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
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
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