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.
360 judgments

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360 judgments
Citation
Judgment date
August 2025
A court may not award compensation based on estimated values for missing property absent supporting evidence from the claimant.
Contract – Custody of property pending tax collection – Measure of damages – Burden of proof in valuation – Judicial estimation of unproved property value – Right to be heard on unpleaded issues.
25 August 2025
May 2025
Procedural irregularities led to quashing a criminal conviction, with a retrial ordered to ensure fairness.
Criminal procedure – fair trial – procedural irregularities – mistrial and retrial ordered due to judicial bias affecting earlier proceedings.
29 May 2025
Neglecting to accommodate remote testimony during pandemic denied appellants a fair hearing, nullifying judgment.
Civil procedure - fair hearing - adjournment due to pandemic - remote testimony permitted under Zanzibar Evidence Act 2016 - denial of adjournment constitutes fatal irregularity.
29 May 2025
The court upheld the defilement conviction and quashed the abduction conviction due to insufficient proof.
Criminal Law – Abduction and defilement – Credibility of victim's evidence in sexual offense cases – Requirement of proof of abduction against parental will.
29 May 2025
The court upheld convictions for child abduction and defilement based on credible and sufficient evidence.
Criminal Law – child abduction and defilement – credibility of victim's testimony – adequacy of evidence.
29 May 2025
Discrepancies in evidence led to quashing conviction for an unnatural offence.
Criminal law – appeal – burden of proof – credibility of evidence – discrepancies in prosecution's case
29 May 2025
Appeal allowed as evidential discrepancies created reasonable doubt in conviction for unnatural offence.
Criminal Law – unnatural offence – credibility of prosecution evidence – discrepancies in dates and testimonies – reasonable doubt – appeal allowed.
29 May 2025
Court affirms breach of contract and misrepresentation in a hotel sale agreement, with damages and refund ordered.
Contract law – Breach of sale agreement – Misrepresentation – Breach of no encumbrance clause – Refund and damages awarded.
29 May 2025
Appeal succeeded on abduction conviction due to insufficient evidence, but rape conviction was upheld.
Criminal law - Rape and abduction - Credibility of victim's testimony - Procedural irregularity in exhibit admission - Variance in time of offense
28 May 2025
Court overturns rape conviction due to delayed reporting and insufficient corroborative evidence.
Criminal Law – Rape – Proving sexual offences – Reliance on corroborative evidence – Impact of procedural noncompliance on admissibility.
28 May 2025
Court upholds rape conviction but quashes abduction conviction due to insufficient evidence of unlawfulness and intent.
Criminal law - Rape and Abduction - Procedural errors in magistrate transfer - Credibility of evidence - Proof beyond reasonable doubt
26 May 2025
Appeal allowed due to unreliable identification evidence and procedural errors in trial court.
Criminal law - defilement - identification evidence - procedural errors in evidence admission - child witness testimony.
23 May 2025
Conflict of interest in legal representation nullifies proceedings where a law firm drafts and litigates a contract.
Civil Procedure - Conflict of interest - Advocates representing parties in cases where they drafted the contract in dispute.
23 May 2025
The appeal restored the murder trial, finding a prima facie case against respondents requiring a defense.
Criminal Law – Murder – Establishment of Prima Facie Case - Participation in unlawful act – Malice aforethought.
22 May 2025
Appellant's conviction for defilement quashed due to lack of proof beyond reasonable doubt and inadequate evidence.
Criminal Law – Defilement – Expert witness qualification and reliance on oral evidence after medical report is expunged.
20 May 2025
Appeal from consent judgment dismissed due to lack of leave from High Court, making it incompetent.
Civil procedure - appeal - validity of consent judgment - requirement of leave from High Court for appeal.
20 May 2025
May 2024
Extension of time granted due to technical delay and apparent illegality in High Court’s registration of arbitration award.
Extension of time; Rule 10 Courts of Appeal Rules; technical delay doctrine; apparent illegality on face of decision; arbitration — section 66 & Third Schedule (Civil Procedure Decree) vs NCC rules; registration of award as High Court judgment; discretion to extend time.
8 May 2024
Conviction quashed where missing arresting‑officer evidence, absent seizure documentation and unadmitted analysis broke the chain of custody.
Criminal law – unlawful possession of narcotics – proof beyond reasonable doubt; Evidence – chain of custody – necessity of seizure list/certificate and independent witness; Evidence – admissibility and necessity of certificate of analysis to prove substance and weight; Right to legal representation – no automatic duty to inform or assign counsel in non‑capital trials; Appeals – circumstances permitting interference with concurrent factual findings.
