
Geita Gold Mining Limited vs Anthony Karangwa (Civil Appeal No. 42 of 2020) [2023] TZCA 28 (20 February 2023) Time spent pursuing a wrongly filed revision is excluded under section 21(2) LLA, so the refiled revision was timely. Limitation of actions – Law of Limitation Act s.21(2) – exclusion of time spent prosecuting another proceeding filed in wrong court; Application of LLA to other statutes – s.46 LLA – interplay with ELRA s.91(1); Procedural law – whether extension of time is prerequisite to relying on s.21(2) exclusion (held: no).	20 February 2023
Peter Wegesa Chacha Timas & Others vs North Mara Gold Mine Limited (Civil Appeal No. 49 of 2020) [2023] TZCA 30 (17 February 2023) An open‑ended amendment order is invalid; proceedings based on it are nullified and the record remitted for continuation. Civil procedure – Amendment of pleadings – Order VI r.17 CPC – court must specify parameters/extent of permitted amendment; open‑ended amendment orders invalid. Pleadings – amended plaints filed pursuant to invalid orders rendered ineffectual. Remedies – striking out/rejection versus dismissal of entire suit. Appellate powers – revision to nullify subsequent proceedings and remit record for continuation. Land law – allegation as to enforceability of oral contract for sale of land raised but left unremedied by appellate nullification.	17 February 2023
Majaliwa Mayombya vs Republic (Criminal Appeal No. 247 of 2019) [2023] TZCA 18 (16 February 2023) A subordinate court's trial of an economic offence without the DPP's EOCCA certificate is void for lack of jurisdiction. Criminal law – Economic offences – Jurisdiction – Requirement under EOCCA for a DPP’s certificate to permit a subordinate court to try offences triable by the Corruption and Economic Crimes Division of the High Court – Trial without such certificate is a nullity. Procedural law – Nullity – Proceedings and appellate judgments founded on jurisdictionally null trials are themselves nullities. Appellate jurisdiction – Revisional powers under section 4(2) AJA – Quashing convictions and setting aside sentences where trial lacked jurisdiction. Criminal procedure – Discretion to order retrial – Consideration of interests of justice, time served and presidential pardon.	16 February 2023
Yankami Idd or Alfan Idd @ Nyanzabara vs Republic (Criminal Appeal No. 249 of 2019) [2023] TZCA 17 (14 February 2023) Voir dire omission immaterial; uncalled witnesses non‑prejudicial; sentence substituted to mandatory life imprisonment. Criminal law – Unnatural offence against a child – competency of child witness and voire dire procedure (s127 Evidence Act) – discretionary choice of prosecution witnesses (s143 Evidence Act) – variance between charge particulars and evidence – mandatory life sentence under s154(2) Penal Code – appellate jurisdiction to strike new grounds not raised below.	14 February 2023
Jacob Yusuph @ Dude vs Republic (Criminal Appeal No. 248 of 2019) [2023] TZCA 16 (13 February 2023) Victim's unsworn testimony and lack of proof of age/school status rendered rape and schoolgirl-impregnation convictions unsafe. Criminal law — statutory rape (s.130(2)(e) Penal Code) — proof of victim's age; Evidence — witness testimony taken without oath/affirmation — admissibility and credibility; Education Act (s.60A(3)) — requirement to prove victim was a schoolgirl when impregnated; Misapprehension of evidence — convictions unsafe.	13 February 2023
December 2022
Florian M. Manyama & Another vs Maxmillian Thomas (Civil Appeal 121 of 2020) [2022] TZCA 823 (22 December 2022) DLHT had jurisdiction and the alleged sale was not proved; appeal dismissed with costs. Land disputes – jurisdiction of District Land and Housing Tribunal – pecuniary limits under LDCA; Evidence – primary (original) vs secondary (copy) evidence – section 66 and 67 Evidence Act; Proof of sale of land – burden on purchaser to prove transfer on balance of probabilities; Failure to call material witnesses – adverse effect on credibility and probative value; Registered land – necessity of transfer forms and original title for proof of change of ownership.	22 December 2022
