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.
66 judgments

Court registries

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66 judgments
Citation
Judgment date
December 1983
12 December 1983
12 December 1983
12 December 1983
12 December 1983
12 December 1983
12 December 1983
6 December 1983

Civil Practice and Procedure - Plaint - Failure to disclose a cause ofaction - Whether necessaryfor plaintiff to aver compliance with s. 6 ofthe Sale ofGoods Ordinance Cap. 214(T). C Civil Practice and Procedure - Plaint - Particulars in - Special defence open to defendant - Whether plaintiff required to anticipate it - S.6 Sale of Goods Ordinance and O. VII r. 1(e) Civil Procedure Code. Civil Practice and Procedure - Reply to written statementofdefence - Whether court to take into account when considering whether plaint discloses cause ofaction - O.VIr.7Civil Procedure Code. Civil Practice and Procedure - Plaint - Failure to disclose a cause ofaction - Dismissal ofsuit - Proper action to be taken - O. VII r. 11 (a) Civil Procedure Code.

1 December 1983
1 December 1983
1 December 1983
November 1983
Reported
29 November 1983
29 November 1983
29 November 1983
Reported
29 November 1983

Family Law - Matrimonialproperty - Whether domestic services of a house wife amount to contribution in acquisition of matrimonial assets.  Family Law- Matrimonial assets- Family assets - Assets envisaged u/s 114 (1) ofthe LawofMarriageAct, J971 - Matrimonialassets acquired by spouses during marriage by theirjoint efforts.

29 November 1983
29 November 1983
29 November 1983
29 November 1983

Civil Practice and Procedure - Appeal originating from Primary Court - Whetherdecision ofthe High Court in matters originating  from the Primary Court appealable -Appellate JurisdictionAct, 1979. Civil Practice and Procedure - Appeal originating from Primary Court - Certification ofpoint oflaw - Whether Court ofAppeal hasjurisdiction - Rule 46 (3) Court ofAppeal Rules.

28 November 1983

CivilPractice and Procedure - Revision - Notice ofMotion to revise or nullify an order ofstay ofexecution - Whether Court ofAppeal hasjurisdiction -s.3(l) and3(2)Appellate JurisdictionAct 1979,  s.38 Civil Procedure Code ActNo. 49 of1966 rr.2 and 36 Court ofAppeal Rules, O.XLll, R.l Civil Procedure Code. Civil Practice and Procedure - Powers of the Court ofAppeal - Appellate Jurisdiction Act - Whether Court ofAppeal haspowers ofHigh Court  Civil Practice and Procedure - Appeal to Court of Appeal - Definition of- R.2 Court ofAppeal Rules

9 November 1983

Civil Practice andProcedure - Appeal - Failure tofile appeal within prescribed time - Appellant represented by Advocate - Whether  appeal to be admitted - R.83 Court ofAppeal Rules. Civil Practice and Procedure - Appeal - Appeal oftime - Advocates failure to check the law properly - Whether sufficient ground.

3 November 1983
2 November 1983

Civil Practice and Procedure - Appeal, Record of- Not containing a copy of the decree - Whether appeal competent - R. 89 (2) Court ofAppeal Rules. Civil Practice and Procedure - Appeal - Record not containing decree - Notice of Motion seeking extension of time to file a  supplementary record - Whether notice an answer to objection regarding competency ofappeal.

2 November 1983
October 1983
20 October 1983

Evidence - Experts - Evidence of expert photographer with occasional experience in examining engines and chassis of suspectednumbers - Unsafe to base conviction on uncorroborated  testimony ofsuch expert. Evidence - Credibility - Trial court’s finding as to credibility of witness usually binding on appeal court. Evidence - Experts - Requirements.

20 October 1983
20 October 1983

Civil Practice and Procedure - Jurisdiction ofPrimary Courts in cases involving title orinterest to landregistered underthe Land Registration Ordinance, Cap. 334- Section 14 ofthe Magistrates ’ Courts Act, Cap. 537. Land Law - Compensation in respect of contribution made to G property.

20 October 1983
20 October 1983
20 October 1983
September 1983
5 September 1983
5 September 1983
5 September 1983
5 September 1983

Evidence — Confession — Confession to police officer — Admissibility in evidence
— Effect of the 1980 amendment to S.27 of the Law of Evidence Act. 1967.
Criminal law — Malice-aforethought — Brutal nature of the killing -— Whether
. malice-aforethought proved..

5 September 1983
August 1983
4 August 1983
1 August 1983
1 August 1983
1 August 1983
July 1983
29 July 1983
29 July 1983
25 July 1983
25 July 1983
25 July 1983
25 July 1983
5 July 1983
5 July 1983
5 July 1983
5 July 1983
June 1983
25 June 1983
16 June 1983