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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2,252 judgments

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2,252 judgments

Citation	Judgment date
July 2022
Shija s/o Marko vs Republic (Criminal Appeal No. 246 of 2018) [2022] TZCA 432 (18 July 2022) Uncontradicted prisoner affidavit and transfers constituted good cause; High Court erred by predetermining the intended appeal. Criminal procedure — extension of time to appeal — discretionary power of High Court under s.361(2) CPA — principles governing grant of extension. Prisoners’ appeals — uncontradicted affidavit by prisoner re handing documents to prison officers and prison transfers — constitutes good cause for extension. Procedural impropriety — High Court must not determine merits of intended appeal when deciding extension of time. Prison officers’ inaction or negligence — cannot be held against imprisoned appellants in delay applications.	18 July 2022
Barnabas William Mathayo vs Republic (Criminal Appeal No. 254 of 2020) [2022] TZCA 431 (15 July 2022) Prosecution failed to prove stolen kerosene; improperly admitted exhibits expunged and forfeiture order quashed. Criminal law – proof beyond reasonable doubt – receiving stolen property – admissibility of exhibits (must be read over in court) – material contradictions in prosecution evidence – variance between charge particulars and evidence (84,000 vs 36,000 litres) – failure to amend charge under section 34(1) CPA – forfeiture/order for return where property not tendered as exhibit – revisional powers to quash misplaced forfeiture.	15 July 2022
Paulo Machandi vs Republic (Criminal Appeal No. 244 of 2019) [2022] TZCA 430 (15 July 2022) Conviction quashed where identification and procedural errors left prosecution case unsafe. Criminal law — Rape — identification and circumstantial evidence — necessity to exclude every reasonable hypothesis of innocence; Evidence — child witness procedures and expungement; Procedure — improper tendering of documents by prosecutor; Criminal procedure — delay in arraignment and prejudice.	15 July 2022
Capital Drilling T. Limited vs Alex Barthazali Kabendera (Civil Appeal No. 370 of 2019) [2022] TZCA 426 (14 July 2022) Failure to administer oath to CMA witnesses vitiates proceedings, requiring rehearing de novo before a new arbitrator. Labour law – procedural fairness – requirement for witnesses at CMA to take oath or affirm (G.N. No. 67, Rules 19(2)(a) and 25(1)) – evidence given without oath has no evidential value – proceedings vitiated – award and subsequent High Court judgment set aside – matter remitted for rehearing de novo before another arbitrator.	14 July 2022
Nzwelele Lugaila vs Republic (Criminal Appeal No. 140 of 2020) [2022] TZCA 423 (14 July 2022) Court upheld conviction: cautioned statement admissible (conveyance time excluded) and confession corroborated by post‑mortem, appeal dismissed. Criminal procedure – admissibility of cautioned statement – timing under s.50(1)(a) and exclusion of conveyance time under s.50(2) CPA. Evidence – voluntariness and certification of police confessions – semantic defects vs. substantive compliance. Corroboration – confession corroborated by post‑mortem report demonstrating injuries consistent with the confession. Delay in arrest – investigation and tip‑off justify post‑offence arrest; delay does not necessarily imply fabrication.	14 July 2022
Registered Trustee of Sos Children's Villages Tanzania vs Igenge Charles & Others (Civil Application No. 426 of 2018) [2022] TZCA 428 (14 July 2022) Lack of locus standi to sue in own name renders lower courts' proceedings on deceased's land null and void. Locus standi – jurisdictional requirement – litigant must show sufficient interest in subject matter to maintain suit; Capacity to sue – actions relating to deceased’s estate must be brought by legal/personal representative; Procedural irregularity – failure to consider locus standi renders proceedings a nullity; Revision – non-party with interest may seek revision where rights affected.	14 July 2022
Snv Netherlands Development Organization Tanzania vs Anne Fidelis (Civil Appeal No. 198 of 2019) [2022] TZCA 427 (14 July 2022) Evidence given without oath before the CMA vitiates proceedings; award and High Court decision quashed and remitted for retrial. Labour law – Evidence — Mandatory oath or affirmation under CMA Rules and Oaths Act; failure to administer oath renders testimony inevidential and vitiates CMA proceedings; resultant award and High Court revision quashed; matter remitted for rehearing de novo; no costs in labour matters.	14 July 2022
