COURT OF APPEAL OF TANZANIA. A Brief Summary of the Procedures and Practices in filling a Civil Appeal in the Court of Appeal under the Court of Appeals Rules.

A Brief Summary of the Procedures and Practices in civil cases at the Court of Appeal under the Tanzania Court of Appeal Rules (2009) and Tanzania Court of Appeal (Amendments) Rules 2017 S/N

STEPS

TIME LINE

1

Letter to the Registrar of the High Court asking for the Copy of the Judgment, Decree and proceedings NOTE: Make sure that the letter is served to the Respondent.

The letter must be filed Within 30 days from the date when the decision is made.

2

Lodge a Notice of Appeal to the High Court.

3

Make an application for leave to Appeal / certificate for leave (if an appeal lies with the certificate or leave).

4

Serve the Notice of Appeal to all parties involved.

5

The Respondent after being served with the notice of Appeal he must lodge in the registry and serve the intended Appellant the Address of his service.

Notice must be filed within 30 days from the date when the decision is made. Leave must be made within 14 days from the date when the decision is made. Within 14 days from the date when the notice of appeal is lodged. Within 14 days after being served with the Notice of Appeal.

COURT OF APPEAL RULES Rule 90(1) & (2)

Rule 83(2)

Rule 46(1)

Rule 84(1)

Rule 86(1)

Shepo Magirari John (Esq) Arbogast Mseke Advocates P.O Box 71452, Dar es Salaam

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11

Lodge a Memorandum of Appeal and the Record of Appeal to the Court of Appeal NOTE: If 60 days from the date of lodging a Notice of Appeal has lapsed and the Registrar has not supplied the Appellant with the copy of the proceedings in the HC, the Appellant shall write to the Registrar asking him to issue him with a Certificate of Delay for purposes of excluding the Time when the proceedings were prepared to run against the Appellant. Serve the Respondent with copies of the said Memorandum and Record of Appeal.

Within 60 days from the date of lodging the Notice of Appeal.

Within 7 days from the date of lodging the Memorandum and the Record of Appeal. Appellant may include any Within 14 days from document which was omitted in the the date of lodging Record of Appeal without leave of the Memorandum the Court. and Record of Appeal. After being served with the Within 30 days from Memorandum and Record of Appeal the date of receipt the Respondent must file a Notice of both the of Cross Appeal if he so desires. Memorandum of Appeal and the Record of Appeal. Serve the Notice of Cross Appeal to Within 7 days after the Appellant. filing the Notice of Cross Appeal the Respondent. If the Respondent desires that the Within 30 days from decision appealed against should be the date of receipt Affirmed on grounds other than or of the Memorandum additional to those relied upon by and Record of the High Court then he will have to Appeal. issue a Notice to that effect.

Rule 90(1) &(2)

Rule 97(1)

Rule 96(1),(2) & (6)

Rule 94(1) & (2)

Rule 101 (1)

Rule 100(2).

Shepo Magirari John (Esq) Arbogast Mseke Advocates P.O Box 71452, Dar es Salaam

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Respondent shall serve such notice to the Appellant.

Within 7 days from the date of lodging the Notice to affirm the decision Appealed against. The Appellant after lodging the Within 60 days from Record of Appeal he must file the date of lodging Written Submission in support of the Record of the Appeal. Appeal. The Appellant after filing Written Within 14 days from Submission he must serve the same the date of filing the to the Respondent. Written Submission. The Respondent must file his reply Within 30 days from to the said Written Submission. the date of receipt of the Appellants Written Submission. When the schedule of Written submissions has been completed the Court shall fix a date of hearing and shall notify the parties or their advocates Presentation of Oral Argument Judgment

Rule 101 (1)

Rule 106(1).

Rule 106(7) Rule 106(8).(as amended by Tanzania Court of Appeal (Amendment) Rules 2017 Rule 106 (11)

Rule 106 (12)

Shepo Magirari John (Esq) Arbogast Mseke Advocates P.O Box 71452, Dar es Salaam