A party is dissatisfied with the decision of the High Court in the exercise of its original civil jurisdiction. What is the proper appellate route and governing law?

A party is dissatisfied with the decision of the High Court in the exercise of its original civil jurisdiction. What is the proper appellate route and governing law?

Answer: Where a party is aggrieved by a decision of the High Court made in the exercise of its original civil jurisdiction, the proper appellate procedure is to file an appeal to the Court of Appeal of Tanzania. This right is conferred under section 5(1)(a) of the Appellate Jurisdiction Act, Cap. 141 R.E. 2019. The appeal must be against a final decree or order which finally disposes of the matter. However, where the decision relates to matters falling under Head (c) of Part III of the Magistrates’ Courts Act (such as appeals from subordinate courts in the exercise of appellate, revisional or extended jurisdiction), the appellant must first obtain a certificate on a point of law under section 5(2)(c) of the Appellate Jurisdiction Act, unless the appeal arises from a decree. The appellate process begins with filing a notice of appeal within 30 days from the date of the decision, followed by submission of a memorandum of appeal and a properly compiled record. The Civil Procedure Code does not govern this process; instead, it is regulated by the Appellate Jurisdiction Act and the Court of Appeal Rules, 2009 (as amended). Failure to comply with procedural requirements, including the timely filing of documents and obtaining mandatory certificates, may render the appeal incompetent and liable for rejection at the preliminary stage.

Complex Answer: Where a party is aggrieved by a decision of the High Court in civil proceedings exercised under its original jurisdiction, the right to appeal to the Court of Appeal of Tanzania is governed by section 5 of the Appellate Jurisdiction Act, Cap. 141 R.E. 2019. According to subsection (1)(a), an appeal lies as of right against every decree of the High Court, including preliminary and ex parte decrees, made under the Civil Procedure Code, Cap. 33, in its original jurisdiction. Under subsection (1)(b), an appeal also lies as of right against specific types of orders made by the High Court in original jurisdiction primarily those concerning arbitration proceedings, orders under section 95 of the CPC relating to compensation for arrest or injunctions, and orders involving the imposition of fines or civil imprisonment except when arising from execution of a decree. Additionally, appeals may be brought against any order specified in Order XLIII Rule 1 of the Civil Procedure Code or any High Court rule substituting or amending that provision.

In all other cases, under subsection (1)(c), an appeal lies only with leave of either the High Court or the Court of Appeal. This includes appeals from any decree, judgment, order, decision, or finding not covered under the automatic right of appeal.

However, subsection (2) of section 5 imposes critical limitations on these appeal rights:

• Under subsection (2)(a), no appeal lies without leave of the High Court against (i) a consent decree or order, or (ii) an order as to costs only, where the costs are in the discretion of the court.
• Under subsection (2)(b), a party who fails to appeal against a preliminary decree may not later dispute its correctness in an appeal against the final decree, unless they had first obtained leave from the Court of Appeal.
• Under subsection (2)(c), where the High Court makes a decision under Head (c) of Part III of the Magistrates’ Courts Act, Cap. 11, that is, in the exercise of appellate or revisional jurisdiction over matters originating from primary courts, no appeal shall lie unless the High Court certifies that the decision involves a point of law.
• Finally, subsection (2)(d) bars both appeals and applications for revision against preliminary or interlocutory decisions of the High Court unless such decisions have the effect of finally determining the suit.

Therefore, an aggrieved party must carefully assess whether the decision they seek to appeal falls within the category of automatically appealable decrees or orders under subsection (1), or if it is subject to restrictions or requires prior leave or certification under subsection (2). Procedural compliance, including filing a notice of appeal within 30 days, and in appropriate cases seeking leave or a certificate on a point of law, is essential to maintain the competence of the appeal. Failure to observe these statutory requirements may render the appeal incompetent and liable to be struck out.

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