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.
2 judgments

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2 judgments
Citation
Judgment date
April 2017
Applicant failed to show exceptional circumstances for bail pending appeal after conviction; application dismissed.
Criminal procedure — Bail pending appeal — After conviction applicant must show exceptional or unusual circumstances to obtain bail; presumption of innocence no longer applies. Bail — Applicant’s assertions of no risk to public order, residence and sureties insufficient to discharge burden. Appellate considerations — Court should avoid prejudicial premature assessment of appeal merits when considering bail. Procedure — Section 368(1) CPA bail application does not require attachment of trial proceedings or judgment.
27 April 2017
Extension of time granted because alleged illegality in the judgment constituted sufficient cause despite counsel's lapse.
• Appellate procedure – extension of time under Section 11 Appellate Jurisdiction Act – exercise of judicial discretion. • 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. • Conduct of counsel – negligence/non‑compliance is not automatically sufficient reason to refuse extension where illegality is raised.
27 April 2017