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.
14 judgments

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14 judgments
Citation
Judgment date
December 2007
Applicant’s unexplained post-issuance delay in prosecuting appeal did not justify extension of time.
Civil procedure — extension of time to appeal — delay after receipt of appeal documents — sufficiency of grounds; Alleged judicial or registrar misdirection — not excusing delay where applicant had legal representation; Application of Order XV r.9 and Order 51 r.1(g) — irrelevant to extension; Court struck-out earlier notice under Rule 84(a) — functus officio.
12 December 2007
Delay in filing appeal despite timely provision of appeal documents does not justify extension of time without sufficient cause.
Civil procedure – Extension of time to file appeal – Sufficient cause – Applicant’s diligence and receipt of appeal documents – Misadvice by court or registrar – relevance of Order XV Rule 9 – Effect of striking out notice under Rule 84(a).
12 December 2007
Bills of lading fixed the port of discharge as Zanzibar; carrier liable for delays beyond contract and damages/interest adjusted.
* Maritime law – contract of carriage – bills of lading as primary evidence of port of discharge; * Carriage – stopover by carrier is a management decision and costs/delays at stopover do not bind consignee if outside contract; * Damages for late delivery – where goods intended for sale, consignee may recover a reasonable percentage of market value when specific proof lacking; * Interest – court's discretion to award interest must be reasoned and can be adjusted in absence of guideline rates; * Costs – normally follow the event; appellate adjustment where appeal partly succeeds.
12 December 2007
Matrimonial causes are suits for appellate purposes; appeals lie as of right and a record is sufficient if core proceedings are not material.
* Appellate jurisdiction – matrimonial causes constitute suits for purposes of Appellate Jurisdiction Act s.5(1)(a) – leave to appeal not required. * Procedure – Civil Procedure Decree and Matrimonial Decree govern matrimonial proceedings in Zanzibar (s.24, s.32). * Civil procedure – completeness of record under Rule 89(1) – proceedings need be included only if they are core to the decision; foreign judgment reliance can render them immaterial. * Costs – personal costs against advocate require proof of negligence or misconduct; matrimonial disputes ordinarily avoid punitive costs orders.
12 December 2007
Insurer failed to prove breach of utmost good faith; depreciation-based valuation did not defeat insured's stated market value.
Insurance law – Utmost good faith (uberrimae fidei) – Non‑disclosure of material facts – Valuation of insured vehicle – Expert depreciation opinion versus insured's asserted market value – Trial judge's discretion to accept or reject expert opinion.
12 December 2007
A Resident Magistrate with extended jurisdiction cannot sit as the High Court; such proceedings are null and must be quashed.
* Constitutional and judicial administration - Limits of extended jurisdiction - A Resident Magistrate with extended jurisdiction is not a judge or acting judge of the High Court and cannot sit "as the High Court". * Civil procedure - Nullity of proceedings - Proceedings and decrees purporting to be of the High Court but heard by a magistrate without proper judicial status are nullities. * Remedies - Full Court power - The Full Court may quash null proceedings and order a de novo hearing; transferred matters must be re‑registered and renumbered.
12 December 2007
The applicant succeeded: proceedings before a Resident Magistrate purporting to be High Court were nullified and set aside.
* Constitutional and procedural law – Resident/Regional Magistrate with extended jurisdiction – cannot sit as High Court judge – proceedings purportedly of High Court heard by such magistrate are nullity. * Remedy – full Court (appeal or revision) may quash invalid High Court proceedings; single judge may strike out but lacks power to nullify. * Procedure – transferred matters should be re-registered in subordinate court registry with new number.
12 December 2007
Out‑of‑time leave, omitted trial decree and failure to serve application letters rendered the appeal incompetent; appeal struck out with costs.
Civil procedure — appeals — compliance with Court of Appeal Rules — time for instituting appeal and proviso to Rule 83(1); record of appeal — necessity of trial court decree under Rule 89(2); leave to appeal — Rule 43(a) and effect of out-of-time application; functus officio — effect of filed notice of appeal; advocate liability — Rule 116.
11 December 2007
Appellants awarded additional unpaid maternity leave; new claims on appeal disallowed for lack of pleadings or evidence.
Employment law — domestic servants — maternity leave entitlement; appellate procedure — inadmissibility of new claims on appeal not pleaded or evidenced in trial court; acknowledgment of payment does not bar corrective award for underpayment.
11 December 2007
A second appeal from the High Court requires leave; failure to obtain leave renders a notice of appeal incompetent and may be struck out.
Appellate procedure – Second appeal from High Court acting in appellate jurisdiction – Requirement of leave under s.5(1)(c) Appellate Jurisdiction Act, 1979 – Rule 82 Court of Appeal Rules 1979 – Failure to take essential procedural step – Notice of appeal struck out – Ignorance no excuse.
6 December 2007
Court overruled respondent’s procedural objections and allowed the applicant’s leave application to proceed.
Civil procedure – preliminary objection – applicability of arbitration review provisions – extension of time to review a judicial order declining to set aside an arbitral award – appealability with leave – amendment of process under Rule 18 – substantial justice over procedural technicalities.
4 December 2007
November 2007
Appeal dismissed for late memorandum; prisoner must comply with Rule 68(1) and prove reasons for delay.
Criminal appeal — delay in filing memorandum of appeal — Court of Appeal Rules 65(1) and 65(5) — discretion to set appeal for hearing only where sound reasons shown — Rule 68(1) compliance by prisoners (notice plus particulars) required — need for affidavit or proof when alleging prison authorities caused delay.
29 November 2007
June 2007
Conviction cannot rest on the accused’s disobedience absent evidence proving the charged offence beyond reasonable doubt.
Criminal law – proof beyond reasonable doubt; variance between charge and evidence; circumstantial evidence and irresistible inference; failure to call material witness (garage owner); conviction cannot rest on accused’s misconduct or disobedience alone.
22 June 2007
Appeal dismissed: recent possession and inconsistent defence supported conviction for housebreaking and theft; sentence upheld.
* Criminal law – Housebreaking and theft – Burglary of a room with broken padlock and ransacked contents; * Evidence – Recent possession of stolen property as evidence of guilt where accused’s explanation is disproved; * Credibility – contradictions between trial defence and appeal memorandum as undermining defence; * Sentence – appellate interference not warranted where sentence is reasonable in circumstances.
15 June 2007