Wambura Marwa Wambura vs Republic (Criminal Appeal No. 115 of 2019) [2022] TZCA 429 (14 July 2022) Unexplained delay in arrest, omission to call investigator, and unsafe night identification led to quashing of conviction. Criminal law – armed robbery – unexplained delay in arrest undermining prosecution case; failure to call investigating officer permits adverse inference; visual and voice identification at night must be proved with clear evidence of light intensity and familiarity before conferring reliability.	14 July 2022
Chacha Matiko @ Magige vs Republic (Criminal Appeal No. 295 of 2020) [2022] TZCA 414 (12 July 2022) Murder conviction quashed where lone eyewitness inconsistencies and prosecution omissions raised reasonable doubt. Criminal law — Murder — Identification evidence — Reliance on lone eyewitness; contradictions and inconsistencies; failure to call material witnesses; adverse inference; unexplained delay in arrest — Conviction unsafe.	12 July 2022
Director of Public Prosecutions vs Daniel Wasonga (Criminal Appeal No. 64 of 2018) [2022] TZCA 418 (12 July 2022) Victim's recognition in daylight and corroboration upheld conviction despite PF3 reading irregularity and hospital delay. Criminal law – Sexual offences – Rape – Victim recognition versus visual identification; reliability where parties are neighbours and assault occurred in daylight. Evidence – Admissibility of PF3 – requirement that documentary exhibits be read aloud to the accused; failure renders exhibit expunged. Evidence – Standard of proof – prosecution must establish guilt beyond reasonable doubt; minor inconsistencies or delay to hospital not necessarily fatal. Procedure – Appellate review – re-evaluation of evidence and credibility of witnesses.	12 July 2022
Malula Chemu @ Malula & Others vs Republic (Criminal Appeal No. 188 of 2019) [2022] TZCA 417 (12 July 2022) Trial court’s failure to hold a trial-within-trial rendered a key confession inadmissible; evidence was insufficient, convictions quashed. Criminal law – admissibility of cautioned statements – voluntariness objection requires trial-within-trial; failure to object at trial waives challenge on appeal – visual identification standards – insufficiency of evidence to prove guilt beyond reasonable doubt.	12 July 2022
Mashaka Marwa vs Republic (Criminal Appeal No. 138 of 2018) [2022] TZCA 416 (12 July 2022) Failure to read an admitted PF3 prejudices the applicant, but conviction upheld on credible corroborated evidence. Criminal law – rape – proof beyond reasonable doubt – admissibility and reading of documentary exhibits (PF3) – expungement where contents not read to accused; trials for sexual offences – requirement to hold proceedings in camera and effect of non-compliance; evidence of child witnesses – voir dire and oath/affirmation after statutory amendment; legal aid – duty to apply and effect on fair trial.	12 July 2022
Samsom Chacha @ Mwita Pius @ Kipepeo vs Republic (Criminal Appeal No. 76 of 2018) [2022] TZCA 415 (12 July 2022) Conviction quashed where visual ID and parade were unreliable and statements/exhibits admitted with procedural irregularities. Criminal law — Visual identification — Requirements under Waziri Amani — need for description of light intensity and observation conditions. Criminal procedure — Identification parade — prior description to police essential for crediting parade evidence. Evidence — Cautioned statement — inquiry into voluntariness required before admission. Evidence — Documentary exhibits — mandatory reading out to accused after admission; failure is fatal.	12 July 2022
Bahati John vs Republic (Criminal Appeal No. 114 of 2019) [2022] TZCA 407 (11 July 2022) Failure to consider mitigating factors rendered a 20-year manslaughter sentence excessive; appeal allowed and sentence set aside. Criminal law — Manslaughter sentencing — Section 198 provides maximum penalty (life), discretionary sentencing required — Failure to consider mitigating factors renders sentence excessive — Appellate interference warranted where sentencing judge overlooks material factors.	11 July 2022
