Court of Appeal of Tanzania

This is the highest level in the justice delivery system in Tanzania. The Court of Appeal draws its mandate from Article 117(1) of the Constitution of the United Republic of Tanzania. The Court hears appeals  on both point of law and facts for cases originating from the High Court of Tanzania and Magistrates with extended jurisdiction in exercise of their original jurisdiction or appellate and revisional jurisdiction over matters originating in the District Land and Housing Tribunals, District Courts and Courts of Resident Magistrate. The Court also hears similar appeals  from quasi judicial bodies of status equivalent to that of the High Court. It  further hears appeals  on point of law against the decision of the High Court in  matters originating from Primary Courts. The Court of Appeal also exercises jurisdiction on appeals originating from the High Court of Zanzibar except for constitutional issues arising from the interpretation of the Constitution of Zanzibar and matters arising from the Kadhi Court.

Physical address
26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
9 judgments

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9 judgments
Citation
Judgment date
June 1982
Court refused further adjournment for lack of good cause, allowed counsel to withdraw and ordered the appeal to proceed.
Civil procedure — Appeals — Adjournment applications — Court’s discretion to refuse adjournment where delay is unjustified; counsel’s withdrawal at hearing; importance of avoiding unnecessary delays in the hearing of appeals.
8 June 1982
8 June 1982
Conviction upheld where sole witness, a prior acquaintance present at the attack, reliably identified the appellant.
Criminal law – Identification evidence – Single identifying witness – Prior acquaintance, opportunity to observe, contemporaneous recognition and successful identification parade – Trial judge’s direction – Conviction upheld.
7 June 1982

Civil Practice and Procedure-Stay of suit-Whethersuitmay be stayed on application of defendant for matter to be dealt with by Arbitrator- S.6 Arbitration Ordinance, Cap. 15.

7 June 1982
7 June 1982
Appeal allowed: murder conviction reduced to manslaughter where stabbing during a drunk struggle showed no malice aforethought.
Criminal law – Identification evidence in darkness and intoxication – Reliability where witnesses knew accused; Criminal law – Distinction between murder and manslaughter – necessity of malice aforethought; Criminal procedure – Absence of medical evidence/post-mortem – when omission is not fatal; Appellate powers – substituting conviction and sentence.
4 June 1982
Killing during a drunken struggle lacked proof of malice aforethought; murder conviction reduced to manslaughter.
Criminal law – identification evidence – recognition by known witnesses at night despite drinking – reliability accepted. Criminal law – murder v. manslaughter – fatal stab during a struggle and under intoxication may negate malice aforethought. Evidence – missing medical witness/post-mortem report – may not be fatal where death is immediate and described by witnesses.
4 June 1982
Appeal dismissed where lower courts’ factual findings of theft and proper identification of goats were upheld.
Criminal law – Theft – Conviction for stealing livestock – Identification and ownership of animals properly proved; concurrent factual findings upheld. Appeals – Appellate review – No point of law raised – appellate court declines to interfere with factual findings of lower courts.
4 June 1982
Murder conviction overturned where medical evidence showed suffocation with no causal link to the appellant's injuries.
Criminal law – causation – reliance on post‑mortem opinion as to cause of death – appellate review where trial judge rejects medical evidence – substitution of conviction for lesser offence (actual bodily harm) under section 241 Penal Code.
1 June 1982