Dominc Ishengoma vs Geita Gold Mining Ltd (Civil Application 146 of 2020) [2022] TZCA 803 (8 December 2022) Applicant failed to show good cause for extension; alleged illegality not apparent and prospects of success insufficient. Extension of time – requirement to show good cause – alleged illegality must be apparent on the face of the record to constitute good cause – procedural missteps, wrong forum and relitigation do not justify extension – prospects of success alone insufficient.	8 December 2022
Emmanuel Makamba vs Bodi Ya Wadhamini Jimbo Kuu La Mwanza (Civil Application 423 of 2021) [2022] TZCA 809 (8 December 2022) Applicant granted 30 days to apply for certificate on points of law; delay treated as technical and justified. Civil procedure – extension of time – application for certificate on point of law – rule 45A(1)(c) and rule 45A(3) Court of Appeal Rules – late supply of judgment and necessity to read judgment before formulating points of law – technical delay as good cause – functus officio argument rejected.	8 December 2022
Geita Gold Mining Limited vs Sweetbert Hurbert (Civil Appeal 269 of 2019) [2022] TZCA 824 (8 December 2022) Failure to deliver a reserved ruling on admissibility of crucial CCTV evidence nullified subsequent labour adjudications and required remittal. Labour law – termination dispute – reliance on electronic evidence (CCTV) – admissibility objection reserved but ruling not delivered – procedural fairness and right to reasons. Evidence – electronic/electronic transactions – competence to tender CCTV footage – importance of resolving admissibility by delivered ruling before proceeding. Civil procedure – failure to deliver reserved ruling – irregularity that may invalidate subsequent proceedings and awards. Appellate jurisdiction – exercise of revision powers to quash proceedings and remit record for proper determination.	8 December 2022
Israel Malegesi & Another vs Tanganyika Bus Services (Civil Application 171 of 2020) [2022] TZCA 826 (8 December 2022) Extension refused because revision cannot challenge interlocutory High Court orders; application struck out with costs. Civil procedure – extension of time under Rule 10 – requirement to show "good cause". Appellate jurisdiction – section 5(2)(d) AJA – no revision lies against interlocutory or preliminary High Court orders which do not finally determine the suit. Futility principle – court will not grant extension for a remedy that is legally unavailable. Alleged illegality and delay – illegality must be apparent and not render the application for revision a prohibited challenge to interlocutory orders.	8 December 2022
Kayora Senyange vs Makacha Ogutu & Another (Criminal Application 39 of 2022) [2022] TZCA 802 (8 December 2022) Court of Appeal struck out extension application for failing to obtain a prior High Court refusal as required by the rules. Court of Appeal Rules — procedural prerequisite for extension of time applications — requirement of prior High Court refusal ('first bite') — failure to comply renders application premature and incompetent; sua sponte striking out; costs waived.	8 December 2022
Mbolile Madimanya vs Kazimili Petro (Civil Application 415 of 2022) [2022] TZCA 812 (8 December 2022) Applicant failed to show good cause for an extension of time because the period of delay was not adequately accounted for. Civil procedure – Extension of time – Second-bite application under Rule 45A – need to account for all days of delay; delay runs from date of High Court refusal unless excluded by Registrar's certificate under Rule 45A(2). Principles for good cause – application must account for period of delay, show absence of inordinate delay and demonstrate diligence (Tanga Cement; Lyamuya). Waiting for prosecution of first-bite application does not, by itself, justify delay in filing second-bite application.	8 December 2022
Naima Suleiman vs Idu Busanya Mugeta & Others (Civil Application 538 of 2019) [2022] TZCA 827 (8 December 2022) Applicant failed to show good cause for extension; alleged illegality not apparent and alternative remedies available. Civil procedure — extension of time under Rule 10 — "good cause" — allegation of illegality must be apparent on the face of the record; alternative remedies (objection to sale, setting aside sale) may render revision inappropriate.	8 December 2022
