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.
2,030 judgments

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2,030 judgments
Citation
Judgment date
November 2025
A manifest procedural error (withdrawal instead of striking out) justified review under Order XLII Rule 1(b) CPC.
Civil Procedure – Review under Order XLII Rule 1(b) CPC – error apparent on the face of the record – preliminary objection challenging competence – withdrawal versus striking out – correction of manifest procedural error to prevent injustice.
11 November 2025
October 2025
Court upheld rape conviction: the appellant properly identified, witnesses credible, s.34B evidence admissible; cautioned statement expunged.
Criminal law – rape – visual identification – familiarity and failure to cross-examine; witness credibility – naming at earliest opportunity; cautioned statement – defective certification renders it inadmissible; written statements under s.34B (now s.36) – cumulative requirements, notice within ten days and reasonable steps to procure attendance; second appeal – new factual grounds not entertained.
24 October 2025
Application for stay struck out for non‑compliance with Rule 11(7) and material variance between notice and annexures.
* Civil procedure – Stay of execution – Compliance with Rule 11(7) Court of Appeal Rules – mandatory attachments (notice of appeal, decree/order, judgment/ruling, notice of execution). * Civil procedure – Executing Officer’s ruling versus consent decree – appealability and executability as prerequisites to stay relief. * Civil procedure – Consistency required between notice of motion, supporting affidavit and annexures; material variance amounts to abuse of process.
23 October 2025
Court held suit alleged fraudulent transfer, not Registrar's administrative act, and remitted it pending joinder of necessary parties.
* Land law – alleged fraudulent transfer vs administrative deletion of name – distinction determines proper forum and procedure under Land Registration Act. * Jurisdiction – section 102 Land Registration Act inapplicable where cause of action is civil fraud, not an appealable act by the Registrar. * Civil procedure – necessary parties and duty of the court to add them under Order 1 rule 10(2) CPC to enable complete adjudication. * Appellate powers – Court may quash and remit for trial where procedural errors occurred but underlying cause of action is properly pleaded.
23 October 2025
A court must not dismiss the applicant's suit for lack of locus standi without evidence; the matter must be heard on merits.
* Civil procedure – Preliminary objection – locus standi – Lack of locus standi is a factual issue requiring evidence and cannot alone justify dismissal. * Evidence – Annexures to pleadings are not exhibits – cannot be relied on unless tendered, tested and admitted. * Procedure – Competence vs merits – Preliminary points touching competence should not result in termination; appropriate remedy may be striking out and remittance for hearing on merits. * Remedy – Appeal allowed, costs, record remitted for determination on merits.
20 October 2025
A magistrate's unexplained recusal and later resumption vitiates proceedings and mandates retrial before a different magistrate.
Criminal procedure – Case management and assignment of magistrates – Judicial recusal and resumption – Failure to give reasons vitiates proceedings – Prejudice test under section 388 not applicable where recusal/resumption lacks explanation – Retrial ordered.
17 October 2025
Recognition identification by a known victim and lack of defence evidence upheld the rape conviction; appeal dismissed.
Criminal law – Identification by recognition – victim who knew accused and had opportunity to observe aided identification; Rape – victim’s testimony entitled to credence; Appellate procedure – new grounds raised at Court of Appeal barred by s.6(7) AJA; Effect of failure to cross‑examine or testify – weakens defence/amounts to tacit acceptance.
17 October 2025
Conviction quashed because night-time visual identification was unsafe and uncorroborated.
* Criminal law – Rape – Identification evidence – Visual identification at night must be watertight (Waziri Amani test) – Failure to specify torch intensity/position and presence of others undermines identification. * Evidence – Corroboration – Evidence requiring corroboration cannot constitute its own corroboration. * Trial procedure – Where identification is unsafe, conviction must be quashed; other defects may be left unaddressed as academic.
17 October 2025
Trial by a magistrate other than the one named in the High Court transfer order is a fatal jurisdictional defect.
