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.
7 judgments

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7 judgments
Citation
Judgment date
November 1994

Civil Practice and Procedure - Affidavits- Affidavit lacking verification and not disclosing source of deponent’s knowledge and information - Whether valid.

28 November 1994
Court set aside Kadhi's judgment and statutory declaration for lack of jurisdiction and fraud in a property claim.
* Jurisdiction — Kadhi's Courts — limited to Muslim personal law (status, marriage, divorce, inheritance) — secular property title disputes not within Kadhi's jurisdiction. * Fraud on the court — judgment obtained by forged document is void ab initio. * Evidence of forgery — deceased seller predeceased alleged sale; postage stamps post‑date alleged execution. * Appellate power — Court of Appeal may step into High Court's shoes (Appellate Jurisdiction Act) where matter is not one of Islamic law and review is required. * Statutory declaration based on a fraudulently obtained judgment may be cancelled.
28 November 1994
Leave to appeal dismissed for procedural non-compliance and for being filed out of time, with costs.
Court of Appeal Rules 1979 — Rule 46(3) (requirement to attach High Court decision and order) — Rule 43(b) (time limit to apply for leave) — Rule 3(1) (discretion to relax procedural rules) — procedural compliance and consequences of filing out of time; misleading statements to court; costs ordered.
28 November 1994
July 1994
Alleged fraud did not defer limitation; suit filed ten years after registration cancellation was time-barred.
* Civil procedure – preliminary objection on limitation – preliminary objections properly heard before framing issues; * Limitation law – computation of limitation – cancellation of registration as commencement date; * Limitation law – s.18 (fraud) – fraud postponement requires evidence that fraud prevented knowledge of the right; * Appeals – service of notice of appeal – court dispatch records and Rule 3(1) discretion to regularise service.
5 July 1994
May 1994
Reported

Court of Appeal Rules - Application to strike out a notice of appeal for failure to institute the appeal in time - Whether lack of money is a defence.

13 May 1994
Reported

Evidence - Evidence of a spouse - Failure to warn oneself on evidence from a spouse.
Evidence - Credibility of- Witnesses - Whether appellate court can assess credibility of witnesses

13 May 1994
April 1994
Appellate court upheld trial magistrate’s finding that an inherited house was demolished and a new house built and sold, dismissing appellant’s ownership claim.
Land and title dispute – succession inheritance of house – demolition and rebuilding – credibility of witnesses – municipal records and building permits – sale of newly built house; appellate deference to trial court’s findings of fact.
13 April 1994