Act No.15
of 1984
Art.22 and
Art.25
(2) Subject to the provisions of this Constitution or of any other law
enacted by Parliament, where any law enacted by Parliament and which is
applicable in Mainland Tanzania and also in Tanzania Zanzibar vests any power
in the High Court, then the High Court of Zanzibar may exercise that power
concurrently with the High Court of the United Republic.
PART V
THE COURT OF APPEAL OF THE UNITED REPUBLIC
Interpretation
Act No.15
of 1984
Art.25
and 26
Act No.1
of 2005
Art.21
116.-(1) Subject to the provisions of subarticle (2), the Chief Justice shall
have no power over any matter concerning the structure and administration of the
day-to-day business of the courts established in accordance with the Constitution
of Zanzibar, 1984, or any law of Tanzania Zanzibar.
(2) The Chief Justice shall, from time to time, consult with the Chief
Justice of Zanzibar concerning the administration of the business of the Court of
Appeal in general, and also concerning the appointment of Justices of Appeal.
Court of
Appeal of the
United
Republic and
its jurisdiction
Act No.14
of 1979
Art.8
Act No.15
of 1984
Art.27
117.-(1) There shall be a Court of Appeal of the United Republic (to be
referred to in short as “the Court of Appeal”) which shall have the jurisdiction of
the Court of Appeal as provided in this Constitution or any other law.
(2) The Court of Appeal shall not have any jurisdiction in arbitration of
any matter which is to be dealt with in accordance with the provisions of Article
126 of this Constitution concerning a dispute between the Government of the
United Republic and the Revolutionary Government of Zanzibar.
(3) The functions of the Court of Appeal shall be to hear and determine
every appeal brought before it arising from the judgment or other decision of the
High Court or of a magistrate with extended jurisdiction.
(4) A law enacted in accordance with the provisions of this Constitution
by Parliament or by the House of Representatives of Zanzibar may make
provisions stipulating procedure for lodging appeals in the Court of Appeal, the
time and grounds for lodging the appeals and the manner in which such appeals
shall be dealt with.
Chief Justice
and Justices of
Appeal and
their
appointments
Act No.14
of 1979
Art.8
Act No.15
of 1984
Act No.7
of 1994
Ar.8(1), (k)
Art.28
Act No.1
of 2005
118.-(1) There shall be a Chief Justice of the Court of Appeal (who in the
subsequent Articles of this Constitution shall be referred to in short as “the Chief
Justice”) and not less than four other Justices of Appeal; save that a full bench of
the Court of Appeal shall consist of not less than five Justices of Appeal.
(2) The Chief Justice shall be appointed by the President from amongst
persons who possess qualifications to be appointed as a Justice of Appeal and
shall be the Head of the Court of Appeal and of the Judiciary as defined in Article
116 of this Constitution and shall hold the office of a Chief Justice until he attains
the retirement age of the Justice of Appeal, except if
(a)
he resigns;
(b)
his office becomes vacant on grounds of illness or death; or
(c)
he is removed from the post of the Chief Justice by President.
(3) The other Justices of Appeal shall be appointed by the President after
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