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 judgments

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2 judgments
Citation
Judgment date
December 1990
Court refused to dismiss appeal for absent/inadequate representation, granted a single adjournment and ordered appellants to pay respondents' wasted costs.
* Civil procedure – Counsel withdrawal and party representation – failure of instructed representative to communicate – application for dismissal under Court of Appeal Rules, 1979 rule 105 – discretion to dismiss versus grant of adjournment. * Costs – wasted costs occasioned by an abortive hearing – obligation of appellants to pay respondents' travelling and incidental expenses. * Court discretion – balancing injustice to absent appellants residing abroad against inconvenience to Court and respondents.
4 December 1990
April 1990
Court finds appellant made sufficient payments and relied on respondents to procure transfer; appeal allowed and Regional Court order for delivery of Title Deed restored.
Property — equitable ownership — whether payments and conduct of parties established appellant’s equitable right to land and title despite registered possession by respondents; evaluation of credibility of witnesses and documentary evidence (branch minutes, third‑party testimony).
23 April 1990