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
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

(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