Bernard Matutu vs Republic (Criminal Appeal 13 of 2018) [2022] TZCA 410 (11 July 2022) High Court's summary dismissal without notice violated the appellant's right to be heard and was quashed; matter remitted for rehearing. Criminal procedure – appeal – duty to give notice of time and place of hearing – provisions of Criminal Procedure Act (secs. 363, 365, 366(2)). Constitutional right to be heard – Article 13(6)(a) – violation renders decision a nullity. Remedy – quash and set aside High Court order; remit for rehearing before another judge.	11 July 2022
Director of Public Prosecutions vs Jaba John (Criminal Appeal No. 206 of 2020) [2022] TZCA 406 (11 July 2022) Non-compliance with s192(3) CPA vitiates only the preliminary hearing, not a fully conducted trial absent prejudice. Criminal procedure – Preliminary hearing – Section 192(3) CPA – memorandum of agreed facts must be read, explained and signed – non-compliance vitiates preliminary hearing only, not a fully conducted trial absent prejudice – High Court’s nullification of entire trial proceedings was misdirected.	11 July 2022
Joseph Deus @ Sahani & Another vs Republic (Criminal Appeal No. 564 of 2019) [2022] TZCA 411 (11 July 2022) Appellants' post-arrest cautioned statements expunged, but voluntary confessions remained cogent and appeal was dismissed. Criminal law – Admissibility of confessions – cautioned statements improperly admitted must be expunged. Criminal procedure – Failure to object at trial — appellate courts will not entertain new objections to admissibility raised for first time on appeal. Evidence – Extra-judicial confessions describing planning and roles may constitute cogent circumstantial evidence proving murder beyond reasonable doubt. Circumstantial evidence – must satisfy cogency, definite tendency and form an unbroken chain pointing to accused's guilt.	11 July 2022
Revocatus Luhega Kisandu vs Republic (Criminal Appeal No. 195 of 2019) [2022] TZCA 409 (11 July 2022) Appellant’s conviction upheld based on reliable recognition at night; appeal dismissed. Criminal law – visual identification and recognition; night-time identification – factors (light, duration, distance, prior acquaintance); credibility of related witnesses; effect of minor inconsistencies; delay in arrest attributed to accused’s flight.	11 July 2022
Godfrey William @ Matiko & Another vs Republic (Criminal Appeal No. 134 of 2022) [2022] TZCA 403 (8 July 2022) Court quashed murder convictions due to unreliable visual identification and improperly admitted cautioned statement, ordering release. Criminal law – Evidence – Visual identification – night identification by torch; requirements under Waziri Amani and need to explain intensity and area illuminated. Criminal procedure – Admissibility of cautioned statements – trial‑within‑a‑trial, voluntariness and requirement to give reasons before admission. Evidence – Failure to call key investigating officer – adverse inference may be drawn against the prosecution. Sufficiency of evidence – proof beyond reasonable doubt required; unreliable identification and improperly admitted statement vitiate conviction.	8 July 2022
Heleniko Ndimki @ Kaleji & Another vs Republic (Criminal Appeal No. 443 of 2018) [2022] TZCA 404 (8 July 2022) Visual identification by familiar, consistent witnesses under lantern light upheld the murder conviction. Criminal law – visual identification – evidence must eliminate possibility of mistaken identity; assess time of observation, distance, lighting and prior acquaintance. Eyewitness credibility – relatives as witnesses – consistency, early identification and unshaken testimony can render evidence reliable. Appeal – re-evaluation of coherence and consistency of witness testimony is within appellate competence.	8 July 2022
Ndaro Sumun Mabuse @ Amiri @ Ronaldo & Other vs Republic (Criminal Appeal No. 547 of 2019) [2022] TZCA 405 (8 July 2022) Trial judge's failure to direct assessors on vital legal points vitiated proceedings; fresh summing-up and judgment ordered. Criminal procedure – Trials with assessors – Duty of trial judge to sum up and explain vital points of law; Failure to direct assessors on malice aforethought, visual identification, alibi, confession and identification parade vitiates proceedings; Appropriate remedies – partial nullification, fresh summing up and judgment where other aspects of trial regular.	8 July 2022
May 2022