8 May 2024
The DPP’s appeal against rejection of electronic evidence is incompetent as interlocutory and non-appealable.
Criminal procedure — Admissibility of electronic records — Evidence Act s.73 — DPP’s right to appeal interlocutory orders — Appellate Jurisdiction Act s.6(2) and effect of Joseph Steven Gwaza — Finality versus interlocutory orders — Competence of appeal.
8 May 2024
Conviction quashed where cannabis seizure lacked mandatory receipt and independent witnesses, rendering evidence insufficient against the applicant.
* Criminal procedure – search without warrant – statutory requirement to issue seizure receipt and to have independent witnesses sign – failure renders seizure evidence unreliable. * Drugs Control Act – investigatory mandate vests in Drugs Control Authority but requires cooperation with Police; police assistance not per se fatal to prosecution. * Jurisdiction – assignment to Regional Magistrate with extended jurisdiction by Chief Justice valid; no prejudice shown by administrative file transfer.
8 May 2024
Stay of execution granted pending appeal; court accepted undertaking and ordered TZS 125,000,000 bank guarantee as security.
* Civil procedure – Stay of execution – Court of Appeal Rules, 2009, r.11 – timeliness (r.11(4)), required documents (r.11(7)). * Security for stay – r.11(5)(b) – firm undertaking to provide security may suffice; court’s discretion as to type and amount. * Matrimonial property – uncertain valuation pending government valuation – effect on security quantification.
8 May 2024
An advocate’s prior representation of both parties in a transaction creates a conflict, rendering subsequent proceedings null and judgment set aside.
* Advocates' professional ethics – conflict of interest – advocate who drafted and witnessed transaction for both parties later representing one in litigation constitutes conflict and professional misconduct. * Civil procedure – default judgment – proceedings tainted by counsel's conflict of interest are null and void and may be set aside. * Remedies – nullification of proceedings and setting aside of default judgment; liberty to commence fresh suit.
8 May 2024
Extension of time granted where arguable illegality (jurisdiction and limitation) warranted revision.
Civil procedure — Extension of time under Rule 10 — Good cause and discretion; Illegality as sufficient ground for extension; Jurisdiction — arbitration clause potentially ousting court jurisdiction; Limitation — pleadings indicating supply 1986–1988 and long delay; Burden of proof — alleged failure to require ex-parte proof.
7 May 2024
Unsworn child-witness evidence without promise/admonition is inadmissible; conviction quashed; no retrial ordered.
Evidence — Children; voir dire — need to test understanding of oath/affirmation, obtain promise to tell truth and admonition; s133 Evidence Act & s49 Children’s Act (Zanzibar) — unsworn child evidence improperly admitted must be expunged; retrial not ordered where remaining evidence is weak and ordering retrial would permit filling evidentiary gaps (Fatehal Manji principle).
6 May 2024
A stay application must be accompanied by a correctly identified notice of appeal; a misnumbered notice makes it incompetent.
Civil procedure – Stay of execution – Rule 11(7) TCPR – requirement that application be accompanied by a notice of appeal – notice must clearly identify the decision appealed – misnumbered or incorrect notice of appeal renders stay application incompetent; preliminary objection upheld.
6 May 2024
Appeal allowed: material variance between charge and evidence and failure to prove recent possession beyond reasonable doubt.
* Criminal law – variance between charge particulars and prosecution evidence – material variance renders charge defective and requires amendment under s.219(1) CPAZnz. * Criminal law – doctrine of recent possession – requirements: proof ownership, possession by suspect, recent theft, and that recovered items are subject of the charge. * Evidence – identification of stolen property – necessity for specific, distinguishing marks and adequate witnesses to link recovered items to complainant. * Procedural fairness – failure to amend a defective charge is fatal and prejudicial to the accused.
6 May 2024
Appeal allowed: convictions quashed for failure to consider alibi and lack of independent witnesses/documentation for search and seizure.
Criminal procedure – alibi notice – duty of trial court to consider alibi despite non-compliance; Search and seizure – requirement for independent witnesses and contemporaneous documentation; Proof beyond reasonable doubt – failure to corroborate arrest/search undermines prosecution case; Informer – non-disclosure not fatal where informer did not participate in arrest.
6 May 2024
Acquittal upheld where prosecution failed to prove principal–agent relationship and evidence contained material contradictions.
