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

17 judgments

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17 judgments

Citation	Judgment date
November 1994
Lausa Alfan Salum and Others vs Minister For Lands Housing and Urban Development and Another (Civil Appeal No. 15 of 1994) [1994] TZCA 94 (9 November 1994)	9 November 1994
Salum and Others v Minister for Lands, Housing and Urban Development and National Housing Corporation (Civil Appeal No 15 of 1994) [1994] TZCA 143 (9 November 1994) Rent Restriction - Powers of the Minister to grant exemption - Sec- tion 2(l)(b) of the Rent Restriction Act, 1984. Administrative Law - Ultra vires Doctrine - Whether Government G Notice 41 of 1992 granting exemption to the National Housing Corporation was ultra vires - Exempts - Specified parastatal in- stead opd class ofpremises as provided by s 2(1) (c) of the Rent Restriction Act, 1984. Constitutional Law - Whether GN 41 of 1992 was discriminatory H contrary to article 13(2) of the Constitution ofthe United Repub- lic of Tanzania. " Constitutional Law - Whether GN 41 of 1992 was arbitrary - contra- ry naturaljustice and equality before the law. Constitutional Law - Drafted in so wide terms as to net even untar- I geted groups - Whether saved by article 30(2) ofthe Constitution.	9 November 1994
September 1994
Kasongi Yabisa vs Republic (Criminal Appeal No. 160 of 1993) [1994] TZCA 78 (20 September 1994)	20 September 1994
Yabisa v Republic (Criminal Appeal No. 160 of 1993) [1994] TZCA 135 (20 September 1994) Criminal law - Murder - Witchcraft - As a defence to murder - when witchcraft can constitute a defence to a charge ofmurder	20 September 1994
August 1994
Tall v Republic (Criminal Appeal No 35 of 1994) [1994] TZCA 124 (17 August 1994) Criminal Law - Murder - Malice aforethought - Whether malice aforethought may he inferred from the amount of force used - Whether conduct may be indicative ofmalice.	17 August 1994
Cosmas Nicodemo and Another vs Republic (Criminal Appeal No. 165 of 1993) [1994] TZCA 80 (12 August 1994)	12 August 1994
Masolele General Agencies v African Inland Church Tanzania (Civil Appeal No 13 of 1994) [1994] TZCA 123 (9 August 1994) Civil Practice and Procedure - Claim for loss ofprofits - Needfor specific proofofspecific claims - Burden ofproof.	9 August 1994
Luhiye v Republic (Criminal Appeal No 77 of 1993) [1994] TZCA 120 (1 August 1994) Criminal Practice and Procedure - Trial with assessors - Assessors not given opportunity to cross-examine witnesses individually - Effect thereof Evidence - Confession made involuntary - Circumstances of confes- sion not seriously and comprehensively considered by the court - Whether proper. Evidence - Corroboration - Uncorroborated retracted confession - Whether courts may convict on a retracted confession without cor- roboration.	1 August 1994
Lukago v Republic (Criminal Appeal No 75 of 1993) [1994] TZCA 122 (1 August 1994) Criminal Law — Murder - Contradictions in evidence regarding circumstances in which deceased was killed — Whether may be relied on for conviction ofmurder.	1 August 1994
Masolwa v Republic (Criminal Appeal No 798 of 1993) [1994] TZCA 121 (1 August 1994) Criminal Practice and Procedure - Identification of an accused — Identification in conditions not favourable - Whether reliable.	1 August 1994
Micheal Luhiye vs Republic (Criminal Appeal No. 77 of 1993) [1994] TZCA 81 (1 August 1994)	1 August 1994
July 1994
Juma v Republic (Criminal Appeal No 105 of 1993) [1994] TZCA 119 (25 July 1994) Evidence - Evidence of a child oj tender years - Whether such evi- dence may he received without a voire dire - Section 127(2) ofthe Evidence Act 1967. Evidence - Evidence of a child of tender years - Corroboration - q Whether a child’s evidence may be corroborated by the defence evidence of the accused. CriminalJ^aw - Robbery with violence - Appropriate sentence for robbery with violence - Sections 285 and 286 of the Penal Code, and the Minimum Sentences Act 1972 as amended by Act No 10 of 1989.	25 July 1994
Mgire v Republic (Criminal Appeal No 51 of 1994) [1994] TZCA 118 (25 July 1994) Criminal Practice and Procedure - Appeal - Summary dismissal of appeal- Whether summary dismissal ofappeal without re-appraisal of evidence proper.	25 July 1994
Robert s/o Mgire vs Republic (Criminal Appeal No. 51 of 1994) [1994] TZCA 95 (25 July 1994)	25 July 1994
Rungu Juma vs Republic (Criminal Appeal No. 105 of 1993) [1994] TZCA 82 (25 July 1994)	25 July 1994
June 1994
Robert S.O Mgire vs The Republic (Criminal Appeal 51 of 1994) [1994] TZCA 56 (15 June 1994)	15 June 1994
January 1994
Mulibo v Bukop Ltd - Bukoba (Civil Appeal No 14 of 1994) [1994] TZCA 138 (1 January 1994) Civil Practice and Procedure — Change ojjudge before concluding the trial - Whether proper - Order 17 Rule 10 of the Civil Procedure Code 1966. Labour Law - Summary dismissal of employee - Meaning of 'em- ployee' in cases of summary dismissal - Sections 4 and 28(1) of q the Security ofEmployment Act 1964 as amended by Act No 45 of 1969. ‘ Labour Law - Meaning of 'employee' under the Security of Employ- ment Act 1964 - Whether the opinion of the Labour Officer is binding on the court.	1 January 1994