General Manager African Barrick Gold Mine Ltd vs Chacha Kiguha & Others (Civil Application 217 of 2019) [2022] TZCA 275 (13 May 2022) Applicant failed to establish grounds to order service of the memorandum and record of appeal; application dismissed with costs. Court of Appeal Rules — service of memorandum and record of appeal — rule 97(1) requirement to serve respondents who complied with rule 86; rule 84 dependency for service of notice of appeal; proof of service under rule 22(6) requires affidavit or oral evidence; extension of time under rule 10 when time limits lapse; rule 97(2) cannot substitute for non‑compliance with rule 97(1).	13 May 2022
Jonathan Kalaze vs Tanzania Breweries Limited (Civil Appeal 360 of 2019) [2022] TZCA 312 (13 May 2022) Pleaded loss of business (special damages) must be strictly proved; unproven interference led to dismissal of appeal. Civil procedure - pleadings - plaintiff bound by pleadings; loss of business/profit pleaded as special damages requires strict proof. Evidence - burden and standard of proof - section 110 Evidence Act; balance of probabilities. Damages - distinction between general and special (specific) damages; need for particularized proof of special damages. Evidence - failure to call material witnesses and produce documentary proof permits adverse inference. Evidence - audio recordings require authentication and witness identification to be conclusive.	13 May 2022
Joseph Nyakia Daudi vs Republic (Criminal Appeal No. 355 of 2013) [2022] TZCA 841 (13 May 2022) If appellate records are irretrievable and the applicant has served most of the sentence, the conviction may be quashed. Criminal procedure – Missing appellate records – exhaustive efforts to reconstruct – relief where reconstruction fails. Remedies – retrial vs quashing conviction – when substantial term already served. Appellate jurisdiction – exercise of section 4(2) AJA to quash conviction and set aside remaining sentence. Registry responsibilities – tracing and reconstructing lost court records; condemnation of unexplained disappearances.	13 May 2022
Ligwa Bulunda vs Republic (Criminal Appeal 256 of 2018) [2022] TZCA 276 (13 May 2022) Trial judge's failure to sign witness records rendered proceedings null, requiring retrial for the appellant. Criminal procedure – recording of evidence in High Court – practice of judge appending signature after each witness's evidence – authenticity of record.* Failure to sign is an incurable irregularity vitiating proceedings – retrial ordered.	13 May 2022
Makonyo John @ Kibuna & Otherrs vs Republic (Criminal Appeal 305 of 2018) [2022] TZCA 277 (13 May 2022) Court upheld murder convictions, finding single-night visual identification reliable and procedural defects non‑fatal. Criminal law – Visual identification at night – single eyewitness evidence must be watertight (light, proximity, familiarity, duration); Committal irregularity – appellate power to nullify unlawfully recorded evidence; Contradictions – minor inconsistencies do not necessarily undermine prosecution; Evidence – prosecution’s discretion on witnesses and exhibits; Delay in arrest – requires explanation but not fatal if satisfactorily explained.	13 May 2022
Maunda s/o Mogosi @ Nyambarokera vs Republic (Criminal Appeal 260 of 2018) [2022] TZCA 282 (13 May 2022) High Court wrongly dismissed the appellant's timely criminal appeal without hearing; matter quashed and remitted for merits. Criminal procedure – Time limits for appeals – Section 361 CPA – notice of appeal and petition of appeal; exclusion of time taken to obtain copies. Right to be heard – natural justice – dismissal without hearing as miscarriage of justice. Civil/criminal procedure – Incompetent/time‑barred appeals should be struck out, not dismissed. Appellate jurisdiction – Revision under section 4(2) AJA to quash High Court proceedings and remit for hearing on merits.	13 May 2022
Sopeter Nyanza & Another vs Republic (Criminal Appeal 289 of 2018) [2022] TZCA 281 (13 May 2022) EJS and text‑message evidence upheld; detention during President’s pleasure lawful for offenders under eighteen. Evidence — Extra‑judicial statements: compliance with Chief Justice’s Guide; consent, reading over, thumbprints/signatures; failure to sign every page not fatal. Evidence — Repudiated confession: admission without timely objection bars later challenge; corroboration where necessary. Electronic evidence — Mobile phone/text messages: contextual consistency sufficient; calling service provider or cyber experts unnecessary where phone led to arrest and ownership/admission by accused. Sentencing — Child offenders: section 26(2) Penal Code (detention during President's pleasure) valid substitute for death sentence for offenders under 18; not necessarily prohibited by Law of the Child Act’s ban on imprisonment.	13 May 2022
