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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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https://jmap.judiciary.go.tz/jmap/jmap-coa
11 judgments
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11 judgments
Citation
Judgment date
December 2018
Amina Karim Jetha vs Wakf and Trust Property Commission (administrator of The Late Ali Salm Ali) (Civil Application No. 511 of 2018) [2018] TZCA 324 (14 December 2018)
Stay application timely but struck out for defective documents; leave granted to refile within fourteen days.
Court of Appeal — stay of execution — Rule 11(4) timing — service of notice triggers 14-day limit; defective application papers — incorrect reference to "judgment and decree" vs "ruling and drawn order" — incompetence and striking out; discretion to grant leave to refile; costs awarded to respondent.
 14 December 2018
Bashiru Rashid Omar vs Director of Public Prosecutions (Criminal Appeal No. 309 of 2017) [2018] TZCA 325 (14 December 2018)
Accused failed to prove legal insanity; expert report properly discounted and conviction and death sentence affirmed.
Criminal law — Insanity defence — Burden on accused to prove insanity on balance of probabilities; expert psychiatric evidence not binding and may be discounted where methodology, timing or reasoning are inadequate; judicial assessment must consider totality of evidence including conduct before and after offence and surrounding circumstances.
 14 December 2018
Director of Public Prosecutions vs Salim Sharif Ibrahim & Others (Criminal Appeal No. 80 of 2018) [2018] TZCA 329 (14 December 2018)
A notice of appeal that fails to state accurately the substance of the trial court’s ruling is defective and struck out.
Appeals — Notice of appeal — Rule 68(1) & (2) of the Tanzania Court of Appeal Rules — mandatory requirement to state briefly the nature/substance of the impugned order or ruling — failure to accurately describe the trial court’s decision renders the notice defective and incompetent; competency of appeal; appellate procedure.
 14 December 2018
Mohamed Suleiman Mohamed vs Amne Salum Mohamed & Others (Civil Appeal No. 142 of 2017) [2018] TZCA 333 (14 December 2018)
An appeal with a defective decree and missing essential records is incompetent; struck out with leave to refile within 60 days.
Court of Appeal procedure – Record of appeal – Requirement for a copy of the decree (Rule 96(1)(h)) – Appeals from High Court in appellate jurisdiction – mandatory documents (Rule 96(2)) – Defective decree and omitted rulings render appeal incompetent – Invocation of Rule 4(2)(b) and section 3A Appellate Jurisdiction Act to strike out with leave to refile.
 14 December 2018
Zanzibar University vs Abdi A. Mwendambo & Others (Civil Application No. 92 of 2018) [2018] TZCA 336 (14 December 2018)
Court granted stay of execution pending appeal after finding the applicant met Rule 11(5)’s cumulative requirements, including security.
Stay of execution – Court of Appeal Rules, Rule 11(5) – cumulative requirements: substantial loss, no unreasonable delay, provision of security – notice of appeal timing – deposit of bank guarantee pending appeal.
 14 December 2018
Zuber Nassoro Mohd vs Mkurugenzi Mkuu Shirika La Bandari Zanzibar (Civil Application 93 of 2018) [2018] TZCA 337 (14 December 2018)
Application for extension denied: applicant failed to show sufficient cause, produced no evidence, and did not particularize alleged illegality.
Civil procedure – extension of time – Rule 10 – discretion to extend time and requirement to show sufficient cause. Extension of time – requirement to account for every day of delay and produce supporting evidence (e.g., police reports, affidavits)
Illegality – alleged illegality may justify extension only if clearly identified and explained. Applicability of amended rules – Rule 45A inapplicable where timeline and publication do not permit
 14 December 2018
Attorney General Zanzibar vs Jaku Hashim Ayoub & Another (Civil Application No. 385 of 2018) [2018] TZCA 335 (13 December 2018)
Failure to furnish security under Rule 11(5)(c) defeats an application for stay of execution; application struck out with no costs.
• Civil procedure – Stay of execution – Requirement under Rule 11(5) of the Tanzania Court of Appeal Rules to give security for due performance – Mandatory cumulative conditions for granting stay – Failure to comply warrants striking out application.
 13 December 2018
Director of Public Prosecutions vs Said Saleh Ali (Criminal Appeal No. 476 of 2017) [2018] TZCA 328 (13 December 2018)
Order for written submissions on preliminary objection and application did not deny right to be heard; appeal dismissed.
Civil procedure – Notice of appeal – Rule 68(2) – necessity to state nature of order, finding or ruling appealed against. Constitutional law – Right to be heard – Article 13(6)(a)/Article 12(6)(a) – written submissions as opportunity to be heard. Civil procedure – Preliminary objection – hearing and determination together with substantive application by written submissions permissible in appropriate cases. Appellate practice – premature appeal – appeal lodged before ruling may be unfounded
 13 December 2018
Mohamed Haji Ali vs Director of Public Prosecutions (Criminal Appeal No. 225 of 2016) [2018] TZCA 332 (13 December 2018)
Court upheld rape conviction despite minor witness inconsistencies and enhanced sentence due to familial relationship.
Criminal law – rape – credibility of prosecutrix; minor versus material inconsistencies; identification at night involving a known person; delayed medical (PF3) evidence is corroborative only; victim's testimony can suffice to prove rape.
 13 December 2018
Saleh Abdi Mohamed vs Katibu Wa Baraza La Mapinduzi & Another (Civil Application No. 384 of 2018) [2018] TZCA 334 (11 December 2018)
Application to strike out notice of appeal for failure to take essential steps was dismissed; respondents had applied for required documents.
Appeal procedure — Striking out notice of appeal under Rule 89(2) — "essential steps" to prosecute appeal — Application for certified copies of proceedings, judgment and decree under Rule 90 — Reminder to Registrar not a legal precondition.
 11 December 2018
Khamis Abdul Wahab Mahmoud vs Director of Public Prosecutions (Criminal Appeal No. 496 of 2017) [2018] TZCA 331 (6 December 2018)
Inadequate summing up to assessors on vital points vitiated the trial; conviction quashed and retrial ordered.
Criminal procedure – Assessors – Duty to sum up to assessors on all vital points (ingredients of offence, malice aforethought, identification and circumstantial evidence) – Failure to properly direct assessors renders trial a nullity – Revisionary power to quash proceedings and order retrial de novo.
 6 December 2018