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
March 2010
Failure to sum up to assessors rendered the appellant’s trial defective and required a retrial before another judge.
* Criminal procedure – Assessors – Failure of trial judge to sum up to assessors – not cured by s.394(1)(a) – constitutes illegal/defective trial – retrial ordinarily required. * Assessors – procedural requirements: selection and objection, numbering, explanation of role, opportunity to question witnesses with recorded answers, summing up of facts and law, and recording individual opinions. * Remedy – retrial before a different judge where summing up omission occurred.
2 March 2010
Appeal allowed: dismissal unsupported by admissible evidence and judge failed to justify disagreement with assessor.
* Labour law – wrongful dismissal – employer must prove misconduct; annexures to pleadings are not evidence. * Evidence – documentary evidence must be tendered and admitted; absence of direct or reliable circumstantial evidence cannot sustain dismissal. * Procedure – assessor opinions: presiding judge must record assessor's opinion and reasons for disagreement (s.83(5), Labour Relations Act). * Civil procedure – judgment contents: Order XXIII Rule 3(2) requirements (case statement, points, decision, reasons).
1 March 2010