Criminal procedure – transfer under section 256A(1)/274(1) – transfer must be to a specifically named resident magistrate with extended jurisdiction – plea, preliminary hearing and trial to be conducted by that named magistrate – trial by a different magistrate is a fatal irregularity vitiating proceedings, conviction and sentence.
17 October 2025
Buyer deemed to have accepted goods by signing delivery note and prolonged use; trial inspection without proper production was procedurally flawed.
Sale of Goods Act s.37 – deemed acceptance by buyer; Evidence Act s.62(2) – inspection of goods and admissibility; burden of proof on buyer to prove non‑conformity; caveat emptor; procedure for production of physical exhibits; reliance on delivery note and prolonged use.
17 October 2025
Conviction upheld; life sentence for 18‑year‑old quashed as illegal and release ordered.
* Criminal law – Unnatural offence – elements: anal penetration, victim's age, identity of perpetrator; conviction upheld where victim and eyewitness credible and medical evidence corroborates. * Evidence – Child witness procedure – non‑compliance with section 127(2) not fatal where credibility and corroboration established. * Evidence – Immaterial number of witnesses; absence of some witnesses not fatal where case proved beyond reasonable doubt. * Sentencing – section 160B and child‑protection provisions: life sentence unlawful for an 18‑year‑old first offender; appellate court may set aside illegal sentence and order release.
17 October 2025
Appeal struck out for lodging notice of appeal out of time and for lodging it after obtaining a certificate instead of before.
Civil procedure — Appeals — Notice of appeal must be lodged within 30 days under Rule 83(2); where leave/certificate needed, notice must precede application under Rule 46(1); delay not excused by erroneous legal advice — appeal struck out as incompetent.
17 October 2025
Conviction quashed where identity was unproven and late cautioned statement admitted without statutory extension.

* Criminal law – Unnatural offence – identity of accused – reliability of visual identification and need to call material witness who purportedly identified perpetrator. * Criminal procedure – cautioned statement recorded beyond four hours – requirement to seek extension under section 51 CPA – failure to do so warrants expungement. * Evidence – adverse inference from failure to call crucial witness.

17 October 2025
Failure to pursue agreed arbitration rendered the court proceedings and appeal incompetent and led to nullification under s.6(2) AJA.
Arbitration clause – mandatory contractual dispute resolution by negotiation then arbitration – failure to exhaust agreed procedure renders court proceedings, judgment and decree null and incompetent; Court of Appeal may invoke s.6(2) AJA to nullify; no costs where defect raised suo motu and parties concur.
17 October 2025
Conviction quashed where courts failed to consider defence and prosecution failed to call a crucial witness.
Criminal law – sexual offences – evaluation of evidence – necessity to consider defence evidence; delay in reporting – immaturity and threats as possible justification; failure to call crucial witness – adverse inference against prosecution; medical testing (HIV) irrelevant if not probative.
17 October 2025
Appellants failed to rebut respondent’s proof of negligent lane departure; residual-value award upheld and appeal dismissed with costs.
Civil appeal — concurrent findings of fact — appellate interference only for misapprehension of evidence or miscarriage of justice; Negligence — lane departure established by eyewitness testimony and sketch map; GPS speed evidence not determinative; Failure to call investigator — no adverse inference where investigating traffic officer testified; Special damages — must be pleaded and proved but valuation evidence from TEMESA sufficed and award was within depreciation range.
16 October 2025
An improperly conducted locus in quo, without oath, cross‑examination or record, vitiates the trial proceedings.
Locus in quo — discretionary but, if conducted, must comply with procedural safeguards: presence of parties, evidence on oath, cross‑examination, full recording, sketch plan if necessary; failure to observe these vitiates proceedings and merits remittal for rehearing.
16 October 2025
Appeal allowed: rape conviction quashed for defective identification and insufficient proof of penetration.
