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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
December 2018
Mr. Longidareki Ndiki vs Mr Abraham Gerald (Administrator of the Estate of the Late Abraham Ndiki) and Others (Civil Reference No. 11 of 2017) [2018] TZCA 969 (27 December 2018)
Reference against Taxing Officer’s decision dismissed as time-barred; statutory 21-day limit and Interpretation Act applied.
* Advocates Remuneration Order (GN. No. 264/2015) – Order 7(1)-(2): reference to High Court from Taxing Officer to be instituted by chamber summons supported by affidavit within 21 days. * Limitation law – computation of time: section 19(6) Law of Limitation Act and applicability of Interpretation Act s.60(1)(c) and (e) when deadlines fall on non-working days. * Civil procedure – preliminary objection on point of law – dismissal of proceedings filed out of statutory time without leave.
 27 December 2018
Amina Karim Jetha vs Wakf and Trust Property Commission (Civil Application No 511, 15 of 2018) [2018] TZCA 581 (14 December 2018)
Timely stay application struck out for defective motion and affidavit; leave granted to refile and costs awarded to respondent.
Stay of execution – Rule 11(4) Court of Appeal Rules – time limit for stay applications – notice of execution – procedural defect in notice of motion and affidavit referencing "judgment and decree" instead of "ruling and drawn order" – application struck out as incompetent – leave to refile under Rule 4(2)(b) – costs to respondent.
 14 December 2018
Juma Rashid vs Neema Sylivester (Misc. Civil Application No. 118 of 2017) [2018] TZCA 970 (14 December 2018)
Sickness supported by medical evidence can constitute sufficient cause to extend time to file an appeal.
Extension of time – Section 14 Law of Limitation Act – sufficient cause – sickness and medical evidence – discretion to extend time must be exercised judicially – appeal time under s.80(2) Law of Marriage Act (45 days).
 14 December 2018
Zuberi Nassor Moh'd vs Mkurugenzi Bandari Zanzibar (Civil Application No .93/15 of 2018) [2018] TZCA 593 (14 December 2018)
Applicant failed to show sufficient cause for extension of time; unsubstantiated theft and vague illegality allegations insufficient.
Court of Appeal – extension of time under Rule 10 – discretionary power – "sufficient cause" required; applicant must account for every day of delay; unsubstantiated loss of documents (no police report) not sufficient; allegations of illegality must be particularized to justify extension.
 14 December 2018
Attorney Genaral Zanzibar vs Jaku Hashim Ayoub & Another (Civil Application No 385/ 15 of 2018) [2018] TZCA 585 (13 December 2018)
A stay of execution requires giving security under Rule 11(5)(c); failure to do so justified striking out the application.
Civil procedure – Stay of execution – Rule 11(5) Court of Appeal Rules – mandatory and cumulative conditions – requirement to give security for due performance (Rule 11(5)(c)) – non‑compliance fatal; application struck out; no order as to costs where defect raised suo motu.
 13 December 2018
Dimond Trust Bank Tanzania Ltd vs Idrisa Shehe Mohamed (Civil Application No. 89 of 2018) [2018] TZCA 327 (5 December 2018)
Court granted extension under Rule 10 to file a supplementary record, finding diligence and alleged illegality justified extension.
* Civil procedure – extension of time – Rule 10 Tanzania Court of Appeal Rules, 2009 – good cause, promptness and diligence. * Civil procedure – supplementary record of appeal – Rule 76(6) – omitted documents and lapse of 14-day period. * Grounds for extension – alleged illegality of lower court decision as a sufficient cause. * Preliminary objection – procedural channel vs. substantive remedy; Court’s power to extend time under Rule 10.
 5 December 2018
August 2018
Jonas Bakuru vs Willy Daffi (Civil Revision No. 16 of 2017) [2018] TZCA 971 (3 August 2018)
A Primary Court lacked jurisdiction over a Tshs.5,000,000 defamation claim, so its judgment and execution were quashed.
Magistrates' Courts Act s.18(1) – Primary Court pecuniary limits – lack of jurisdiction to entertain claims exceeding Tshs.3,000,000/=; jurisdictional defects render proceedings, judgment and execution null and void; attachment based on void decree set aside.
 3 August 2018
July 2018
Amiel Kaaya vs Consolidated Holding Corporation (Civil Application No. 58 of 2017) [2018] TZCA 972 (2 July 2018)
Applicant’s letters did not prove sufficient cause; failure to attend court warranted dismissal and no restoration.
Civil procedure — Restoration of proceedings dismissed for want of prosecution — Sufficient cause requires good and logical reasons preventing attendance — Written submissions are not evidence and cannot introduce new documentary proof — Duty of parties/advocates to attend court on fixed dates.
 2 July 2018
May 2018
Olle Oskar Loinotoki Lobulu vs Emmanuel Lemama Lobulu (Misc. Civil Application No. 42 of 2017) [2018] TZCA 973 (29 May 2018)
An affidavit missing the date of its averments is incurably defective and renders the supporting application incompetent.
* Civil procedure – Affidavit requirements – essential ingredients: averments, verification, jurat, signature; dating of averments is essential. * Affidavit defective for omission of date between averments and verification – application incompetent and struck out with costs. * Preliminary objection on point of law capable of disposing of application.
 29 May 2018
February 2018
Bashiru Rashid Omar vs Director of Public Prosecutions (Criminal Appeal No. 309 of 2017) [2018] TZCA 390 (7 February 2018)
Court overruled objections, allowing appeal despite omission of prison‑form particulars, exercising discretion to serve justice.
* Criminal procedure – notice of appeal – appellant in prison – Form B/l (Rule 75(1)) – substantial compliance with Rule 68 – omission of officer‑in‑charge particulars excused in interests of justice. * Civil/Criminal appeals – substituted memorandum of appeal – Rule 73(2) – advocate may lodge memorandum; Court’s discretion under Rule 72(5). * Procedure – preliminary objections – improper where factual enquiry or judicial discretion required (Mukisa principle).
 7 February 2018