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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
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December 2011
Mohamed Mohamed and Another vs Omar Khatip (Civil Appeal No. 68 of 2011) [2011] TZCA 439 (19 December 2011)
A certificate must present genuine points of law; factual disputes cannot be certified for determination on a fourth appeal.
* Appellate procedure – Certification under section 5(2)(c) – certificate must raise true points of law of legal significance. * Appealability – Fourth appeal – Court of Appeal cannot re-evaluate factual evidence; factual disputes unsuitable for certification. * Pleadings – Parties are bound by pleadings; unpleaded issues (e.g. time bar) not for determination without factual inquiry. * Evidence – Documents not annexed and unproduced records cannot form proper basis for decision without being in evidence. * Witness competence – Testimony of purported government officers requires proof of authority and the records relied upon.
 19 December 2011
Abdalla Ali Abdalla vs Director of Public Prosecutions (Criminal Appeal 100 of 2011) [2011] TZCA 7 (15 December 2011)
Second appeal dismissed; conviction and sentence for defilement upheld based on corroboration and medical opinion.
* Criminal law – defilement – corroboration of complainant’s evidence – investigator’s recovery of underpants with blood/semen and witnesses’ observations provide corroboration. * Medical evidence – expert’s role is to give opinion on findings (bruising, signs of forced entry), not a conclusive statement of penetration. * Appeals – second appeal limited in disturbing concurrent findings of fact; grounds not raised on first appeal ordinarily not entertained on second appeal. * Reliability – naming suspect at earliest opportunity as assurance of witness reliability (Marwa principle).
 15 December 2011
Ali Suleiman Mussa and Another vs Rafaat Sherali Champs (Civil Appeal No. 97 of 2011) [2011] TZCA 572 (14 December 2011)
Procedural defects in delay and accuracy certificates and party names are curable and do not render the appellant's appeal incompetent.
Civil procedure – preliminary objection – competence of appeal – validity and computation of certificate of delay; remedial power under Rule 130 of the Court of Appeal Rules, 2009; certificate of accuracy – procedural deficiency; misnaming of parties – amendment to prevent injustice.
 14 December 2011
Adriano Gedarm Kipalile vs Ester Ignas Luambano (Civil Appeal 95 of 2011) [2011] TZCA 11 (12 December 2011)
Matrimonial houses acquired by joint effort must be equitably divided; unexplained apportionment by trial court overturned.
* Family law – Matrimonial assets – Division of property acquired during marriage/cohabitation – Joint efforts doctrine applied to houses built during union; equal shares where both parties contributed. * Procedural law – Requirement for trial court to give reasons when dividing matrimonial assets and to consider value/condition of assets. * Appeal – Appellate correction of unexplained or unreasoned asset apportionment.
 12 December 2011
Juma Juma Mohamed vs The Director of Public Prosecutions (Criminal Appeal 243 of 2011) [2011] TZCA 124 (12 December 2011)
Circumstantial evidence and reliable voice identification upheld murder conviction; constitutional delay complaint not considered by the Court.
Criminal law – murder – circumstantial evidence – standard that facts be incompatible with innocence; voice identification – admissibility where witness familiarity shown; appellate jurisdiction – limits on entertaining constitutional complaints not raised at trial and Article 99 restrictions regarding Zanzibar Constitution.
 12 December 2011
Meneja Mkuu, Shirika La Umeme, Zanzibar vs Juma Simai Mkumbini and Others (Civil Appeal No. 41 of 2011; Civil Appeal No. 42 of 2011; Civil Appeal No. 43 of 2011; Civil Appeal No. 44 of 2011; Civil Appeal No. 45 of 2011) [2011] TZCA 437 (12 December 2011)
Court held time‑barred employment suits deprived the High Court of jurisdiction; recommendation letter did not restart limitation.
Civil procedure – jurisdiction – time-bar (limitation) – plaint averments determine forum; Limitation Decree s.19(1) (acknowledgement in writing) – recommendation by committee not an acknowledgement; administrative pursuit does not toll limitation; court must dismiss time‑barred suits for want of jurisdiction (s.3(1)).
 12 December 2011
Meneja Mkuu, Shirika La Umeme Zanzibar vs Juma Simai Mkumbini& Others (Civil Appeal 41 of 2010) [2011] TZCA 127 (12 December 2011)
A court lacks jurisdiction to hear time-barred employment suits unless a timely written acknowledgment restarts limitation.
* Civil procedure – Limitation – jurisdiction – court lacks jurisdiction to entertain time-barred suits under the Limitation Decree (item 102). * Limitation Decree s.19(1) – requirement of a written, signed acknowledgment of liability by the party against whom the right is claimed and made before expiry of the limitation period. * Administrative remedies – pursuing administrative channels does not toll or extend statutory limitation absent valid acknowledgment. * Jurisdiction – courts must raise want of jurisdiction for time-barred claims and may dismiss sua sponte under s.3(1).
 12 December 2011
Juma Juma Mohamed vsDirector of Public Prosecutions (Criminal Appeal No. 243 of 2011) [2011] TZCA 432 (7 December 2011)
Circumstantial evidence and reliable voice identification upheld murder conviction; Court declined to hear unraised Zanzibar constitutional complaint.
Criminal law – murder conviction based on circumstantial evidence; voice identification by familiar neighbours; limits on Court of Appeal jurisdiction to hear Zanzibar constitutional complaints not raised at trial; insufficiency of intoxication/fall hypothesis where injuries and postmortem indicate traumatic haematoma.
 7 December 2011
Thabit Ramadhan Maziku & Another vs Amina Khamis Tyela & Another (Civil Appeal 98 of 2011) [2011] TZCA 223 (7 December 2011)
Failing to decide a reserved preliminary objection (notably on jurisdiction) renders subsequent trial proceedings a nullity.
Civil procedure – Preliminary objection must be decided before trial on merits – Jurisdictional objections require determination first – Failure to rule on reserved preliminary objection renders subsequent proceedings a nullity – Necessary party must file pleadings before participating; improper participation and later summons as court witness irregular.
 7 December 2011
Thabit Ramadhan Maziku and Another vs Amina Khamis Tyela and Another (Civil Appeal No. 98 of 2011) [2011] TZCA 471 (2 December 2011)
Failure to decide a reserved preliminary objection, especially on jurisdiction, renders subsequent trial proceedings null and void.
Procedure — Preliminary objection — Reserved ruling must be delivered before trial proceeds; jurisdictional objections to be determined first — Failure to rule renders subsequent proceedings a nullity. Pleadings — Necessary party (Registrar of Documents) participating without written statement of defence and later summoned as court witness — procedural irregularity. Appellate jurisdiction — Exercise of revisional power to quash proceedings and remit preliminary objection for fresh hearing.
 2 December 2011