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

11 judgments

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11 judgments


December 1993
Pascal Kitigwa vs Republic (Criminal Appeal No. 161 of 1991) [1993] TZCA 156 (15 December 1993) Reported Criminal law — Criminal practice and procedure — Penal legislation — Retrospective application of penal legislation — Sentence imposed came into operation after commission of the offence — Whether proper — Right of the accused to be defended by advocate — Trial court ordered trial to proceed in the absence of defence advocate — Consequences thereof Evidence — Accomplice’s evidence — Whether court may convict on accomplice’s evidence without corroboration — corroboration — What may constitute corroborative evidence — Whether evidence of a co-accused may form the basis of conviction	15 December 1993
Mohamed Hassan @ Mzigo vs Republic (Criminal Appeal No. 130 of 1993) [1993] TZCA 66 (14 December 1993) Minimum Sentences Act requires five years for theft from a public corporation; court substituted five‑year term despite appellant's age. Criminal law — sentencing — application of leniency under section 6, Minimum Sentences Act (MOSOA) 1972 — Section 6(1) requires identifiable special circumstances before imposing less than statutory minimum — Minimum Sentences Act, 1972 — Theft from public corporation (scheduled authority) attracts statutory minimum sentence	14 December 1993
Pacal Mwita and Two Others vs Republic (Criminal Appeal No. 124 of 1993) [1993] TZCA 151 (14 December 1993) Reported Criminal law — Theft — Accessory after the fact of stealing — Stealing by agent	14 December 1993
Daudi Njige vs Republic (Criminal Appeal No.18 of 1993) [1993] TZCA 68 (13 December 1993) Eyewitness identification supported by a blood‑stained knife and post‑mortem findings upheld a murder conviction; appeal dismissed. Criminal law — Murder — identification evidence — Credibility of eyewitnesses — Minor contradictions not fatal — possession of blood‑stained knife and post‑mortem consistent with stabbing — Appeal dismissed	13 December 1993
Godison Ndobho vs Republic (Criminal Appeal No. 22 of 1993) [1993] TZCA 149 (13 December 1993) Reported Criminal law — Acquittal of PW1 in a charge of assault before a Primary Court in which the appellant was the complainant — Whether a bar to P.W.l to complain against the appellant in a charge of assault in a Evidence — Acquittal of P. W.l in a charge of assault before a Primary Court in which the appellant was the complainant — Whether a bar to P. W.l to complain against the appellant in a charge of assault in	13 December 1993
Mohamed Musaro vs Republic (Criminal Appeal No. 65 of 1993) [1993] TZCA 67 (13 December 1993) Conviction for robbery quashed where identification and provenance of recovered property were unreliable, causing miscarriage of justice. Criminal law — possession of alleged stolen property — provenance and timing — Robbery with violence — Identity evidence — reliability of torchlight and voice identification — second appeal under s.6(7) Appeals Judicature Act 1979 — intervention where findings of fact are perverse or miscarriage of justice	13 December 1993
Mohamed Musero vs Republic (Criminal Appeal No. 99 of 1993) [1993] TZCA 150 (13 December 1993) Reported Civil procedure — Appeals — second appeal — Where findings of fact or inferences are perverse — Whether Court of Appeal can intervene Criminal law — Criminal practice and procedure -identification — Use of torch light in identifying thieves — Whether reliable	13 December 1993
Stephano Ndagizi and Another vs Republic (Criminal Appeal No. 24 of 1992) [1993] TZCA 155 (13 December 1993) Reported Criminal law — Criminal practice and procedure — Charges — Robbery with violence — Two distinct offences attracting distinct punishments — Cognate offences and substituted conviction — Armed robbery and robbery with violence — Whether a conviction for armed robbery may be substituted for robbery with violence	13 December 1993
The Director of Public Prosecutions vs Ramadhani Hamisi (Criminal Appeal No. 188 of 1989) [1993] TZCA 48 (13 December 1993) Court upheld manslaughter conviction where dying declaration materially contradicted eyewitnesses on premeditation. Criminal law — murder versus manslaughter — malice aforethought Criminal procedure — Role of assessors — Trial judge's power to reject assessors' conclusions when other evidence impeaches them Evidence — Dying declaration — weight limited where inconsistent with witness testimony and unreliable corroboration	13 December 1993
The Director of Public Prosecutions vs Yanlinga Paulo (Criminal Appeal No. 96 of 1988) [1993] TZCA 44 (13 December 1993) Acquittal upheld because confession was not proved voluntary and circumstantial evidence left reasonable doubt. Criminal law — Murder — admissibility and voluntariness of confessions — repudiated/retracted confessions and need for corroboration	13 December 1993
The Director of Public Prosecutions vs Johnson Kabuibire (Criminal Appeal No. 126 of 1989) [1993] TZCA 49 (3 December 1993) Whether an appellate court may overturn an acquittal where falsified pay‑in slips and consistent discrepancies show a theft modus operandi. Criminal law — appellate review — acquittal set aside where record supports District Court conviction — Documentary evidence — irregular/falsified pay‑in slips and cheque possession — Remedy — restoration of conviction, imprisonment and restitution — Theft from employer — employee entrusted with cash and cheques — discrepancies between cash receipts and bank deposits	3 December 1993

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