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.
4 judgments

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4 judgments
Citation
Judgment date
December 1999
Appeal struck out due to time-barred application for leave, lacking legal basis for document attachment delay.

Civil Procedure - Time limits for filing appeals - necessity of attaching court decision to appeal application - concurrent jurisdiction in granting leave to appeal.

13 December 1999

(From the Judgment ofthe High Court ofZanzibar at Vuga, Dourado, J., in Sessions Case No. 2 of 1998 dated 23 March 1999) Criminal Practice andProcedure - Transfer ofCases - Whether the ChiefJustice can transfer a partly heard case from one judge to another - Section 13 ofthe High Court Act Number 2 of 1985. Criminal Practice and Procedure - Bias - Allegations ofbias against a Judge - Such allegations not to be taken lightly

13 December 1999
Application for stay struck out where no notice of appeal was filed against the ruling sought to be stayed.
Civil procedure — Stay of execution — Court of Appeal may grant stay only where a proper notice of appeal has been lodged (Rule 9(2)(b)) — Notice of appeal against substantive judgment does not validate an application to stay an intervening ruling refusing a stay — Application incompetent and struck out.
3 December 1999
Applicant’s motion to strike respondents’ appeal granted where record was served out of time without leave; appeal struck out and costs awarded.
* Civil procedure – appeal procedure – service of record of appeal – Rule 90 requirement to serve copy within seven days – failure to obtain leave to serve out of time – Rule 82 sanction of striking out. * Adequacy of explanation for late service – need for corroboration and for seeking extension of time. * Court will not extend time in absence of application; public importance irrelevant without such an application. * Costs awarded to successful applicant and to respondent affected by abandoned prayer.
2 December 1999