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
December 2000
Laemthong Rice Co. LTD (By their Agent Ajar Patel) v Principal Secretary Ministry Of Finance (Civil Appeal no. 91 of 1998) [2000] TZCA 56 (18 December 2000) A trial court cannot revoke and replace an ex‑parte decree to allow parties to renegotiate its amount. Civil procedure Ex‑parte judgment Lawfulness of revocation and replacement; prohibition on renegotiating decree quantum; Limitation acknowledgement coupled with promise to pay restarts limitation; Appeal leave may be granted suo motu; Advocacy ethics improper for party/agent to act as advocate and witness.	18 December 2000
Laemthong Rice Company Ltd v Principal Secretary, Ministry of Finance (Civil Appeal No. 91 of 1998) [2000] TZCA 117 (18 December 2000) (From the Ruling of the High Court of Zanzibar at Vuga, Dourado, J., dated 26 August 1998, in Miscellaneous Civil Application No. 2 of 1997) Appeals - Leave to appeal - Whether leave to appeal may be granted by the court suo motu. Civil Practice and Procedure - Correction of Errors -Errors committed by parties in drawing up documents - Whether section 130 of the Civil Procedure Decree applies to the correction of such errors - Procedure to follow in rendering corrections. Court of Appeal Rules - Rule 43(a) of the Court ofAppeal Rules providing for mode ofapplyingfor leave to appeal - Whether the rule makes it necessary to apply for leave to appeal - Whether overrides or adds to section 5(l)(c) of the Appellate Jurisdiction Act 1979 - Whether a judge can grant leave B to appeal suo motu. Limitation - Acknowledgment of time-barred debt and promise to pay it - Whether may give rise to a fresh period of limitation - Sections 19 and 29(a) of the Limitation Decree and section 25 of the Contract Decree. Contract - Acknowledgment of time-barred debt with promise to pay - Whether may give rise to a fresh period of limitation - Section 25 ofthe Contract Decree Chapter 149. Civil Practice and Procedure - Judge revokes and replaces his ex parte judgment - Whether proper for a judge to do so - Principle of functus officio. Civil Practice and Procedure - Decrees - Parties re-negotiate the court’s decree - Whether there is any legal basis or precedent for such re-negotiation.Civil Practice and Procedure - Litigant doubling as counsel for himself- Whether accords with accepted practice	18 December 2000
November 2000
SMZ v Ali and Others (Criminal Application No. 8 of 2000) [2000] TZCA 114 (21 November 2000) From the Ruling ofthe High Court of Zanzibar at Vuga, Tumaka, Deputy C.J., dated 3 April 2000, in Sessions No.7 of 1999, Constitutional Law - Sovereignty - Union of Tanganyika and Zanzibar to form the United Republic of Tanzania - Whether the constituent parts of the union retained their sovereign status. Criminal Law - Treason - Whether the offence of Treason can be committed against the Revolutionary Government of Zanzibar. International Law - Sovereignty - United Republic of Tanzania — Zanzibar and Tanganyika uniting to form the United Republic of Tanzania — Effect on sovereignty of the parties.	21 November 2000
S. M. Z. vs Machano Khamis Ali and 17 Others (Criminal Application 8 of 2000) [2000] TZCA 22 (21 November 2000) Reported Treason requires allegiance to a sovereign; Zanzibar is not sovereign, so treason is a Union matter against the United Republic. Constitutional law – Union of Tanganyika and Zanzibar – Statehood and sovereignty – Treason requires allegiance to a sovereign – Security is a Union matter – Treason can be committed only against the United Republic, not the Revolutionary Government of Zanzibar.	21 November 2000
April 2000
Mosi and Another v Seif and Another (Civil Reference No. 19 of 1997) [2000] TZCA 94 (11 April 2000) (From the ruling ofa single Judge ofthe Court of Appeal of Tanzania at Zanzibar, Ramadhani, JA dated 1 July 1997) Q Civil Practice and Procedure — Appeals to the Court of Appeal from District Courts in Zanzibar — Whether point of law should be certified for determination by the Court of Appeal - Section 5 of the Appellate Jurisdiction Act 1979	11 April 2000
January 2000
Rashd Abdulla Rashid El Sinani and Another vs Mussa Haji Kombo and Another (Znz Civil Application No. 6 of 1998) [2000] TZCA 65 (26 January 2000) A power of attorney does not entitle an advocate to act without separate instructions; application struck out as incompetent. * Civil procedure – preliminary objection – capacity and locus to sue – effect of wrongly cited or non-existent applicant; * Powers of attorney – registration under Registration of Documents Decree – compulsory registration limited to immovable property; * Advocacy – distinction between donee of power of attorney and advocate’s independent instructions; * Competence of application – lack of advocate’s instructions renders application incompetent.	26 January 2000