Ndaro Bwire Songora vs Mwinuko Secondary School (Civil Appeal 371 of 2019) [2022] TZCA 825 (8 December 2022) Personal representatives permitted in Labour Court; denying representation and hearing renders decision a nullity. Labour law – Representation before Labour Court – Section 56 LIA permits a party's personal representative (non-advocate) to appear; Advocate Act cannot restrict that right; Civil procedure – suo motu intervention and right to be heard – Judge must afford parties opportunity to address merits after raising representation issue; failure to do so renders decision a nullity.	8 December 2022
Okech Akomo vs Konsilata Adoyo (Civil Application 625 of 2022) [2022] TZCA 810 (8 December 2022) Extension refused where alleged illegality was not apparent on the record and a 33-month delay remained unexplained. Extension of time — requirement to account for each day of delay; illegality as ground for extension — must be apparent on the face of the record; inordinate delay and inadequate medical evidence — refusal of extension; reliance on Lyamuya and Ngao authorities.	8 December 2022
Solo Jumanne Yamlinga & Others vs Msafiri Jumanne Mashaka (Civil Application 419 of 2022) [2022] TZCA 808 (8 December 2022) A second bite extension application filed well beyond Rule 45A(1)(c)'s 14-day limit is time-barred and must be struck out. Civil procedure – extension of time – second bite application under Rule 45A(1)(c) – fourteen days limitation – non-compliance renders application time-barred and affects jurisdiction; consequence is striking out, not dismissal. Court’s duty to enforce mandatory procedural rules even where application is unopposed.	8 December 2022
Tanzania Breweries Limited vs The Minster for Labour 7 Youth Development & Others (Civil Application 410 of 2022) [2022] TZCA 806 (8 December 2022) Extension of time granted to serve review application; avoiding service via registered mobile may be treated as service. Extension of time – Rule 10 Court of Appeal Rules – Good cause assessed by Lyamuya factors – Service of process by telephone/mobile – Rebuttable presumption of service where party avoids service via mobile number registered under BVR.	8 December 2022
Theresia Thomas Madaha vs Paulina Samson Ndawavya (Civil Application 171 of 2020) [2022] TZCA 804 (8 December 2022) Extension of time granted where appeal was prosecuted and determined at the instance of a deceased respondent, amounting to prima facie illegality. Civil procedure – extension of time to apply for review; illegality as sufficient cause – appeal prosecuted and determined at instance of a deceased person; denial of right to be heard (lack of service); requirement that illegality be apparent on face of record; Court’s inherent powers to proceed ex parte and depart from abatement rule where administrator fails to comply with joinder order (rule 4(2) and rule 53(4)); reliance on Principal Secretary v Devram Vallambhia.	8 December 2022
Tiluhuma Pima vs Malogoi Muhoyi (Civil Application 413 of 2022) [2022] TZCA 807 (8 December 2022) Applicant failed to prove good cause for extension; illegality and sickness were not sufficiently demonstrated, application dismissed with costs. Extension of time — "good cause" required; illegality apparent on face of record may constitute good cause; applicant must prove dates and facts by affidavit; sickness can be good cause but must account for entire delay; dismissal of time-barred revision appropriate.	8 December 2022
Fatuma Mohamed vs Chausiku Selema (Civil Application 228 of 2022) [2022] TZCA 805 (7 December 2022) Applicant granted extension for appeal due to excusable technical delay and registry filing irregularities. Extension of time – Rules 10 and 45A(1)(a) – Good cause assessed by length and reason for delay, prospects and prejudice – Excusable technical delay where earlier appeal prosecuted then struck out – Registry/filing irregularities and short preparation periods can justify delay – Affidavits: limited legal inferences tolerable if no injustice.	7 December 2022
Kikundi Cha Nzengo Halwego vs Hosea Obedi (Civil Application 633 of 2021) [2022] TZCA 811 (7 December 2022) Applicant failed to account for each day of delay; extension of time refused and costs awarded to respondent. Civil procedure — Extension of time under rule 45A(1)(c) — Duty to account for each day of delay — Affidavit must state when judgment/copies were supplied — Virtual proceedings do not excuse failure to aver material facts.	7 December 2022