Criminal law – Rape – ingredients: penetration, lack of consent, identity; Visual identification and recognition – need for careful analysis of surrounding circumstances (Waziri Amani); Medical evidence and delay in reporting affect proof of penetration; Inconsistencies and omissions in eyewitness testimony undermine conviction.
16 October 2025
Appellant’s rape conviction and 30‑year sentence upheld: identification and medical evidence found reliable; arraignment delay non‑fatal.
Criminal law – rape – visual identification – Waziri Amani factors; evidence – medical expert opinion admissible under section 52; procedure – oath/affirmation under OSDA; arraignment delay under s.33(1) CPA – not fatal absent shown prejudice.
16 October 2025
Systemic failure to administer oaths to CMA witnesses vitiated arbitration proceedings, warranting nullification and rehearing.
Labour law — arbitration proceedings — mandatory oath/affirmation of witnesses under G.N. No. 67/2007 and Oaths Act — unsworn evidence vitiates proceedings — systemic omission not curable by overriding objective — remit for trial de novo.
16 October 2025
Appellant’s rape conviction upheld: identification, penetration and victim’s age sufficiently proved; procedural irregularities non‑prejudicial.
Criminal law – Rape – Identification by recognition at close proximity; corroboration by sibling and medical evidence; statutory rape – proof of age by inference; Evidence Act s.127(2) – promise versus oath for child witnesses; irregular exhibits – expungement and survival of oral corroboration; failure to call corroborative witnesses not necessarily fatal.
16 October 2025
The CMA lacks jurisdiction to arbitrate disputes from collective bargaining agreements after failed mediation; such arbitration is void.
Labour law – collective bargaining agreements – disputes arising from collective agreements are referred to the CMA for mediation only; if mediation fails the dispute must be referred to the Labour Division of the High Court; CMA has no jurisdiction to arbitrate after failed mediation; arbitration proceedings in such circumstances are void ab initio.
16 October 2025
An appeal to enforce defamation damages abates on the respondent's death because defamation claims do not survive.
* Civil procedure – Appeal abatement on death – Whether defamation claims survive the death of alleged defamer – actio personalis moritur cum persona. * Court of Appeal Rules, r.105 – joinder of legal representative does not revive causes of action excluded by statute. * Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, s.9(1) proviso – defamation excluded from survivable causes of action. * Precedent considered – persuasive authority that appeals to enforce defamation damages abate on death of party.
15 October 2025
Conviction quashed where dying declarations and a repudiated confession failed to reliably establish the assailant's identity.
* Criminal law – murder – elements: death, unnatural cause, identity, malice aforethought. * Evidence – dying declarations (oral and written) – admissibility, need for corroboration, weight dependent on circumstances. * Identification by recognition at night – necessity to describe source and intensity of light and corroborative evidence. * Confessions – repudiated cautioned statements require corroboration and cannot corroborate other evidence that also needs corroboration. * Evaluation of trial-within-a-trial and overall assessment whether prosecution proved guilt beyond reasonable doubt.
15 October 2025
High Court erred enhancing procedural-unfairness compensation without reasons; CMA Form No.10 is administrative, not jurisdictional.
* Labour law – unfair termination – procedural unfairness – compensation – discretionary award less than statutory twelve months where employer suffered loss. * Labour procedure – CMA Form No.10 – administrative transmission of record, not jurisdictional prerequisite for High Court revision. * Civil procedure – limitation – service of award must be proved; factual issues of service determined first by revisional court.
15 October 2025
Armed robbery conviction quashed for failure to prove theft; substituted to assault causing bodily harm and appellants released.
* Criminal law – Armed robbery – elements: theft, weapon and violence – failure to prove theft vitiates armed robbery conviction. * Evidence – identification: positive recognition of known persons aided by light is reliable. * Evidence – hearsay vs direct evidence: absence of direct corroboration on theft creates reasonable doubt. * Legal Aid – accused must apply and supply material for court certification under Legal Aid Act; failure to do so negates complaint of denial of counsel. * Conviction substitution – where essential element unproven, appellate court may substitute lesser offence supported by evidence.
