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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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Judgment date
November 2016
Director of Public Prosecution vs Farid Hadi Ahmed & Others (Consolidate Criminal Appeals No 39 & 40 of 2016) [2016] TZCA 2030 (30 November 2016)
A notice of appeal containing contradictory dates is an incurable defect under Rule 68(7) and renders the appeal incompetent.
* Criminal appeal – Notice of appeal – Rule 68(7) Court of Appeal Rules, 2009 – requirement to be substantially in Form B – correct date of decision – contradictory dates create incurable ambiguity – notice defective rendering appeal incompetent and struck out.
 30 November 2016
Fbme Bank Limited vs Cristal Resort Limited (Criminal Appeal No 168 of 2016) [2016] TZCA 2032 (29 November 2016)
Omission of an extracted interlocutory order from the record of appeal renders the appeal incompetent.
Civil procedure — Appeal record — Rule 96(1)(k) — Interlocutory proceedings and extracted orders must be included when necessary; exclusion requires direction under Rule 96(3) — Omission renders appeal incompetent.
 29 November 2016
Mkunazini Shipping Company Enterprises and Another vs Said Khamis Hamed (Civil Application No. 5 of 2012) [2016] TZCA 2275 (29 November 2016)
Application for extension of time stayed pending determination of reference challenging a single Justice’s referral.
* Civil procedure – extension of time to file notice of appeal – second application (second bite) – scope of Rule 45(b) of the Court of Appeal Rules 2009 – appropriate procedure to challenge a single Justice’s referral under Rule 60(1).
 29 November 2016
Khamis Abdul-Wahab Manhmoud vs Director of Public Prosecution (Criminal Appeal No. 569 of 2015) [2016] TZCA 2095 (28 November 2016)
Notice of appeal missing prison transmission details and with inconsistent dates is defective; appeal struck out.
Criminal procedure — Appeal — Notice of appeal must comply with Court of Appeal Rules and Form B/Form B/1; special transmission requirements where appellant is in custody; defects apparent on face of record (missing prison particulars, inconsistent dates) render notice incurably defective and appeal incompetent — appeal struck out.
 28 November 2016