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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
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https://jmap.judiciary.go.tz/jmap/jmap-coa
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Citation
Judgment date
December 1992
Mariam Abdalla Fundi vs Kassim Abdalla Farsi (Civil Appeal No. 7 of 1991) [1992] TZCA 42 (22 December 1992)
22 December 1992
Principal Secretary Ministry of Defence and National Service (Civil Appeal No. 33 of 1992) [1992] TZCA 47 (18 December 1992)
18 December 1992
Principal Secretary, Ministry of Defence and National Service v Valambhia (1992 TLR C.A. 387) [1992] TZCA 115 (18 December 1992)

Civil Practice and Procedure - Court ofAppeal Rules - Letter to Registrar applying for copy ofproceedings - Copy ofletter not E served on respondent - Whether applicant is duty bound to serve copy ofletter to Registrar to respondents - Whether there is a time limit within which to serve copy ofthe letter- Rule 83 (i) of the Court ofAppeal Rules construed. Civil Practice and Procedure - Court ofAppeal Rules - Notice of F motion does not specify reliefsought - Accompanying affidavit specifies reliefsought - Oral address specifies reliefsought - Whether the affidavit and/or the oral address specifying relief sought can take care ofthe inadequacy in notice ofmotion. Civil Practice and Procedure - Court ofAppeal Rules - Application G for extension oftime to serve respondents with copy ofletter to Registrar applying for copy of proceedings not mentioned in notice of motion - Relief sought specified in affidavit and mentioned when orally addressing the Court - Whether applicationfor extension oftime properly before the court. H * -Civil Practice and Procedure - Court ofAppeal Rules - Payment of courtfees and securityfor costs by Government - Government expressly exemptedfrompaying courtfees in respect ofcriminal applications and criminal appeals before the Court ofAppeal - Rules are silent on payment ofcourtfees and securityfor costs I by Government in respect ofcivil matters before Court ofAppeal Whether Government to pay courtfees and securityfor costs in respect ofcivil matters before the Court ofAppeal. Civil Practice and Procedure - Court of Appeal Rules - Long established tradition that Government does not pay court fees and security for costs - Whether such tradition can be a basis B for exempting Governmentfrom paying courtfees and security for costs in respect ofcivil matters before the Court ofAppeal. Civil Practice and Procedure - Court ofAppeal Rules - Application for extension of time to pay courtfees and security for costs - illegality ofdecision being challenged - Whethersufficientreason C to allow the application

 18 December 1992
Richard v Hoza (1992 TLR C.A. 385) [1992] TZCA 114 (18 December 1992)

Land Law - Disposition ofland - Failure to comply with Regulation 3(1) ofthe Land Regulations, 1948 - Effect. Contract - Delay in payment ofbalance ofprice - Repeated demand letters - Whetherright to be paidas per contract thereby waived - Whether breach ofcontract - Whether right to rescind contract C accrues

 18 December 1992
Mwakabura v Republic (1992 TLR C.A. 380) [1992] TZCA 113 (17 December 1992)

Statutory interpretation - Offence committed before a new law came into force - Whether offence punishable under the new law - S.49 Interpretation ofLaws and General Clauses Act, 1972.

 17 December 1992