Tatu Mgetta & Another vs Mwanza Sattelite Cable TV (Civil Appeal 142 of 2019) [2022] TZCA 779 (6 December 2022) A referral presented on the wrong prescribed form must be refused under Rule 12, not determined on its merits. Labour law – referral documents – Requirement to use prescribed form; Rule 12(1)–(3) Labour Rules – refusal to accept incompetent referral; condonation application – wrong/repealed form – commission must refuse not determine merits; appellate revision – quash and set aside prejudicial misdirection.	6 December 2022
Inspector General of Police Another vs Ex- B 83565/sgt Sylvesternyanda (Civil Appeal 369 of 2019) [2022] TZCA 776 (5 December 2022) High Court lacked jurisdiction to hear an ordinary civil challenge to the Inspector General of Police's final disciplinary decision. Constitutional/administrative law – jurisdiction – disciplinary decisions of police force – final disciplinary authority vested in Inspector General of Police; Police disciplinary procedure – Regulation 18(3) GN.193/1998 – appeal to IGP final; Civil procedure – jurisdiction must be established before addressing merits; Remedy – recourse through special forum/judicial review, not ordinary civil suit.	5 December 2022
Marwa Chacha Kisyeri vs Mwanza Baptist Secondary School (Civil Appeal 366 of 2019) [2022] TZCA 774 (5 December 2022) Employee on fixed-term contracts failed to prove an objective reasonable expectation of renewal; appeal dismissed. Employment law – Fixed-term contracts – Failure to renew – Section 36(a)(iii) ELRA and rule 4 Code of Good Practice – "Reasonable expectation of renewal" requires objective proof (prior renewals, employer undertakings, conduct) – burden on employee – employer notice and terminal benefits negate expectation.	5 December 2022
Herman Omary Mganga vs Winnie Sheba Seme (Civil Appeal 368 of 2019) [2022] TZCA 775 (2 December 2022) A party must first apply to the issuing court to set aside an ex parte judgment before seeking revision or appeal. Civil procedure – Ex parte judgments – Rule 30 remedy to set aside an ex parte decision – Exclusive jurisdiction of the court which pronounced the ex parte judgment – Revision vs setting aside – Jurisdictional limit; Matrimonial property – division pending dissolution – sections 114(1) and 58, Law of Marriage Act.	2 December 2022
Moshi Mustafa & Others vs Ilemela Municipal Council & Another (Civil Appeal 117 of 2020) [2022] TZCA 765 (2 December 2022) The applicants, as non-owners, were not entitled to compensation; special damages require specific pleading and proof. Land law – compensation – market valuation report inadmissible to benefit non-owners; Pleading – special damages must be specifically pleaded and strictly proved; Trespass – trespassers not ordinarily entitled to notice or compensation for forced eviction; General damages – must be direct, natural or probable consequences of wrongdoing; Equity – cannot be invoked where express law governs the matter.	2 December 2022
Mroni Mtwena vs Republic (Criminal Appeal 116 of 2019) [2022] TZCA 764 (2 December 2022) Conviction quashed where weak night-time identification and unexplained seven-month arrest delay rendered the prosecution case unsafe. Criminal law – Visual identification – identification at dawn/moonlight must be supported by particulars (source/intensity of light, proximity, duration). Unexplained delay in arrest – may indicate lack of immediate identification and undermines prosecution case. Duty to call investigator/arresting officer to explain delay. Familiarity between witness and accused does not automatically cure poor identification conditions.	2 December 2022
August 2022
Muganyizi Peter Micahel & Others vs Republic (Criminal Appeal 144 of 2020) [2022] TZCA 499 (9 August 2022) Appeal dismissed: weak visual ID rejected, but confessions and fingerprint evidence upheld, sustaining murder convictions. Criminal law – murder; reliability of visual identification at night; cautioned statements – voluntariness, timeliness under s.50 CPA and admissibility; trial‑within‑a‑trial procedure and assessors; fingerprint evidence – expert qualification and chain of custody; corroboration of confessions.	9 August 2022
July 2022
