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.
4 judgments

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4 judgments
Citation
Judgment date
December 2014
Failure to prove the dates specified in the charge is a fatal defect; conviction unsustainable and appeal dismissed.
* Criminal law – Particulars of offence – Necessity to prove the date/period alleged in the charge – Material uncertainty as to time vitiates conviction. * Criminal procedure – Duty of the prosecution – Correct framing of charges and proving particulars at trial. * Evidence – Inconsistency between charge sheet and witness testimony (child victim and medical examiner) – Fatal defect not curable under s.394(1)(a) CPA.
11 December 2014
Extension of time granted where late supply of the decree (required for stay application) constituted good cause.
* Civil procedure – extension of time – Rule 10 Court of Appeal Rules – discretionary power to extend time on good cause shown. * Stay of execution – Rule 11(2)(c) – requirement to attach copy of decree to application for stay – late supply of decree as ground for extension. * Unopposed applications – absence of affidavit in reply strengthens grant of relief when good cause shown.
5 December 2014
September 2014
A notice to sue the Government must be served on the responsible ministry; suing only the Attorney General is improper.
* Government Proceedings Act s.6(2) – Notice of intention to sue must be served on the specific Minister/Department/Officer and copy to the Attorney General; proper Ministry/department is a necessary party. * Non‑joinder – Suing Attorney General alone without impleading responsible Ministry/department renders suit bad in law. * Limitation – Court declined to decide limitation where non‑joinder was fatal.
19 September 2014
June 2014
Application to High Court to call Primary Court record dismissed for being brought under the wrong statute.
Primary Court proceedings — applicability of statutes — Civil Procedure Code not applicable to Primary Court matters — Magistrates' Courts Act governs Primary Court matters — application brought under wrong provision dismissed with costs.
26 June 2014