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 2008
Court declared High Court proceedings a nullity for dismissing suit without addressing preliminary objections or hearing parties.
Civil procedure – Preliminary objection – Locus standi – Trial judge’s failure to hear parties and decide preliminary objections – Proceedings declared nullity – Ruling and orders set aside and file remitted.
2 December 2008
Reported
High Court orders set aside as nullity for failing to hear parties and to decide pre-filed preliminary objections.
Civil procedure — Preliminary objections; locus standi — failure to address objections and to hear parties — procedural irregularity — nullity of proceedings; appellate revisional powers — setting aside rulings and remitting matter for proper determination.
2 December 2008
November 2008
Reported
Leave to appeal refused where intended appeal lacked reasonable prospects on the critical evidential issue.
* Appellate procedure – leave to appeal – requirement that intended appeal have some merit or reasonable prospects of success before leave is granted; * Evidence – appellate interference in findings of fact and credibility limited where intended appeal is primarily evidential; * Civil procedure – execution to proceed where leave to appeal is refused.
28 November 2008
Reported
Leave to appeal refused because the intended appeal lacks reasonable prospects on the evidential issue of indebtedness.
* Appellate procedure – leave to appeal – requirement that intended appeal have reasonable prospects of success before leave is granted. * Evidence – indebtedness – sufficiency of oral evidence versus absence of documentary proof. * Execution – refusal of leave permits execution to proceed.
28 November 2008
Reported
Leave to appeal refused where the intended appeal lacked reasonable prospects on a central evidential issue.
Appellate procedure — Leave to appeal — Granting leave only where intended appeal has reasonable prospects; evidential disputes and balance of probabilities; refusal of leave where central issue is credibility and lower courts’ findings stand.
28 November 2008
Proceedings and ruling by a magistrate improperly acting as High Court were a nullity; application struck out, costs to each party.
Jurisdiction — Regional Magistrate with extended jurisdiction — Improperly purporting to sit as High Court — proceedings and ruling nullity; Appeal procedure — no appeal/leave against a nullity; Remedies — revision to expunge invalid proceedings; Procedural competence — Court of Appeal single judge lacks power to substitute proper appellate/revisional procedure.
27 November 2008
Reported
Appellate court affirms conviction for unlawful firearm possession based on credible witness and ballistic evidence; appeal dismissed.
* Criminal law – unlawful possession of firearm and ammunition – sections 4(1) & 34(2) Arms and Ammunition Act * Evidence – credibility of arrest/searching witnesses; corroboration by ballistic expert * Evidence – identity/chain of custody of exhibit and material discrepancies * Appellate procedure – scope and limits of second appeals on findings of fact
27 November 2008
25 November 2008
The appellant's failure to comply with appeal procedure and an invalid supplementary delay certificate rendered the appeal incompetent.
Civil procedure — Appeal competence; Rule 77(1) mandatory service of notice of appeal — failure fatal; Rule 83(1) institution period and registrar's certificate of delay — only one valid; supplementary certificate of delay invalid; trial court lacks jurisdiction to extend time after notice filed; appeal struck out.
24 November 2008
Reported
Conviction quashed due to unexplained chain-of-custody gaps creating a real possibility of exhibit tampering.
Criminal law – unlawful possession of drugs; chain of custody – continuity and record of exhibit handling; Police General Orders on exhibit records; appellate review of findings of fact; police witness competence and no rule requiring corroboration; illegality of reducing statutory minimum sentence.
24 November 2008
Neither party had title because offers were invalidly executed; appellant as squatter was not entitled to compensation.
* Land law – validity of grants of rights of occupancy – statutory execution and delegation under the Land Tenure Act (s.9(2)) – offers void if not executed by Minister or authorized Director. * Administrative act – revocation of grant – revocation signed by Commission official invalid if no proper delegation. * Remedies – squatter status and entitlement to compensation for demolished improvements.
20 November 2008
September 2008
Accused acquitted of murder but convicted of manslaughter due to insufficient proof of intent to kill.
Criminal law – Homicide: murder requires both actus reus and mens rea (intent to kill or cause grievous bodily harm); eyewitness and post-mortem evidence can establish causation; absence of proven intent may reduce charge to manslaughter; split assessors’ opinions are advisory and judge may resolve inconsistencies.
18 September 2008
May 2008
A routine transfer influenced by an internal inquiry was validly effected by the Civil Service Department; no hearing required.
Administrative law – employment – transfer of civil servant – effect of internal investigative committee recommendations – reliance on a report not tabled before the legislature – authority of Civil Service Department under Rule 33 – de facto service commission pre-enabling Act – routine transfer versus disciplinary action – right to be heard.
22 May 2008
February 2008
Court refused to excuse an out-of-time memorandum without evidence of prison authority advice and acquitted appellant for failure to prove receipt/theft of footballs.
Criminal procedure — limitation — memorandum of appeal filed late — Rule 65(5) discretion requires sound reasons — prisoner must prove any reliance on prison authorities (affidavit/evidence).; Evidence — proof of receipt of goods — assumption of standard packaging insufficient to prove quantity received; Theft — ownership — associations (FAT) are "persons" under Penal Code and can own property capable of being stolen.
19 February 2008