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.
11 judgments

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11 judgments
Citation
Judgment date
June 2022
Failure to arraign the appellant as required by law rendered the trial a nullity; conviction quashed and appellant released.
Criminal procedure – Arraignment and plea – Mandatory requirement under section 250 CPA; failure to read information and take plea renders trial a nullity; retrial discretionary – not ordered where it would enable prosecution to fill gaps in evidence; appellate revision under s.4(2) AJA to quash conviction and order release.
17 June 2022
High Court breached right to be heard and voir dire omissions invalidated child evidence, undermining the conviction.
Criminal law – appellate procedure – appellate court must not decide issues not raised by parties; breach of right to be heard nullifies judgment; Evidence – child witnesses – voir dire must establish sufficient intelligence and understanding of duty to tell truth before admitting evidence; omission renders evidence invalid and may be expunged; insufficiency of remaining evidence defeats conviction.
17 June 2022
Changes of assessors resulting in assessors not hearing the whole trial render the Land Tribunal's decision and subsequent appeal a nullity.
* Land Tribunal — Composition and mandatory participation of chairman plus two assessors — Sections 5, 7 and 37 Land Tribunal Act. * Assessors — An assessor must hear the whole trial to participate in decision-making; assessor changes during trial may vitiate proceedings. * Procedural nullity — Improperly constituted Tribunal renders its proceedings and subsequent appeals nullity; retrial de novo required.
17 June 2022
Court granted retrospective extension to serve notice of appeal after excusable mistake, finding no inordinate delay or prejudice.
* Civil procedure – extension of time – service of notice of appeal under rule 84(1) – requirement to serve respondent after lodgement. * Exercise of judicial discretion guided by Lyamuya factors: reason for delay, length of delay, diligence, prejudice. * Retrospective enlargement of time to the date of actual service. * Effect of notice of appeal on execution under Tax Revenue Appeals Act/rules.
17 June 2022
High Court lacked jurisdiction to divide matrimonial assets between Muslim parties; award quashed and record remitted.
Kadhi's Court jurisdiction – Exclusive jurisdiction over division of matrimonial assets between Muslims where there is actual contribution (Kadhi's Court Act); Civil procedure – Misjoinder of causes of action and Order II r.6 CPD; Jurisdictional defect – Proceedings and award made without jurisdiction are a nullity and subject to quashing under Appellate revisional powers (s.4(2) AJA).
16 June 2022
Improper post-evidence tendering of key exhibit by prosecutor warranted expungement; convictions quashed for lack of proof.
Criminal procedure — Improper tendering of exhibits by prosecutor after witness evidence — Denial of opportunity for cross-examination — Expungement of exhibit; Chain of custody — handover letter not required within same office; Condition of exhibits due to storage; Legal aid — no duty to inform/provide state-funded counsel unless indigence established and requested; Search — independent witness requirement applies to premises, not person; Appellate judgment — must show reasons and issues for determination.
16 June 2022
Division of matrimonial assets between Muslim spouses falls within the exclusive jurisdiction of the Kadhi's Court; High Court proceedings were nullity.
Jurisdiction — Kadhi's Court exclusive jurisdiction over Muslim personal law matters including division of matrimonial assets — High Court lacked jurisdiction — jurisdictional defect renders proceedings and judgment a nullity — court's duty to address jurisdiction suo moto even where counsel withdraws objection.
16 June 2022
Interlocutory rulings not appealed cannot form grounds of appeal; LRA s.87(1) grants automatic appeal and missing records may be cured by rule 96(7).
Appeal — interlocutory rulings — non-appealable interlocutory decision; Appellate jurisdiction — leave to appeal — s.87(1) Labour Relations Act confers automatic right of appeal; Civil procedure — record of appeal — omission of drawn order — curable under rule 96(7) by supplementary record.
16 June 2022
A judgment on admission that does not dispose of all claims is interlocutory and not appealable under section 5(2)(d) AJA.
Appealability — interlocutory orders; judgment on admission (Order XIV r.6 CPD) — does not dispose of all rights; section 5(2)(d) Appellate Jurisdiction Act — appeal only where interlocutory order finally determines the suit; nature-of-order test (Bozson test) applied.
16 June 2022
Procedural defects in the record of appeal (missing page or minor certification variance) are curable and not fatal to the appeal.
Civil procedure — Appeal — Record of appeal — Omission or disorderly arrangement of pages — Rule 96(1)(g), rule 96(7) — Certificate of record — Rule 96(5) — Substantial compliance — Overriding objective — Curable defects.
14 June 2022
Ex parte judgment set aside for lack of proof of service and improper exercise of judicial discretion.
Civil procedure – setting aside ex parte judgment – sufficiency and proof of service of summons; exercise of judicial discretion; corporate service requirements (Order XXXIII r.2 CPD); adjournments and readiness to proceed; Order provisions on setting aside ex parte decrees.
14 June 2022