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.
7 judgments

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7 judgments
Citation
Judgment date
December 2021
General (non-liquidated) damages do not determine pecuniary jurisdiction; judgment quashed for denying right to be heard.
Civil procedure — Pecuniary jurisdiction — General damages do not determine jurisdiction; declarations and non-liquidated claims fall within High Court jurisdiction — Right to be heard — Trial court misapplied Order XX r.2 instead of r.3 when parties present but witness absent — Proceedings and judgment of 19 July 2018 quashed and matter remitted for continuation.
3 December 2021
Court permits rectification of a defective decree and adjourns the appeal, requiring an amended decree within 60 days.
Civil Procedure – Decree must agree with judgment – Order XXIII Rule 6(1) CPD – Defective decree in record of appeal – effect on competency of appeal – overriding objective (Appellate Jurisdiction Act ss.3A,3B) – leave to seek amendment of decree – supplementary record of appeal – Rule 38A(1) Court of Appeal Rules.
3 December 2021
Appeal dismissed: tribunal properly identified disputed land; limitation defence raised too late and lacked supporting evidence.
Land law – identification of disputed land – variance in boundary descriptions does not preclude determination where parties plainly dispute same parcel; Evidence – documentary allocation (temporary permit and receipt) vs. sale agreement bearing a different name; Limitation – plea of time-bar must be pleaded and supported by material evidence and cannot be raised for first time on second appeal; Appeal – concurrent findings of fact entitled to deference absent compelling reason to disturb.
3 December 2021
Failure to serve respondents with a written request for certified proceedings renders the appeal time-barred and incompetent.
Appeal — Time limits — Rule 90(1) and (3) of the Tanzania Court of Appeal Rules — Requirement to serve written application for certified High Court proceedings on respondents — Failure to serve prevents reliance on Registrar’s time-exclusion certificate — Appeal filed out of time is incompetent and must be struck out.
2 December 2021
A preliminary objection on competence must be decided before merits; failure to do so nullifies the judgment and warrants remittal.
Appeal — preliminary objection — competence — defective decree; procedure — preliminary points on competence must be decided before merits; failure to determine objection vitiates judgment; remittal to first appellate court for determination.
2 December 2021
Appellate court held that a prima facie case of corrupt solicitation and receipt existed and remitted the case for the respondent’s defence.
Criminal law – prima facie case – section 263(1) CPA – test per Ramanlal Trambaklal Bhatt; Corruption offences – soliciting and receiving benefit – sections 36(3)(a) and 61 ZACECA; Jurisdiction – High Court’s original jurisdiction under section 73 ZACECA; Procedure – improper weighing of credibility at no‑case stage.
1 December 2021
November 2021
Appeal struck out as time-barred where requester failed to serve the letter for certified copies per Rule 90(3).
* Civil procedure – Appeal time limits – Rule 90 of the Court of Appeal Rules – effect of failure to serve the letter requesting certified copies under Rule 90(3) – certificate of delay invalid; * Competency of appeal – omission in record (Drawn Order) v. time bar – remedies; * Procedural remedies – strike out vs dismissal; costs order.
30 November 2021