Wambura Kiginga vs Republic (Criminal Appeal 301 of 2018) [2022] TZCA 283 (13 May 2022) Child’s evidence retained under s127(6) despite s127(2) omission; PF3 expunged but oral medical evidence upheld; appeal dismissed. Evidence Act s.127(2) & (6) – child witness competence and promise to tell the truth – exceptional application of s.127(6). Criminal procedure – admissibility of documentary exhibits – requirement to read exhibits aloud to accused; expungement if not complied with. Sexual offences – proof of penetration and medical evidence (PF3) – effect of expunged exhibit on oral medical testimony. Proof of age in statutory rape – parent/guardian testimony and admissions by accused sufficient. Appellate review – failure of lower courts to consider defence can be cured by appellate assessment.	13 May 2022
Bundala Makoye vs Republic (Criminal Appeal 137 of 2018) [2022] TZCA 278 (12 May 2022) Unsworn witness testimony in criminal trials violates section 198(1) CPA and may void evidence, warranting retrial in the interest of justice. Criminal procedure – section 198(1) CPA – mandatory oath or affirmation – evidence given without oath/affirmation amounts to no evidence; nullification of affected proceedings and ordering of retrial where interest of justice so requires (Fatehali Manji principle).	12 May 2022
Geita Gold Mining Limited vs Jumanne Mtafuni (Civil Appeal 30 of 2019) [2022] TZCA 272 (12 May 2022) Court set aside unproved TZS 40,000,000 award, upheld TZS 20,000,000 general damages, and revised occupier status to owner until compensated. Land law – compensation to outgoing occupiers under a Special Mining Licence – proof of payment required.* Evidence – burden and adverse inference where party fails to call material witnesses or prove alleged payments.* Damages – distinction between general and special damages; special damages must be specifically pleaded and strictly proved.* Revisionary powers – correction of tribunal’s characterization of party’s title where order is inconsistent with pleadings and evidence.	12 May 2022
Julius Philibert Shadrack vs The Board of Pamba Secondary School & Othrers (Civil Appeal 484 of 2021) [2022] TZCA 274 (12 May 2022) An appeal against refusal to extend time for judicial review is incompetent without leave and is struck out with costs. Appellate jurisdiction — s.5(1)(c) AJA — refusal to extend time for judicial review requires leave; appeal without leave incompetent; Registrar cannot grant leave; appeal struck out with costs.	12 May 2022
Juma Kana & Another vs Fita Tabu (Civil Appeal 162 of 2018) [2022] TZCA 273 (12 May 2022) High Court wrongly found appellants' document forged; appeal allowed and High Court decision set aside. Evidence — Documentary evidence — Allegation of forgery — Comparison of original and carbon copy — Primary Courts: applicable rules of evidence — appellate interference where lower courts' findings are non-concurrent and there is misapprehension of evidence.	12 May 2022
Oscar John Bosco @ Jacob & Another vs Republic (Criminal Appeal 140 of 2018) [2022] TZCA 279 (12 May 2022) Applicant's armed-robbery convictions upheld on recent-possession and firearm evidence despite expunged statements. Criminal law – Armed robbery – Visual identification at night – unreliable identification evidence; Cautioned and extra-judicial statements – improperly admitted and not read out – expunged; Doctrine of recent possession – recovered motorcycle and mobile phone shortly after theft – presumption of guilty where items refer to charged offence; Possession of firearm as corroboration of robbery at gunpoint.	12 May 2022
Warioba Mwita vs Republic (Criminal Appeal 242 of 2018) [2022] TZCA 280 (12 May 2022) High Court lacked jurisdiction without mandatory committal; conviction quashed and matter remitted for proper committal and trial. Criminal procedure – mandatory committal under s.246(1) CPA – absence of committal order vitiates High Court’s jurisdiction – conviction nullity – remittal for proper committal and retrial.	12 May 2022
