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.
11 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
11 judgments
Citation
Judgment date
December 2016
Failure to furnish required security under Rule 11(2)(d) defeats an application for stay of execution.
Civil procedure — stay of execution — Rule 11(2)(d) T.C.A. Rules — mandatory requirement to furnish security for due performance — undertaking without specifics insufficient — failure to comply fatal to stay application.
7 December 2016
Application for stay of execution struck out because notice of motion lacked the decree and valid notice of appeal.
Civil procedure – stay of execution – Rule 11(2)(b) Court of Appeal Rules – requirement to attach valid notice of appeal and the decree sought to be stayed – failure to attach renders application incompetent – application struck out.
7 December 2016
Interlocutory High Court order granting leave to amend plaint is not revisable; revision struck out and file remitted.
Civil procedure – Amendment of pleadings – Registrar lacks power to grant leave to amend – Referral to Chief Justice for assignment proper; Interlocutory order – Order granting leave to amend plaint is interlocutory and not revisable under s.5(2)(d) Appellate Jurisdiction Act; Revision – Application for revision barred where order is not final; Remittal – Matter to proceed to final determination before a judge not previously involved.
7 December 2016
Revision was barred because the Chief Justice’s order permitting amendment was interlocutory, not a final determination.
Civil procedure — amendment of pleadings — Registrar’s lack of power to grant leave — referral to Chief Justice for assignment — interlocutory order — section 5(2)(d) Appellate Jurisdiction Act bars revision — procedural compliance with Court of Appeal Rules/Form A — remittal to trial court; reassignment to different judge.
7 December 2016
Total failure to comply with statutory assessor procedures rendered the appellant's trial a nullity and necessitated a retrial.
* Criminal procedure – Trials with aid of assessors – mandatory compliance with selection, numbering, explanation of role, summing up and recording of assessors' opinions – non-compliance renders trial a nullity. * Court of Appeal Rules – Rule 4(2)(a) properly invoked for preliminary objections in criminal appeals where no specific provision exists. * Appellate revision – power to nullify trial and order retrial in interest of substantive justice.
6 December 2016
Failure to attach the decree and valid notice of appeal renders a stay of execution application incompetent and struck out.
Civil procedure — Stay of execution — Rule 11(2)(b) — Requirement that a valid notice of appeal and the decree sought to be stayed accompany the notice of motion — Failure to attach decree renders application incompetent and liable to be struck out.
6 December 2016
Whether a corporate applicant’s locus standi is affected by its agent’s appearance and whether the notice substantially complies with Form A.
Civil procedure — preliminary objection — locus standi of a corporate applicant represented by an agent appointed under s.34(1) Wakf and Trust Commission Act; compliance with Rule 48(2) (Form A) — substantial compliance standard; immateriality of minor errors in notices which do not prejudice respondent.
6 December 2016
Sentencing without recording a conviction is a nullity; appellate court quashed proceedings and released the respondent.
Criminal procedure — Conviction as prerequisite to sentence — Sentencing without conviction is a nullity — Appellate revision under s.4(2) AJA to quash irregular proceedings — Where illegal sentence already served, remit unnecessary; release appropriate remedy.
5 December 2016
Total non-compliance with statutory assessor procedure rendered the trial a nullity and retrial was ordered.
Criminal procedure – trial with aid of assessors – mandatory compliance with selection, numbering, explanation of role, recording of questions/answers, summing-up and recording of assessors' opinions – total non-compliance renders trial a nullity; Court's power to raise defects suo motu and order retrial under Appellate Jurisdiction Act; Rule 4(2)(a) applicable for preliminary objections in criminal appeals.
5 December 2016
Trial court's failure to convict before sentencing invalidated the judgment; record remitted for proper conviction and sentencing.
* Criminal procedure – requirement to enter conviction before sentence – omission renders judgment invalid (s.219 Criminal Procedure Act). * Court of Appeal Rules – prisoner’s notice of appeal must comply with Rule 75(1)/Form B/1; non‑compliance renders appeal incompetent. * Appellate revisional jurisdiction – Court may refrain from striking out an incompetent appeal and invoke s.4(2) Appellate Jurisdiction Act to correct manifest illegality. * Remedy – quash appellate proceedings founded on invalid judgment; remit for proper conviction and sentencing, with credit for time served.
5 December 2016
A trial court's failure to enter conviction before sentencing invalidates the judgment; Court may revise despite an incompetent notice.
* Criminal procedure – Requirement to enter conviction before passing sentence – Non-compliance with s.219 Criminal Procedure Act renders judgment invalid. * Appeals – Notice of appeal from prison – Rule 75(1)/Form B/1 compliance mandatory; omission renders notice incurably defective. * Appellate jurisdiction – Court of Appeal may retain incompetent appeals and invoke revisional powers under s.4(2) AJA to correct manifest illegalities on record. * Remedy – Quash High Court proceedings, set aside sentence, remit record for conviction and resentencing with credit for time served.
2 December 2016