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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
July 2002
Meneja Mkuu Z.S.T.C vs Venance Oswald Kiboko (Civil Appeal No. 16 of 1999) [2002] TZCA 28 (19 July 2002)
Appeal dismissed: court upheld breach of oral agreement and that designer retained copyright, awarding damages.
* Intellectual Property – Copyright – Whether copyright in commissioned box and label designs vested in commissioner or remained with designer – applicability of Copyright Act 1956 to Zanzibar and scope of s.4(3). * Contract – oral commission and breach – entitlement to damages where designer paid for production but not for assignment of copyright. * Evidence – assessment of credibility and effect of exhibits showing production payments.
 19 July 2002
Suma Limited vs One Earth (Zanzibar) Limited (Civil Appeal No. 8 of 2002) [2002] TZCA 70 (19 July 2002)
An appeal missing mandatory record documents and containing defective orders is incompetent and may be struck out despite late objection.
Civil procedure — Appeal — Record of appeal — Rule 89 mandatory contents (pleadings, decree/order appealed, order granting leave) — Defective extracted orders — Appeal incompetent; Civil procedure — Preliminary objection — Rule 100 reasonable notice — Court's discretion to adjourn rather than automatically overrule late objection.
 19 July 2002
May 2002
Seif Ameir Mohamed vs Haiba Khamis Soud (Civil Appeal No. 4 of 2002) [2002] TZCA 39 (10 May 2002)
High Court erred in entertaining improperly pleaded preliminary points; proceedings quashed and appeal remitted for hearing on merits.
Civil procedure — Appeals to High Court — Improper use of 'preliminary points' akin to Court of Appeal Rule 100 — No equivalent under Civil Procedure Decree; procedural irregularity vitiates subsequent rulings; remedy: quash and remit for hearing on merits.
 10 May 2002
April 2002
Juma v Mlinga (Civil Appeal No. 10 of 2001) [2002] TZCA 83 (11 April 2002)

Contract - Validity and enforceability - Agreement entered into in a foreign jurisdiction — Whether the agreement is valid and enforceable in Zanzibar.

Family Law - Marriage Settlement agreement - Marriage settlement agreement executed in Denmark and not registered in Zanzibar but giving a spouse an interest in the other spouse's landed properties in Zanzibar - Whether the marriage settlement is valid and enforceable in Zanzibar.

_ Conflict of Laws — Right to property - Right to own land in Zanzibar - Whether a Tanzanian who is not a Zanzibari may own land in Zanzibar — Section 24 of the Constitution of the United Republic of Tanzania and section 8(1) of the [Zanzibar] Land Tenure Act 1992 Number 12 of 1992.

 11 April 2002
February 2002
Executive Secretary Wakf and Trust Commission Zanzibar vs Hemed Abdalla Hemed and Others (Civil Appeal No. 13 of 2000) [2002] TZCA 38 (27 February 2002)
Court quashed judicial leave to sell wakf property, nullified the sale and required ministerial approval under Cap.103.
Wakf property – Disposal of wakf land – Jurisdiction to grant leave – Section 4, Wakf Property Decree (Cap. 103) vests power in Minister – Court’s lack of authority to grant leave – Revisionary powers under Appellate Jurisdiction Act to quash illegal orders – Nullification of sale.
 27 February 2002
Mohamed Salum and Another vs Fereji Mbarak by his Attorney Mohamed Khatibu (Civil Appeal No. 52 of 1999) [2002] TZCA 22 (27 February 2002)
Procedural lapses in pauper leave and failure to plead a defence did not vitiate a partly successful claim; appeal dismissed.
* Civil procedure – pauper leave to sue – requirement that court be satisfied of poverty and reasonable cause of action – omission to consider reasonable cause not fatal where cause of action shown by evidence. * Civil procedure – pleadings and counter-claims – Order VIII rules on replies and defences; failure to file a reply does not automatically grant judgment on a counter-claim absent proof. * Trial judgment – apparent contradiction where plaintiff said to have failed to prove case yet awarded part of claim explained as language issue; partial success permissible where some claims uncontroverted.
 27 February 2002