Skip to document content Skip to main menu Skip to search

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.
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-coa
6 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Labels
  • Outcomes
  • Topics
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
October 2001
Juma Muhidini Juma vs S.M.Z (Criminal Appeal No. 2 of 2000) [2001] TZCA 57 (24 October 2001)
Conviction for manslaughter quashed where prosecution failed to prove negligence beyond reasonable doubt and trial judge relied on untendered statement.
Criminal law – Manslaughter – Safety of conviction where information may be duplicitous; evidentiary sufficiency on vehicle defects (brakes); burden of proof; admissibility and weight of uncautioned pre‑trial statements; contributory negligence and events organisation affecting criminal liability; necessity (or not) of expert speed reconstruction.
 24 October 2001
Wakf and Trust Commissioner (as Administrator of the Estate of the late Zawadi Bint Said vs Abbass Fadhili Abbass and Another (Civil Appeal No. 11 of 2001) [2001] TZCA 122 (24 October 2001)
Reported

Civil Practice and Procedure - Jurisdiction - When the issue of jurisdiction
may be raised - Whether the issue of jurisdiction may be raised at the
stage of appeal .
Civil Practice and Procedure - Originating Summons - Matter preferred in
Regional Magistrate’s Court by Originating Summons — Whether the
Regional Magistrate's Court has jurisdiction to hear matter preferred by 
Originating Summons.

 24 October 2001
Editor, Majira Newspaper and 2 Others vs Zuberi Juma Mzee (Civil Reference No 15 of 1999) [2001] TZCA 108 (23 October 2001)
Court upheld striking out an untimely served appeal; no sufficient public-law issue justified extension.
Court of Appeal – Civil procedure: service of record of appeal under Rule 90(1) – failure to serve within prescribed time; extension of time – discretion under Rule 3(1) and prejudice to respondent; striking out appeals for failure to take essential procedural step; defamation law – liability for republication and conversion of slander to libel.
 23 October 2001
Jaftari Sanya Jussa and Another vs Saleh Sadiq Osman (Civil Appeal No. 54 of 1997) [2001] TZCA 65 (2 October 2001)
An appellant must first seek to set aside an ex parte High Court decree before prosecuting an appeal; simultaneous proceedings are irregular.
* Civil procedure – ex parte decree – setting aside an ex parte judgment – Rule 14 and section 5(1)(a) Appellate Jurisdiction Act – procedural sequence: High Court application first, appeal thereafter. * Appellate procedure – effect of lodging notice of appeal – does not generally oust High Court jurisdiction. * Authority – Aero Helicopter decision held of limited application, not a universal bar on High Court proceedings once appeal lodged.
 2 October 2001
August 2001
Arusha Duluti Ltd vs The Hon. Commissioner for Land and Human Settlements Development and Another (Misc. Civil Application No. 7 of 2001) [2001] TZCA 104 (3 August 2001)
Court granted interlocutory injunction preserving status quo pending trial on contested land-title revocation.
Temporary injunction – preservation of status quo pending trial; interlocutory relief against government; preliminary objection as to competence of injunction under statute; requirements for injunctive relief: serious question to be tried, balance of convenience, risk of irreparable harm.
 3 August 2001
January 2001
Gharib Abdallah Juma vs Kay Mlinga (Civil Appeal No. 10 of 2001) [2001] TZCA 62 (1 January 2001)
Reported
Foreign marriage settlement created interests but Zanzibar law bars non-Zanzibaris from owning land, so monetary compensation ordered.

Conflict of laws – recognition and admissibility of foreign (Danish) marriage settlement; community of property – effect on pre-marriage and foreign assets; lex situs – immovable property governed by local law; Zanzibar land law – s.8(1) Land Tenure Act restricting land ownership to Zanzibaris; remedy – monetary compensation where legal title cannot be conferred; registration (Cap. 99) inapplicable to foreign-executed documents.

 1 January 2001