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.
14 judgments
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Results. 14 judgments found.

14 judgments
December 2017
A DPP's s36(2) written certificate denying bail binds the court; reasons for the certificate are not required.
  • Criminal procedure — Bail — DPP’s certificate
    • — authority: Ally Nuru Dirie
    • — DPP
    • — Effect and requirements
    • — no requirement to disclose reasons
    • — relates to pending criminal proceedings
    • — states likely prejudice to safety/interest
    • — statutory test: written certificate
14 December 2017
An appeal from an originating summons must challenge the High Court's ruling and drawn order, not a judgment and decree.
  • Civil procedure — Appeals
    • — Originating summons — Adjudication results in a ruling and extracted order, not judgment and decree — Court of Appeal Rules 2009 R.83(3),(6)
    • — Preliminary objection — Misdescription in notice of appeal renders appeal incompetent
8 December 2017
A stay application filed after the appeal period without extension is incompetent and is struck out.
  • Civil procedure — Court of appeal (zanzibar) — Stay of execution — Time limits
6 December 2017
A revision application lacking the full High Court record is incompetent and will be struck out, with no order as to costs.
  • Appellate practice — Revision procedure
    • — Party moving Court cannot pick and choose parts of record
    • — revision
  • Civil procedure — revision jurisdiction
    • — Court may strike out
    • — omission renders revision application incomplete and incompetent
6 December 2017
A revisional application is incompetent if the full lower court record, including the plaint and written statement of defence, is not filed.
  • Appellate practice — Revision
    • — competency
    • — Court raised competency suo motu
    • — omission of plaint and written statement of defence renders revisional application incompetent
6 December 2017
A notice of appeal must briefly state the nature of the order appealed; failure renders the appeal incompetent and struck out.
  • Criminal procedure — Notice of appeal — Requirement to state briefly the nature of the order or finding appealed against — Court of Appeal Rules r.68(2)
5 December 2017
Failure to file an affidavit in reply is discretionary and does not automatically permit ex parte determination; oral reply and inter partes hearing allowed.
  • Civil procedure — Court of Appeal — Civil procedure
4 December 2017
A notice of appeal that fails to state the nature of the order appealed against is incurably defective and the appeal is incompetent.
  • Criminal procedure — Appeal — notice of appeal
4 December 2017
November 2017
Omission of mandatory documents from the record of appeal renders the appeal incompetent and leads to striking it out.
  • Civil procedure
    • — Appeal competence — Record of appeal
    • — Preliminary objections — Court may raise and decide competence suo motu
  • Probate law — Succession/substitution — objection where appeal is pursued against a deceased person without substitution
30 November 2017
Omission of mandatory documents from the record of appeal renders the appeal incompetent and is ground for striking it out.
  • Civil procedure — Court of Appeal — Competence of appeal
29 November 2017
June 2017
Criminal revision struck out because the supporting affidavit failed to disclose the applicant's representative capacity.
  • Civil procedure — Criminal revision — Defective affidavit renders application incompetent and liable to be struck out — Preliminary objections
28 June 2017
May 2017
Primary Court lacks jurisdiction over negligence claims; High Court suo motu reviewed and ordered continuation in District Court.
  • Civil procedure
    • — suo motu review — correction of jurisdictional error
    • — Transfer/continuance — matter ordered to proceed in District Court
  • Criminal law — Magistrates courts act — Jurisdiction — Primary Court lacks jurisdiction over torts (negligence)
17 May 2017
April 2017
Convicted applicant failed to show exceptional circumstances for bail pending appeal; application dismissed.
  • Criminal law — bail pending appeal
    • — Exceptional and unusual circumstances — Section 368(1) CPA
    • — test of overwhelming chances of success — Court cautious not to prejudge appeal merits
  • Criminal procedure — bail application — Attachment of proceedings and judgment not required for bail application
27 April 2017
Extension of time granted because alleged illegality in the judgment constituted sufficient cause despite counsel's lapse.
  • Appellate practice — Appellate procedure — Extension of time — exercise of judicial discretion
  • Civil procedure
    • — Appeal practice — striking out for non‑compliance with Court of Appeal order — right to institute fresh appeal or seek extension
    • — Grounds for extension — allegation of illegality in impugned decision constitutes sufficient cause
27 April 2017