15 October 2025
Conviction quashed where trial court unreasonably refused appellant's request to recall prosecution witnesses, breaching right to be heard.
* Criminal procedure – Transfer of case records – incorrect citation of statutory provisions (section 256A(1) CPA vs section 45(2) MCA) – minor procedural error excused where correct provision cited. * Evidence Act s.147(4) – Recall of witnesses – discretionary power must be exercised with reasoned justification. * Natural justice – right to be heard – unreasoned denial of opportunity to recall witnesses vitiates proceedings. * Appeal – nullification and quashing where breach of fair hearing likely prejudiced the accused; remittal for reconsideration and expeditious retrial.
13 October 2025
Extra-judicial statement admitted in breach of procedural notice requirements must be expunged, undermining the prosecution's case against the applicant.
* Criminal procedure – section 289 CPA – calling additional witness at trial without written notice – evidence liable to be expunged. * Evidence – admissibility and reliance on extra-judicial/confessional statements – procedural compliance and corroboration requirements. * Circumstantial evidence – necessity of independent corroboration where confessional or key evidence is expunged. * Conviction unsafe where essential evidence admitted in breach of statutory procedure.
13 October 2025
Conviction quashed where victim’s evidence showed gang rape, not the single‑perpetrator rape charged.
Criminal law – variance between charge and evidence – gang rape v. rape; distinct offences and ingredients; misapprehension of victim’s evidence; cautioned statement and proof of non‑consent; admissibility and sufficiency of PF3 evidence.
8 October 2025
Failure to involve the accused in a disposal order of perishable trophies voids the inventory and undermines conviction.
* Wildlife Conservation Act s.101 – disposal orders for perishable Government trophies – procedure when order likely to be relied upon in criminal proceedings. * Right to be heard – suspect’s presence and opportunity to object when seeking disposal order. * Admissibility of Inventory Form – invalid where disposal obtained without suspect’s participation. * Insufficiency of prosecution case after expunging improperly procured inventory.
7 October 2025
September 2025
Court upheld armed robbery convictions: identification and cautioned statements admissible; delays justified; appeal dismissed.
* Criminal law – Armed robbery – ingredients of offence – theft, use of weapon and threat to retain stolen property. * Criminal procedure – arraignment – section 33(1) CPA R.E.2023: for serious offences arraignment as soon as practicable. * Evidence – identification – Waziri Amani factors (daylight, distance, duration, detailed description) and validity of identification parade. * Evidence – cautioned statements – admissibility despite procedural omission where statements corroborated and no prejudice. * Evidence – non-tendering of physical exhibits and expunged seizure certificate – not fatal if not essential to prove offence.
19 September 2025
August 2025
Labour proceedings quashed due to lack of proper mandate to represent other employees in a collective dispute.
Labour Law – Collective proceedings – Mandate for representation – Requirements under Labour Institutions Rules, GN No. 64 of 2007 – Nullity of proceedings for failure to authorize representation.
29 August 2025
Court nullifies trial proceedings due to conflict of interest by advocates who prepared both key documents and pleadings.
Advocates – conflict of interest – advocate acting as Commissioner for Oaths and subsequently acting for a party – section 7 of the Notary Public and Commissioners for Oaths Act – effect on pleadings and proceedings – professional conduct – nullification of proceedings based on conflicted representation.
29 August 2025
Application for extension of time to appeal dismissed for inadequate evidence and failure to account for lengthy delay.
Civil procedure – extension of time – good cause requirement – sufficiency of evidence for illness as cause of delay – applicant's duty to account for every day of delay – diligence and finality in litigation.
12 August 2025
A court stayed execution of a High Court labor decree, pending appeal, after finding the applicant met all procedural and substantive requirements.
Civil procedure – Application for stay of execution – Rule 11 of the Court of Appeal Rules – Cumulative conditions for grant of stay – Substantial loss – Undertaking for security – Timeliness of application – Labour law – Unfair termination – Money decree.
