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
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
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