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.
4 judgments

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4 judgments
Citation
Judgment date
April 2007
Irregular transfer and null preliminary hearing did not vitiate trial; conviction and death sentence for murder upheld.
Criminal procedure — High Court transfer of cases — s.173(2) vs s.256A(1) — invalid transfer to Resident Magistrate with extended jurisdiction. Criminal procedure — Preliminary hearing under s.192 — admissibility/effect when case not validly transferred — nullity. Appeal — omission of preliminary hearing and reference to material from a nullity — whether miscarriage of justice requiring retrial. Substantive law — murder vs self-defence — sufficiency of evidence and mandatory death sentence.
24 April 2007
Recent possession, voluntary cautioned statements and reliable circumstantial evidence upheld most convictions; dock identification without parade unsafe.
Criminal law – armed robbery – visual identification and dock identification – need for identification parade; Evidence Act s.122 – doctrine of recent possession; Criminal Procedure Act ss.230, 231 – accused’s right to be put to defence; voluntariness and admissibility of cautioned/confessional statements – trial-within-a-trial; in-camera evidence under s.186(1)(b) C.P.A.
19 April 2007
Typographical mis-citation is curable and pleadings for the interlocutory chamber application satisfied Rule 89(1)(c).
Civil procedure – Appeal competence – Effect of incorrect citation of lower court case number – curable typographical error. Court of Appeal Rules, 1979 – Rule 89(1)(c) – required contents of record of appeal – pleadings relevant to interlocutory/chamber applications. Interlocutory appeals – pleadings for chamber applications (affidavit, counter-affidavit, reply) satisfy Rule 89(1)(c) where appeal arises from the interlocutory ruling.
19 April 2007
Reported
Fraudulent alteration of debenture voided receiver’s appointment, but chattels mortgage sale valid; defendant awarded outstanding debt.
Companies Act s.79 – registration of charges; fraudulent alteration of debenture – vitiates instrument and registration; Chattels Transfer Act – non-registrable chattels mortgage by a company nevertheless valid inter partes; appointment of receiver under void debenture invalid; seizure and sale under valid chattels mortgage and ratification by debtor; counterclaim for outstanding secured debt and interest.
13 April 2007