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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

6 judgments

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6 judgments

Citation	Judgment date
November 1993
Khalfan Hani Kaji vs S. M. Z. (Criminal Appeal No. 69 of 1993) [1993] TZCA 71 (25 November 1993) Conviction for theft by a public servant quashed where evidence including a contested written admission failed to prove guilt beyond reasonable doubt. Criminal law – Theft by public servant – Insufficiency of evidence; Credibility of store attendant’s testimony; Authorship and proof of alleged written admission; Conviction unsafe and must be quashed.	25 November 1993
Mkubwa Said Omar vs S. M. Z. (Criminal Appeal No. 68 of 1993) [1993] TZCA 72 (25 November 1993) Conviction based on uncorroborated accomplice evidence and procedural irregularity (s.168) was quashed; appellant released. * Criminal law – conviction based on uncorroborated accomplice evidence – need for caution and corroboration. * Criminal procedure – failure to comply with mandatory s.168 (recall of witnesses) upon change of magistrate – vitiates proceedings. * Evidence – failure to cross-examine co-accused does not amount to proof of guilt or justify shifting burden of proof. * Appellate review – adequacy of record review and reasoning required when upholding convictions.	25 November 1993
Mohamed Iddi Mjasir vs Mrs. Jayalaxmi Jayantilal Joshi (Civil Appeal No. 36 of 1993) [1993] TZCA 70 (25 November 1993) Transfer to oneself by a fiduciary without donor's consent or proof of consideration is void and appeal dismissed with costs to respondent. Property law – Transfer to oneself – Transfer of Property Decree (Cap. 150) – transfer to oneself void ab initio; fiduciary relationship and power of attorney do not permit appropriation without donor's consent; lack of consideration vitiates sale – appeal dismissed; costs to respondent.	25 November 1993
Mohamed Idrissa Mohamed vs Hashim Ayoub Jaku (Civil Appeal No. 34 of 1993) [1993] TZCA 148 (25 November 1993) Reported Contract - Contract of sale - Party fails or refuses to perform an agreement - Court can order specific performance. Court of Appeal - Appeals to the Court of Appeal originating from District Courts in Zanzibar - Whether point of law should be certified for determination by Court of Appeal- Appellate Jurisdiction Act 1979. Court of Appeal - Appeals to Court of Appeals in cases originating from District Courts in Zanzibar - Leave of the High Court is required - Appellate Jurisdiction Act 1979.	25 November 1993
Mohammed Idrissa Mohammed vs Hashim Ayoub Jaku (Civil Appeal No. 34 of 1993) [1993] TZCA 69 (25 November 1993) A seller cannot avoid specific performance by unproven clan objections or alleged non-payment; the valid sale must be enforced. Property law – Specific performance – Seller’s defence based on customary/clan objections and ancestral graves – evidentiary burden to prove lawful impediment to sale – seller’s repudiation in favour of higher-priced third-party sale – obligation to execute Deed of Sale.	25 November 1993
February 1993
Seif Sharif Hamad vs S.M.Z (Criminal Appeal No. 171 of 1992) [1993] TZCA 62 (24 February 1993) Court allowed appeal: National Security Act may extend to Zanzibar; prosecutions require proper Zanzibar public‑officer consent; DPP may act if delegated. • Constitutional law — Union and Zanzibar constitutions — construction of Union statutes in light of constitutional amendments (Fifth Constitutional Amendment Act, 1984). • Constitutional conflict — whether Zanzibar Constitution Article 131(2) renders Union security legislation inapplicable. • Criminal procedure — locus of authority to give consent to prosecute in the High Court of Zanzibar; role of Attorney‑General of Zanzibar and Director of Public Prosecutions; consequences of absent consent (nullity). • Legislative procedure — difference between tabling legislation in the Zanzibar House of Representatives and formal enactment under Union/Zanzibar constitutional framework.	24 February 1993

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