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
August 1996
A tribunal’s decision is void where members of the deciding panel did not hear the whole evidence and voting is not recorded.
* Administrative law – natural justice – tribunal members who decide must have heard all the evidence – coram changes vitiating decision; * Procedural requirements – requirement that decision be by majority of members present and voting – failure to record votes undermines validity; * Legality of tribunal – potential expiry of members’ tenure may cast doubt on decision.
7 August 1996
June 1996
Magistrate had no statutory power to convert criminal charges into civil proceedings; High Court rightly restored prosecution.
Criminal procedure — Magistrate’s power to convert criminal to civil proceedings — No general power; only permitted after hearing, on withdrawal (s.172) or nolle prosequi (s.75) — Company law — Separate legal personality — Director/shareholder may be criminally liable to company.
12 June 1996