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.
3 judgments

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3 judgments
Citation
Judgment date
November 1980
Repudiated confession corroborated by eyewitness and circumstantial evidence supports manslaughter conviction; sentence reduced to five years.
Criminal law – extra‑judicial confession – admissibility and corroboration; identification of deceased by circumstantial evidence; causation and liability as aider/abettor under s.22(c) Penal Code; distinguishing murder from manslaughter; appellate reduction of excessive sentence.
20 November 1980
Appeal dismissed: witness credibility and physical corroboration upheld; trial omission on corroboration not fatal.
Criminal law – murder – conviction based on testimony of close relative and community leader – corroboration by physical evidence (axe embedded in victim’s head). Evidence – credibility – lie on one point does not automatically nullify the remainder of a witness’s testimony. Procedure – trial judge’s failure to direct on corroboration not necessarily fatal where corroboration is clear. Criminal procedure – opening address – assessors rely on evidence, not prosecutor’s unproven statements.
20 November 1980
Appeal dismissed: retracted extra-judicial confession held voluntary and adequately corroborated, conviction upheld.
Criminal law – Extra-judicial confession – voluntariness and admissibility; retracted confession – need for corroboration; trial-within-a-trial; application of TUWAMOI v. UGANDA standard; sufficiency of corroborative evidence to uphold murder conviction.
20 November 1980