Matata Wekwe vs Republic (Criminal Appeal 241 of 2018) [2022] TZCA 260 (11 May 2022) Recognition identification upheld; High Court’s ambiguous order corrected and appeal dismissed. Criminal law – armed robbery – identification by recognition – factors supporting reliable identification (prior acquaintance; torchlight; distance; naming suspect promptly); appellate jurisdiction – new grounds not entertained unless raised in first appellate court; correction of ambiguous High Court judgment under s.4(2) AJA.	11 May 2022
Marwa Chacha @ Nyaisure vs Republic (Criminal Appeal 243 of 2018) [2022] TZCA 253 (9 May 2022) Appellate court dismisses appeal: new factual grounds inadmissible; visual identification held reliable under Waziri criteria. Criminal law – Appeal jurisdiction – New factual grounds not previously raised before first appellate court; Visual identification – Waziri Amani factors applied (prior knowledge, time of observation, proximity, lighting); Evidence Act s.143 – credibility over number of witnesses.	9 May 2022
Mashaka Marwa vs Republic (Criminal Appeal 138 of 2018) [2022] TZCA 252 (9 May 2022) Hearing adjourned because the mandatory charge sheet was missing from an incomplete record of appeal; Registrar ordered to supply it. Criminal procedure – Record of appeal – Mandatory inclusion of charge sheet under Rule 71(2)(b) and (4) – Incomplete record renders appeal incompetent – Adjournment under Rule 38A(1) – Registrar directed to supply supplementary record; reliance on DPP v. Wambura Mahenga @ Kisiroti & 2 Others.	9 May 2022
March 2022
Chamuriho Kirenge @ Chamuriho Julius vs Republic (Criminal Appeal 597 of 2017) [2022] TZCA 98 (7 March 2022) Failure to comply with recording requirements expunged statements, but a voluntary oral confession leading to discovery sustained conviction. Criminal law – admissibility of extra-judicial statements – compliance with Chief Justice’s Guide; Cautioned statements – mandatory reading over under section 57(4) CPA; Confessions and discovery – section 31 Evidence Act; Voluntariness of oral admissions; Conviction sustained on corroborated oral confession.	7 March 2022
Karori Chogoro vs Waitihache Merengo (Civil Appeal No. 164 of 2018) [2022] TZCA 83 (1 March 2022) Tribunal proceedings conducted despite an uncomplied retrial order were void; Court quashed decisions and remitted the record to the Ward Tribunal. Civil procedure – compliance with court/Tribunal orders – orders must be complied with and not ignored.* Administrative law – functus officio – once a tribunal/court finally disposes of a matter it cannot later entertain the same cause between same parties.* Civil procedure – res subjudice doctrine – proceedings on the same matter between same parties before another forum are irregular and void.* Appellate jurisdiction – exercise of revisional powers (s.4(2) AJA) to nullify, quash and remit proceedings.* Land law – effect of Ward Tribunal retrial orders after statutory amendments limiting Ward Tribunal jurisdiction (mediation and certificate).	1 March 2022
February 2022
Fakhria Shamji vs The Registered Trustees of The Khoja Shia Ithnasheria (mza) Jamaat (Civil Appeal No. 143 of 2019) [2022] TZCA 77 (25 February 2022) Denial of the applicant's right to be heard at a mention date nullified proceedings and required remittal to the High Court. Civil procedure – preliminary objection – dismissal at "mention" date without hearing – premature and improper. Administrative law / natural justice – right to be heard – failure to hear parties renders decision a nullity. Remedy – remittal of record to trial court to proceed from point before procedural nullity; costs in due course.	25 February 2022
Juma Gulaka & Others vs Republic (Criminal Appeal No. 585 of 2017) [2022] TZCA 79 (25 February 2022) Failure to take plea before a High Court trial with assessors renders the trial a nullity and retrial is ordered. Criminal procedure – Arraignment and plea – requirement to take plea before trial with assessors; Criminal procedure – Assessors – selection and informing assessors occurs after plea under s.283 and s.285; Preliminary hearing – scope and non-substitution for arraignment at trial; Irregularity – failure to take plea goes to root of trial and is not curable under s.388(1); Remedy – conviction/quash and retrial ordered under revisional powers (s.4(2) AJA).	25 February 2022
Maduhu Nhandi @ Limbu vs Republic (Criminal Appeal No. 419 of 2017) [2022] TZCA 78 (25 February 2022) Conviction quashed: amended NPA s.21(1)(a) no longer creates unlawful‑entry offence and prosecution failed to prove location and possession beyond reasonable doubt. National Park Act s.21(1)(a) — post‑amendment wording does not itself create unlawful‑entry offence; Prosecution must prove accused was within statutory park boundaries (First Schedule); Exhibits not read over are irregular and may be disregarded; burden remains on prosecution to establish place and possession beyond reasonable doubt.	25 February 2022