12 August 2025
Conviction quashed due to procedural errors and credibility concerns of main witness; appellant acquitted.
Criminal Law – Rape – Child witness credibility – Procedural compliance in admission of evidence – Proof beyond reasonable doubt.
7 August 2025
Court dismissed application for extension citing lack of sufficient cause and existing procedural defaults by applicants.
Civil Procedure - Extension of time - Sufficient cause - Illegality as ground for extension - Functional appeal process blocked by procedural default.
7 August 2025
Insufficient evidence and procedural breaches led to the overturning of a conviction for an unnatural offense.
Criminal Law – Unnatural offense – Proving the charge – Competence of child witness – Circumstantial evidence – Arraignment delay.
7 August 2025
The Court overturned a judgment on adultery claims citing jurisdictional errors and potential claims under applicable Marriage Act provisions.
Family Law – Jurisdiction of the Court – Adultery claims in customary marriages – Primary Court jurisdiction.
7 August 2025
Insufficient circumstantial evidence led to the quashing of a murder conviction and release of the appellant.
Criminal Law – Circumstantial evidence – Sufficiency of circumstantial evidence to support a conviction – Conviction based on suspicion.
6 August 2025
The High Court's procedural errors in a land ownership case led to a nullification of its decision and an order for retrial.
Land Law – Civil Procedure – Proper procedure for locus in quo visits – Nullification due to procedural errors – Retrial ordered.
6 August 2025
Substantive fairness supports termination, but procedural unfairness warrants compensation instead of reinstatement.
Labour Law – unfair dismissal – substantive fairness vs. procedural fairness – remedies for procedural unfairness – reinstatement vs. compensation.
6 August 2025
Conviction quashed due to discrepancy in charge sheet location and evidence, violating procedural requirements.
Criminal Law - Defective charge - Variance between charge sheet and evidence location - Section 135 and 251(1) Criminal Procedure Act.
6 August 2025
The appeal was dismissed due to a defective certificate of delay and late filing beyond the statutory period.
Appeal timeline - Certificate of delay - Notification of document readiness - Jurisdictional application of the overriding objective principle.
5 August 2025
Appellant's conviction for rape and impregnating a schoolgirl quashed due to evidentiary contradictions and prejudicial delay.
Criminal law – rape – statutory rape – impregnating a schoolgirl – standard of proof – contradictions in prosecution evidence – prejudicial delay in reporting and arraignment – effect of delayed preliminary hearing proceedings – sentencing jurisdiction under the Minimum Sentences Act.
5 August 2025
A conviction was quashed due to procedural irregularity and unreliable identification evidence, with no retrial ordered.
Criminal procedure – fair trial – interpreter not identified, sworn or utilized as required by law – vitiation of proceedings – identification evidence – order for retrial not appropriate where prosecution case weak.
5 August 2025
Defective armed robbery charge lacking victim specificity results in quashed conviction and immediate release of appellants.

Criminal law – Armed robbery – Defective charge – Specificity in identifying victim threatened required – Consequence of variance between charge and evidence.

5 August 2025
Tanzanian appeal court nullifies murder conviction due to procedural flaws and insufficient evidence, ordering appellant's release.
Criminal law – murder conviction – procedural irregularities – nullification of proceedings – insufficiency of evidence – appeal allowed.
4 August 2025
Court quashed rape conviction due to insufficient identification evidence, highlighting the inadequacy of dock identification.
Criminal Law – Identification evidence – inadequacy of dock identification without prior identification parade – statutory rape charges – requirement of proving identity of the perpetrator beyond a reasonable doubt.
4 August 2025
Unnatural offense conviction reduced as victim's age was not proven beyond the charge-sheet.
Criminal law – Unnatural offense – Proof of age and proper procedure for testimony – Prosecution burden in sexual offenses.
4 August 2025