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.
4 judgments

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4 judgments
Citation
Judgment date
December 2019
Applicant's dissatisfaction with compensation ruling did not establish a manifest error justifying review under Rule 66(1).
* Civil procedure — Review under Rule 66(1) — Scope limited to manifest error on the face of the record — Not a rehearing or second appeal. * Administrative law — Revocation of lease and compensation — Claims for unexhausted improvements must be proven; court will not award compensation absent evidence. * Restitutio ad integrum — Allocation of alternative land does not automatically entail additional monetary compensation unless claim is substantiated.
12 December 2019
Claims based on company shares and leases cannot be pursued personally against shareholders; appeal allowed and High Court decree set aside.
Civil procedure – time limits and certificates of delay under Rule 90(1) – certified copies of proceedings; Company law – separate legal personality – shareholders not personally liable or proper defendants for company dividends, leases or mesne profits.
11 December 2019
Omission to endorse admitted exhibits and exclusion of an unrelated drawn order did not render the record of appeal incompetent.
Court of Appeal — Preliminary objection — Record of appeal — Omission to endorse admitted exhibits under O. XV r.4(1) and r.7(1) — Presence of exhibits in record and prior admission cures omission; Rule 96(1)(k) — Drawn order from interlocutory ruling not required in record when appeal is against final decree; omission not fatal.
5 December 2019
September 2019
High Court quashed imprisonment sentence imposed on a 16‑year‑old as unlawful under the Law of the Child Act.
* Child offenders – sentencing – Law of the Child Act s.116(1) – imprisonment not prescribed for children. * Illegality of sentence – imprisonment imposed on a minor – sentence quashed. * Supervisory jurisdiction – High Court visiting prison may call records and revise lower court sentences in interest of justice.
20 September 2019