Court
of Appeal of Tanzania is a creature of section 117 of the Constitution of the
United Republic of Tanzania, 1977. It comprises the Chief Justice and not less
than two other Justices of Appeal but the full bench is not less than five
Justices of Appeal. However, Court of Appeal of Tanzania ordinarily sits as a
panel of three Justices of Appeal except in chamber applications before a
single judge
The
Court of Appeal works and discharges its judicial duties in accordance with the
provisions of The Tanzania Court of Appeal Rules, 2009. These provide the
procedure to be followed and are made by the Chief Justice under section 12 of
the Appellate Jurisdiction Act 1979.
According
to Constitution, Court of Appeal of Tanzania as the highest court of the land has
territorial jurisdiction over Tanzania mainland and Zanzibar. The Court of
Appeal of Tanzania was established on 15th August, 1979, after the collapse of East African
community and was inaugurated by President Julius K. Nyerere
on 22nd October, 1979.
Court
of Appeal of Tanzania as the highest court of the land has territorial
jurisdiction over Tanzania mainland and Zanzibar. There are also three
jurisdiction provided under the constitution which are Appellate
Jurisdiction, Revisional Jurisdiction and Jurisdiction of Review.
·
Territorial jurisdiction.
This
is the court power to hear matters arising in the specified geographical area
whereas the jurisdiction of the court depends on the territorial limits of the
court. According to the Constitution of United Republic of Tanzania, the court of
Appeal is the highest and superior court of the land whereas its territorial
jurisdiction or geographical limit is over Zanzibar and in Tanzania mainland.
That means the court of Appeal power in Tanzania doesn’t go beyond the
geographical boundaries of Zanzibar and Tanzania mainland.
·
Jurisdiction of review.
The
jurisdiction of review is the power of the court to revisit or correct its
previous decision whereas a court may have a power to re examine its own
decision and in that case court is said to have review jurisdiction. In the
court of appeal the court may review its judgment or order, subject to
specified conditions. Thus is the power of the court to determine the legality
of the decision of administrative tribunals or actions of administrator(s).
·
Appellate jurisdiction.
This
is the power of the court to hear the matter on appeal. It means the matter has
already been heard by the lower Court. E.g. Appeal from District/R. Magistrate
Court to the High Court. According to section 4 and 6 of the appellate acts,
the court of appeal shall have jurisdiction to hear and determine appeals from
the high court and from the subordinate courts with extended jurisdiction.
·
Revision jurisdiction.
Revision
jurisdiction is the power vested in the superior court to examine the records
of an inferior court in order to satisfy itself as to the correctness, legality
or propriety of any decisions orders made by such lower or inferior courts. In
the court of appeal has the authority to call for and examine the record of any
proceeding before the High court for the purpose of satisfying itself as to
legality, or propriety of any findings.
Note;
Every
court jurisdiction before entertaining any case it has to satisfy itself, that
it has jurisdiction as failure to observe this fundamental requirement of law
will lead the judgment of such a court to be null and void where upon the
accused or part in default will be set free
................By Faith Gabriella.