Mantrac Tanzania Limited vs Raymond Costa (Civil Appeal 90 of 2018) [2022] TZCA 75 (25 February 2022) Applicant entitled to extension of time where delay was partly caused by defective decree and registry transfers; court erred by relying on extra-record dispatch without hearing. Limitation law – s.14(1) Law of Limitation Act – extension of time may be sought before or after expiry; defective decree – delay due to court registries; audi alteram partem – court must not rely on extra-record material without hearing parties; sufficient cause – registry delays and prompt requests for rectification may justify extension.	25 February 2022
Reginald M. Morenje vs Warda Mohamed (Civil Appeal No. 141 of 2019) [2022] TZCA 76 (25 February 2022) Second appeals require leave under section 5(1)(c) AJA; failure to obtain leave renders the appeal incompetent and it is struck out. Civil procedure – Appeals – Second appeal – Requirement of leave under section 5(1)(c) AJA – Lodging a second appeal without leave renders it incompetent and liable to be struck out. Court rules – Rules 45 and 46 – Procedure for applying for leave/ certificate to appeal.	25 February 2022
Peter Makuri vs Michael Magwega (Civil Appeal No. 107 of 2019) [2022] TZCA 54 (23 February 2022) Failure to obtain and consider assessors' written opinions vitiates Tribunal proceedings; retrial ordered. Land law — District Land and Housing Tribunal procedure — mandatory requirement for Chairman to sit with not less than two assessors and to obtain their written opinions (s.23(1),(2), s.24 Land Disputes Courts Act; Reg.19(2)). Failure to solicit, read out or consider assessors' opinions — fatal irregularity vitiating proceedings. Section 45 (substantive justice) cannot cure non-compliance with mandatory assessors' procedure. Revisional jurisdiction — quashing proceedings and ordering trial de novo where assessors' opinions are absent from record.	23 February 2022
Bonface Alistedes vs Republic (Criminal Application 6 of 2019) [2022] TZCA 56 (22 February 2022) Unexplained delay and unsupported claim of no legal assistance do not justify extension to file a review. Criminal procedure – extension of time to file review – Rule 66(1)(a) and Rule 66(3) – requirement to show "good cause" and account for each day of delay; lack of legal assistance not sufficient without evidence; need to particularise manifest error on face of record.	22 February 2022
Lazaro Mpigachai vs Republic (Criminal Appeal No. 75 of 2018) [2022] TZCA 50 (22 February 2022) Court held the appellant's appeal was timely; High Court's time-barred dismissal was erroneous and quashed. Criminal Procedure Act, s.361(1)(a),(b),(2) – computation of time for filing notice and petition of appeal – exclusion of time to obtain copies of proceedings, judgment or order – High Court's erroneous dismissal for being time-barred – restoration of appeal.	22 February 2022
Mwamvita Mziba & Others vs The Registered Trustees of Bugando Medical Center (Civil Application No 265 of 2021) [2022] TZCA 55 (22 February 2022) Applicant's prolonged delay awaiting rectified judgment did not constitute good cause to extend appeal time. Court of Appeal — Extension of time under Rule 10 — "Good cause" requirement; length and explanation of delay; rectification of typographical errors not per se excusing delay; illegality must be apparent on the face of the record to justify extension; diligence required in filing appeals.	22 February 2022
Ludovick Michael Masawe vs Samson Herman (Civil Application No/259 of 2021) [2022] TZCA 41 (21 February 2022) Extension granted due to High Court’s alleged illegality in denying leave despite unexplained delay. Civil procedure – Extension of time – Rule 10 – discretionary remedy – good cause governed by Lyamuya factors (account for delay, inordinate delay, diligence, point of law/illegality). Land law – Section 47(1) Land Disputes Courts Act – High Court’s exclusive power to grant leave to appeal from tribunal decisions; dismissal for 'want of points of law' may amount to illegality. Procedure – Respondent’s failure to file affidavit in reply precludes challenging facts at hearing.	21 February 2022