John Barnaba Machera vs North Mara Gold Mine Limited (Civil Appeal 204 of 2019) [2022] TZCA 453 (20 July 2022) Successor judge improperly re-opened decided preliminary objections; proceedings from his takeover quashed and matter remitted. Civil procedure – succession of judges – Order XVIII Rule 15(1) CPC (recording reasons for taking over) – Order XIV Rule 2 CPC (trial of issues of law before issues of fact) – functus officio/res judicata – preliminary objections and limitation (Item 6, Schedule to the Law of Limitation Act) – framing issues and holistic trial management.	20 July 2022
Mhubiri Rogega Mong'ateko vs Mak Medics Ltd (Civil Appeal 106 of 2019) [2022] TZCA 452 (20 July 2022) A tribunal cannot decide a case on a document that was never tendered or admitted in evidence; retrial ordered. Evidence — admissibility of documents — a document not tendered and admitted in evidence cannot be relied upon and cannot form part of the record. Labour law — dismissal for alleged misconduct — procedural fairness — reliance on improperly admitted evidence vitiates decision. Civil procedure — miscarriage of justice — quashing proceedings and ordering retrial where key evidence was not admitted.	20 July 2022
Methusela Enoka vs National Microfinace Bank Ltd (Civil Appeal No.266 of 2019) [2022] TZCA 447 (19 July 2022) Days spent awaiting a copy of judgment are excluded under limitation law; High Court erred dismissing the appeal without checking the record. Limitation law – section 19(2) & (3) LLA – exclusion of period awaiting judgment/decree – automatic exclusion when request and supply dates are on record; Civil Procedure – Order XXXIX Rule 1 CPC – memorandum of appeal and accompanying judgment/decree; appellate duty – verify original trial record before dismissing for time bar.	19 July 2022
Fortunatus Lwanyantika Masha & Another vs Claver Woshi Limited (Civil Appeal No. 144 of 2019) [2022] TZCA 433 (18 July 2022) A land recovery suit filed after the 12‑year limit without pleading exemption is time‑barred and incompetent. Limitation law – recovery of land – Item 22, Part I Schedule to Law of Limitation Act – twelve‑year period from accrual of cause of action. Civil procedure – Order VII Rule 6 CPC – mandatory requirement to plead grounds for exemption when plaint is filed after limitation period. Limitation – negotiations or correspondence between parties do not suspend or stop limitation period. Appellate jurisdiction – Section 4(2) AJA – power to nullify proceedings where lower court lacked jurisdiction due to time‑barred claim.	18 July 2022
Martin Fredrick Rajab vs Ilemela Municipal Council & Another (Civil Appeal 197 of 2019) [2022] TZCA 434 (18 July 2022) Appellant failed to prove ownership of land already surveyed, allocated and registered to respondent; appeal dismissed. Land law – survey and allocation of land; registered title prevailing over subsequent unregistered sales; burden of proof in civil cases (s.110 Evidence Act); documentary evidence and parol evidence rule (s.100 Evidence Act); constructive notice of entries in Land Register (s.34 Land Registration Act); requirement to describe suit property in pleadings (Order 7 r.3 CPC).	18 July 2022
North Mara Gold Mine Limited vs Emmanuel Mwita Magesa (Civil Appeal 271 of 2019) [2022] TZCA 442 (18 July 2022) Appeal allowed: attackers were not identified as the appellant's employees and vicarious liability was not established. Evidence — identification of assailants — requirement that witnesses identify attackers to link them to employer. Vicarious liability — employer liability requires nexus and wrongful act in course of employment. Appellate review — second appeal will interfere where there is misapprehension of evidence or reliance on extraneous matter. Conduct after injury (humanitarian assistance) does not necessarily amount to admission of liability without express or documentary proof.	18 July 2022
Patrick William Magubo vs Lilian Peter Kitali (Civil Appeal No. 41 of 2019) [2022] TZCA 441 (18 July 2022) Failure to tender the mandatory marriage conciliation certificate deprived the trial court of jurisdiction, nullifying subsequent judgments. Law of Marriage Act ss.101,106(2) – mandatory referral to Marriage Conciliation Board and certificate requirement; annexures not evidence; jurisdictional competence in matrimonial causes; Evidence Act s.59 judicial notice not a substitute for tendering documents.	18 July 2022