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 in civil proceedings exercised under its original jurisdiction, the proper appellate route is an appeal to the Court of Appeal of Tanzania. This right is governed by section 8 of the Appellate Jurisdiction Act, Cap. 141 R.E. 2023.

Under section 8(1), an appeal lies as of right to the Court of Appeal against every decree or order of the High Court, including ex parte and preliminary decrees, made in the exercise of its original, appellate, or revisional jurisdiction, unless any other written law provides otherwise.

However, section 8(2) imposes statutory limitations. Leave of the High Court is required to appeal against consent decrees, orders as to costs only where costs are discretionary, and any other decision not falling under subsection (1). Further, no appeal lies against decisions of the High Court made under Head (c) of Part III of the Magistrates’ Courts Act unless the High Court certifies that the decision involves a point of law. Additionally, no appeal or revision lies against preliminary or interlocutory decisions unless they finally determine the suit.

The appellate process is governed by the Appellate Jurisdiction Act and the Court of Appeal Rules, 2009 (as amended), not the Civil Procedure Code. Failure to comply with statutory requirements, including obtaining leave or certification where required, renders the appeal incompetent.

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