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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.

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https://jmap.judiciary.go.tz/jmap/jmap-coa

7 judgments

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7 judgments


October 1993
Hamisi Meure vs Republic (Criminal Appeal No. 112 of 1993) [1993] TZCA 86 (25 October 1993) Conviction upheld: improperly admitted JP evidence and confession excluded, but reliable identification and recent possession sustain conviction. Criminal procedure — Corroboration — recent possession of stolen property as support for identification-based conviction — Evidence — extra‑judicial statements/confessions — retracted confessions and caution in reliance — Identification evidence — evaluation of inconsistencies between police statement and court testimony — witness whose statement was not read at committal — mandatory requirement of reasonable written notice	25 October 1993
Hamis Meure vs Republic (Criminal Appeal No. 112 of 1993) [1993] TZCA 136 (25 October 1993) Reported Criminal law — Criminal practice and procedure — Statement of Witness or substance of evidence not read at committal proceedings — Whether witness can testify for prosecution at the trial — Witness — Notice to accused or Advocate of intention to call witness — Contents of such notice Evidence — Extra-judicial statement retracted at trial- Whether it can be relied upon	25 October 1993
Lokomei Logani vs Republic (Criminal Appeal No. 48 of 1991) [1993] TZCA 111 (25 October 1993) An order of compensation under s.348(1) is part of the sentence; appeals against its severity under s.6(7)(a) are incompetent. Criminal procedure — Compensation — Compensation forms part of sentence — Appeals — Appeal against compensation incompetent	25 October 1993
Magendo Paul and Another vs Republic (Criminal Appeal No. 89 of 1993) [1993] TZCA 85 (25 October 1993) Post-mortem and circumstantial evidence established murder despite defence claim of suicide; appeal dismissed. Criminal law — Evidence law — fanciful or remote possibilities do not create reasonable doubt — forensic evidence — post‑mortem findings disproving hanging and showing death by eye perforation and hemorrhage — Murder — circumstantial evidence — sufficiency of inference from custody, control of keys and guarding to prove accused caused death	25 October 1993
Magendo Paul and Another vs Republic (Criminal Appeal No. 99 of 1993) [1993] TZCA 137 (25 October 1993) Reported Evidence — Strong circumstantial evidence — Only remote possibility left in favour of an accused — Whether sufficient proof of charge established	25 October 1993
Salim Sunderji and Another vs Sadrudin Shariff Jamal (Civil Application No. 10 of 1993) [1993] TZCA 138 (25 October 1993) Reported Civil procedure — Court of appeal rules — Notice of Appeal — Service of Notice of Appeal — Proof of service of notice on the Respondent — Rule p 77 — Notice of Appeal and letter of application for copy of High Court proceedings — Non-service of Notice of Appeal and copy of application letter: consequences thereof	25 October 1993
Siki Askaris 83 KJ Kiluvia and 51 Others vs Abdul Wakab Abbas (Civil Appeal No. 3 of 1993) [1993] TZCA 87 (14 October 1993) Respondent’s registered right of occupancy upheld; only three appellants who developed land pre-dispute entitled to compensation. Land law — Right of occupancy	14 October 1993