Criminal law – Corruption – Soliciting benefit corruptly – Essential elements include principal–agent relationship and corrupt solicitation in relation to principal's affairs; burden on prosecution to prove beyond reasonable doubt – Admissibility of exhibits – documents must be properly tendered and read into evidence – Witness inconsistencies and material contradictions may defeat prosecution case – Appeal as rehearing: appellate court re-evaluates evidence.
3 May 2024
High Court's suo motu finding on magistrate change without hearing parties violated the right to be heard and vitiated its judgment.
* Criminal procedure – partly heard cases – transfer of trial between magistrates – successor must assign reasons under s.204(1) CPA. * Constitutional and procedural fairness – right to be heard (audi alteram partem) – court raising issues suo motu must afford parties opportunity to address them. * Procedural irregularity – failure to hear parties on a suo motu issue vitiates judgment – quash and order rehearing.
2 May 2024
Applicant granted 30 days to file a second‑bite extension after court found good cause for procedural delay.
Civil procedure — Extension of time under Rule 10 — "Second bite" applications — Requirement to account for delay unless illegality shown — Effect of litigant's illness, death and active court engagement on good cause — Relevance and limits of certificate of delay.
2 May 2024
Court granted 30‑day extension to file stay application, finding withdrawal for technical error excusable and appeal at risk.
* Civil procedure — Extension of time under rule 10 — discretionary exercise — account for each day of delay; factors: length, reasons, prejudice, conduct, illegality. * Withdrawal of stay application for technical defect may be excusable; human error not necessarily negligence. * Risk of execution rendering appeal nugatory is a relevant consideration in granting extension.
2 May 2024
Unexplained delay and lack of corroboration defeated the applicant's request for extension of time to appeal.
Extension of time – Rule 10 and Rule 45A(1)(b) Court of Appeal Rules – "good cause" requires accounting for each day of delay; need for corroborating evidence; mere assertion of a "great chance of success" insufficient absent demonstrated illegality.
2 May 2024
April 2024
The appellant failed to prove tax evasion or abuse of office beyond reasonable doubt; acquittal upheld.
Criminal law — burden of proof — prosecution must establish guilt beyond reasonable doubt; suspicion insufficient. Tax evasion — elements include intentional conduct of business and failure to be a registered taxpayer or pay due tax. Abuse of office — requires proof of intentional misuse of position to obtain undue advantage; secondary charge may fail if primary offence not proved. Abatement — appeal against a deceased appellant/respondent abates under procedural rules.
30 April 2024
Applicant granted seven‑day extension to serve respondent after registry delay prevented timely service of appeal documents.
Civil procedure – extension of time to serve memorandum and record of appeal – delay caused by court registry’s failure to supply filed copies – sufficiency of cause under Rule 97(1) and discretionary power to extend time – unopposed application; alleged illegality not considered.
30 April 2024
November 2023
Contradictions, delayed reporting and unread PF3 exhibits undermined prosecution; appeal dismissed and exhibits expunged.
Criminal law – Sexual offences – Sufficiency and credibility of victims’ evidence – Material contradictions and delayed reporting – Documentary evidence (PF3): admission and requirement to read contents; failure to read is incurable – Trial court’s duty to evaluate defence evidence – Appeal dismissed.
2 November 2023
August 2023
Extension of time granted where delay was technical and apparent illegality in High Court ruling warranted appeal.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — applicant must account for delay but technical delay excusable; diligence required. Illegality — apparent illegality of impugned decision justifies enlargement of time. Jurisdiction — when concurrent proceedings in different jurisdictions and commencement of statute raise arguable points, appealability should be allowed. Authorities — Bushiri; Lyamuya; Fortunatus Masha; Principal Secretary v. Devram Vallambia.
9 August 2023
June 2023
A High Court wrongly assumed jurisdiction over a Muslim matrimonial asset dispute; proceedings set aside and referred to the Kadhi's Court.
Jurisdiction – Kadhi's Court exclusive jurisdiction over Muslim matrimonial matters – pleadings converting civil suit into matrimonial dispute – wrongful assumption of jurisdiction by High Court renders proceedings a nullity – invocation of section 4(2) AJA to set aside decree; refer to Kadhi's Court Act.
13 June 2023
Charge variance and unreliable visual identification undermined prosecution, so convictions were quashed.
Criminal law – proof beyond reasonable doubt; visual identification at night – Waziri Amani principles; variance in particulars – duty to amend under s.219 Criminal Procedure Act; failure to tender exhibits and negative/absent DNA evidence; appellate interference with concurrent findings when misdirection/non-direction exists.
12 June 2023
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
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