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.

Visit website

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

11 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

11 judgments

Citation	Judgment date
December 2014
Chamba Ndangamila vs Republic (Criminal Appeal No. 209 of 2014) [2014] TZCA 262 (12 December 2014) A prisoner who timely notifies intention to appeal may get extension where prison authorities' delay prevented filing. Criminal procedure - sections 361(1) and 363 CPA - prisoner’s notice of intention to appeal - duty of prison authorities to transmit appeal documents - extension of time where delay attributable to prison officials - reasonableness of affidavits from prison officers.	12 December 2014
DPP vs Yussuf Mohamed Yussuf (Criminal Appeal No. 331 of 2014) [2014] TZCA 266 (11 December 2014) Failure to prove the dates specified in the charge is a fatal defect; conviction unsustainable and appeal dismissed. Criminal law – Particulars of offence – Necessity to prove the date/period alleged in the charge – Material uncertainty as to time vitiates conviction. Criminal procedure – Duty of the prosecution – Correct framing of charges and proving particulars at trial Evidence – Inconsistency between charge sheet and witness testimony (child victim and medical examiner) – Fatal defect not curable under s.394(1)(a) CPA	11 December 2014
Kabula d/o Luhende vs Republic (Criminal Appeal No. 281 of 2014) [2014] TZCA 2242 (11 December 2014) Trial judge’s pre-formed conclusion of guilt and reliance on unadmitted statements denied the appellant a fair trial; retrial ordered. Criminal procedure – fair trial – impartial tribunal – trial judge forming conclusive view of guilt before defence heard amounts to bias and vitiates trial Evidence – alleged confessional statements – reliance on statements not tendered in evidence is improper. Constitutional law – Article 13(6)(a) right to fair hearing; international fair trial guarantees Remedy – nullification of trial, conviction and sentence; retrial ordered where public interest permits	11 December 2014
Mathias s/o Masaka vs Republic (Criminal Appeal No. 274 of 2009) [2014] TZCA 272 (11 December 2014) Appellate court reduced a manifestly excessive manslaughter sentence after trial judge failed to weigh key mitigating factors. Criminal law – Sentencing – Reduction of sentence for manslaughter – Appellate interference where sentence is manifestly excessive or material mitigating factors ignored. Sentencing principles – Weight of guilty plea, intoxication, remand custody and family dependents as mitigating factors – Aim of punishment is reformation Procedure – Trial judge must state and consider specific mitigating factors and articulate sentencing objective	11 December 2014
Hammers Incorporation Co. LTD vs Board of Trustees of Cashewnut Industry Development Trust Fund (Civil Application No. 166 of 2014) [2014] TZCA 2411 (10 December 2014) Striking out a notice of appeal does not automatically vacate a previously granted stay; Rule 64(2) must be invoked. Civil procedure — striking out notice of appeal (Rule 89(2)) — effect on stay orders — stay operates independently of notice of appeal — variation/vacation of stay requires Rule 64(2) — relief must be supported by specific rule (Rule 48(1)) — limited role for general discretion (Rule 4).	10 December 2014
Mathias s/o Masaka vs Republic (Criminal Appeal No. 274 of 2009) [2014] TZCA 2233 (10 December 2014) Court reduced a seven-year manslaughter sentence for failure to consider key mitigating factors, ordering immediate release. Criminal law – Sentencing – Manslaughter – Whether a custodial sentence is manifestly excessive where trial judge failed to specify consideration of material mitigating factors (first offender status, intoxication, lengthy remand, guilty plea, family dependence, ill-health) – Remedy: reduction to time already served resulting in immediate release.	10 December 2014
Samwel s/o David vs Republic (Criminal Appeal No. 185 of 2014) [2014] TZCA 276 (5 December 2014) Appellant’s provocation defence rejected; killing found premeditated, conviction and death sentence upheld. Criminal law – Murder – provocation – requirement of sudden loss of self-control; timing of alleged provocation crucial. Confessional statements – admissibility and evidential weight; corroboration by post-mortem injuries. Forensic pathology – nature and severity of wounds as evidence of premeditation versus accident Appeal – appellate review of trial judge’s assessment of credibility and assessors’ unanimous verdict	5 December 2014
Tanzania Revenue Authority vs Yusuph Juma Yusuph (Civil Application No. 2 of 2014) [2014] TZCA 2381 (5 December 2014) Extension of time granted where late supply of the decree (required for stay application) constituted good cause. Civil procedure – extension of time – Rule 10 Court of Appeal Rules – discretionary power to extend time on good cause shown. Stay of execution – Rule 11(2)(c) – requirement to attach copy of decree to application for stay – late supply of decree as ground for extension. Unopposed applications – absence of affidavit in reply strengthens grant of relief when good cause shown	5 December 2014
Azaram Mohamed Dadi vs Abilah Mfaume (Civil Appeal No. 1 of 2014) [2014] TZCA 2380 (3 December 2014) An appeal instituted after the 60‑day rule 90(1) period without extension is time‑barred and was struck out. Civil procedure – Appeals – Time limits – Rule 90(1) Court of Appeal Rules – appeal must be instituted within 60 days of lodging notice – failure to institute within 60 days without applying under rule 10 for extension renders appeal incompetent and liable to be struck out; Court may raise procedural non‑compliance suo motu; costs where defect raised by Court.	3 December 2014
Bakari Hamisi Ling'ambe vs Republic (Criminal Appeal No. 161 of 2014) [2014] TZCA 260 (3 December 2014) Conviction for rape of a three‑year‑old upheld on corroborated evidence; compensation order set aside for lack of hearing on ability to pay. Criminal law – rape of a child – conviction based on flagrante delicto, corroborated eyewitness and medical evidence; proof of penetration in a toddler Evidence – single witness sufficiency and corroboration; not every discrepancy will defeat prosecution Procedure – compensation order requires assessment of accused’s means and right to be heard Sentencing – mandatory life imprisonment under section 131(3) upheld	3 December 2014
Said Mshangama @ Senga vs Republic (Criminal Appeal No. 8 of 2014) [2014] TZCA 2379 (2 December 2014) Appeal allowed: conviction quashed due to inadequate circumstantial evidence and faulty summing up to assessors. Criminal law – Murder – Circumstantial evidence — requirement that inculpatory facts exclude every reasonable hypothesis of innocence; Evidence – Search and seizure — improperly conducted search vitiates recovered evidence; Criminal procedure – Dying declaration — need for corroboration where relied upon for conviction; Practice — inadequate summing up to assessors on vital legal point renders trial a nullity.	2 December 2014