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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
7 judgments
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7 judgments
Citation
Judgment date
December 2009
Royal Insurance Tanzania Limited vs Kiwengwa Strand Hotel Limited (Civil Application No. 111 of 2009) [2009] TZCA 195 (16 December 2009)
Extension of time granted where a still-valid notice of appeal and prompt remedial steps justified relief under Rule 8.
Court of Appeal — extension of time — Rule 8 application for leave to file appeal out of time — notice of appeal validity where record contains defective decree — citation of Rule 83(1) not fatal if enabling provisions cited — factors for granting extension (length and reasons for delay, prejudice, prospects, diligence).
 16 December 2009
Ali Vuai Ali vs The Wakf and Trust Property Commission the Administrator of the Estate of Suwed Mee Suwed (Civil Application No. 10 of 2008) [2009] TZCA 268 (11 December 2009)
Correction applications under Rule 40(1) are subject to a sixty‑day limitation; out‑of‑time application struck out.
* Court of Appeal Rules — Rule 40(1) (correction of errors) — limitation of time; Rule 8 — Court may impose time limits by decision; sixty‑day limit applied by analogy to review/revision precedents. * Procedural law — preliminary objection — time‑barred applications — refusal to enlarge time for excessive delay.
 11 December 2009
General Manager, Kiwengwa Strand Hotel and Another vs Juan Francisco Munoz (Civil Application No. 4 of 2009) [2009] TZCA 280 (11 December 2009)
Applicants failed to prove prima facie success, irreparable harm, or favourable balance of convenience to justify a stay.
Court of Appeal — stay of execution under Rule 9(2)(b); requirements: prima facie appeal prospects, irreparable harm, balance of convenience; jurisdictional objection must be supported by the record/affidavit; oral submissions cannot substitute for affidavit evidence.
 11 December 2009
Haruna Omar Singano vs Ministry of Water, Construction, Power and Land (M.U.N.A) and Another (Znz Civil Application No. 3 of 2009) [2009] TZCA 281 (11 December 2009)
An application supported by an unverified or defective affidavit is not maintainable and will be struck out.
Civil procedure — extension of time — affidavit verification — defective affidavits — preliminary objection — chamber application struck out — FOUM v Registrar of Cooperative Societies (1995) T.L.R. 75 applied.
 11 December 2009
Meneja Mkuu Karafuu Hotel vs Evans Peter (Civil Appeal No. 17 of 2009) [2009] TZCA 194 (11 December 2009)
Cumulative procedural defects and failure to record assessors' opinions rendered the trial a nullity; retrial ordered.
Civil procedure – duty to frame issues (Order XVI Rule 1(5)); Judgment contents – concise statement, points for determination, findings and reasons (Order XXIII Rule 3(2)); Preliminary objection – necessity to decide time-bar and to examine prior judgment for res judicata; Labour law – mandatory requirement to seek and record assessors' opinions (Labour Relations Act s.83(4)–(5)); Trial nullity – cumulative procedural defects warrant retrial de novo.
 11 December 2009
Yussuf Moh'd Yussuf vs The Director of Public Prosecutions (Criminal Appeal No. 84 of 2009) [2009] TZCA 193 (10 December 2009)
Unexplained gaps in chain of custody for seized drugs create reasonable doubt and warrant quashing of conviction.
Criminal procedure – narcotics – chain of custody – failure to document seizure/handling of exhibits permits inference of possible tampering and undermines reliance on forensic analysis; appellate intervention justified where material non-direction on evidence exists.
 10 December 2009
January 2009
Kombo Khamis Hassan vs Republic (Civil Appeal 17 of 2008) [2009] TZCA 22 (7 January 2009)
Part-payments extended limitation; contract lawful; USD110,000 proved; repossession clause valid; ancillary supervisory orders set aside.
Limitation — part payment restarts limitation period; Contract law — legality/public policy of foreign creditor transactions; Proof of debt — evidence and account statements; Set-off/appropriation of proceeds; Repossession clause as security (validity and limits); Illegal managerial/executory orders — court cannot act as manager/receiver absent pleadings.
 7 January 2009