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.
8 judgments

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8 judgments
Citation
Judgment date
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 under s.36(2) EOCCA – Effect and requirements; statutory test: written certificate; states likely prejudice to safety/interest; relates to pending criminal proceedings; no requirement to disclose reasons; authority: Ally Nuru Dirie; DPP v. Li Ling Ling.
14 December 2017
An appeal against a non-existent judgment (instead of a ruling from an originating summons) is incompetent.
Civil procedure – originating summons: decision is a ruling and drawn order, not a judgment and decree; Appeal procedure – notice and memorandum must correctly identify the decision appealed against; Court of Appeal Rules (Rule 83(3) & (6)) – non-compliance renders appeal incompetent; Distinction between 'judgment' and 'ruling' is substantive, not interchangeable.
8 December 2017
A stay application filed after the appeal period without extension is incompetent and is struck out.
Court of Appeal (Zanzibar) – Stay of execution – Time limits – Rule 11(2)(c) Tanzania Court of Appeal Rules, 2009 – Application filed after appeal period without extension deemed incompetent and struck out – Court may raise timeliness suo motu.
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.
* Civil procedure – Revision jurisdiction – Applicant must supply full record of proceedings from the High Court (proceedings, chamber summons, affidavits, drawn order) – omission renders revision application incomplete and incompetent; Court may strike out. * Revision procedure – Party moving Court cannot pick and choose parts of record; revision requires examination of entire lower court record.
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.
Revision — competency — requirement to file complete record including pleadings; omission of plaint and written statement of defence renders revisional application incompetent; Rule 106 and appellate practice; Court raised competency suo motu.
6 December 2017
A notice of criminal appeal failing to state the nature of the order under Rule 68(2) renders the appeal incompetent.
* Criminal procedure – Notice of appeal – Rule 68(2) Court of Appeal Rules, 2009 – mandatory requirement to state briefly the nature of the conviction, sentence, order or finding; failure to comply renders the notice defective and the appeal incompetent; consequence: appeal struck out.
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.
Court of Appeal — Civil procedure — Rule 56(1) Court of Appeal Rules — Affidavit in reply discretionary — Failure to file affidavit bars challenging averments by affidavit but does not preclude oral response — Ex parte determination not automatic — Inter partes hearing ordered.
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 – Mandatory requirement under Rule 68(2) to state briefly the nature of the order, finding, sentence or conviction appealed against – Failure to comply renders the notice incurably defective and appeal incompetent.
4 December 2017