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.
7 judgments

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7 judgments
Citation
Judgment date
November 1979
Circumstantial evidence must exclude reasonable alternative perpetrators; unexplained contradictory physical evidence rendered conviction unsafe.
Criminal law — Murder — Conviction based on circumstantial evidence — Inculpatory facts must be incompatible with innocence and exclude reasonable alternative hypotheses. Evidence — Contradictory testimony about physical exhibits (underpants) — Unexplained contradictions can render circumstantial case unsafe. Proof — Necessity to link physical evidence to accused for exclusion of other perpetrators.
22 November 1979
Appellants' plausible explanations defeated inference from recent possession; convictions quashed for inadequate evaluation of the defence.
Criminal law – theft – doctrine of recent possession – recent possession does not automatically convict; a reasonable explanation must be fairly considered. Appellate review – evaluation of credibility and weighing of defence evidence – convictions unsafe where lower courts fail to properly assess defence. Burden of proof – prosecution must establish guilt beyond reasonable doubt; possession plus plausible explanation insufficient.
22 November 1979

Criminal Practice and Procedure-Effect of non-representation by counsel in murder case.. Criminal Practice and Procedure-Lack of representation by counsel in the case of one of several accused charged with murder-Appeal Court orders retrial for the convict who was not represented by counsel-Effect on the appeal by the other convicts.

22 November 1979
The applicant's appeal is dismissed; credible eyewitness and conduct established malice despite intoxication defence.
Criminal law – murder – distinguishing accidental injury from intentional stabbing – assessment of wounds and scene evidence. Evidence – credibility of eyewitness testimony and handling of apparent contradictions. Intention – malice aforethought inferred from weapon, wounds and post-offence conduct. Intoxication – voluntary drunkenness did not negate capacity to form intent where conduct shows awareness. Evidence Act s.154 – prior written/extra-judicial statements not produced at trial cannot be used on appeal to contradict witness.
22 November 1979

Criminal Law - Manslaughter - Causation Death as a result of running away from a fight - Whether accused caused the death thereof. Criminal Practice and Procedure - Assessors - Failure of trial court to invite assessors to express their opinions - Consequences of such failure - Criminal Procedure Code, s. 283.

21 November 1979
21 November 1979
March 1979

Deportation Ordinance-Detention pending deportationSs. 2 and 5 Deportation Ordinance (Cap. 38)-Deportation order not appellable-Detention pending-Deportation lawful. Deportation Ordinance-Identification of deportee Certainly of identity necessary.

22 March 1979