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.
17 judgments

Court registries

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17 judgments
Citation
Judgment date
December 1991
23 December 1991
23 December 1991
23 December 1991
23 December 1991
17 December 1991
17 December 1991
June 1991

Constitutional Law - Jurisdiction of the High Court to enforce basic
rights enshrined in the Constitution - Judge raises issue of consti-
tutionality without there being a complaint - Whether judge has
jurisdiction.
G Bill ofRights - Procedure andpractice ofthe High Court in enforcing
constitutional bill ofrights - Judge raises issue of constitutionality
without there being any complaint to court - Whether procedurally
proper.

14 June 1991
Reported
14 June 1991
14 June 1991
14 June 1991
14 June 1991
14 June 1991
14 June 1991
11 June 1991
11 June 1991
May 1991
28 May 1991

Constitutional Law - Basic rights enshrined in the Constitution -
'Procedure and jurisdiction of the High Court in enforcing basic
D rights and freedoms - Articles 30(3) and (4) and 108(1) and
(2) of the Constitution. '

Constitutional Law - Constitutional Bill of Rights and its interpreta-
tion - Use ofthe African Charter on Human and People's Rights in

interpreting the Bill of RightA
Bill of Rights and Freedoms - The Right to personal liberty - The
right to bail and circumstances andprocedurefor denying bail to an
accusedperson - Section 148(5)(e) ofthe Criminal Procedure Act
1985 and article 15(2) (a) of the Constitution.
2riminal Practice and Procedure - Bail - Denial of boil in criminal

p trials: Whether violative of the constitutional presumption of inno-
cence - SectionJ48(5)(e) ofthe Criminal Procedure Act 1985 and

article 13j6)(h) of the Constitution _ ..

Constitutional Law - Bill of Rights and Criminal Practice and Pro-
cedure - The Right to Fgunlity before the law: Whether violated by

|G o of bail - Section 148(5)(e) of the Criminal Procedure Act
1985 and article T3f4) and d) of the Constitution
Constitutional Law - Doctrine of Separation of Powers - Statutory
provisions prohibiting the grant of bail - Whether they violate the
doctrine of separation ofpowers

pj Bill of Rights - Derogation Clauses in the Bill of Rights - Circum-
stances in which statutory provisions violating basic rights andfree-
doms may be saved by derogation clauses - Section 148(5)(e) of

the Criminal Procedure Act 1985 and article 30 ofthe Constitution.

16 May 1991