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 judgments

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2 judgments
Citation
Judgment date
May 1980
Eyewitness identification can sustain a murder conviction; mere presence and a remark to discard a weapon do not establish aiding and abetting.
Criminal law – Identification evidence – Reliability of single eyewitness who knew accused – Sufficiency to convict. Criminal law – Aiding and abetting (s.22(c) Penal Code) – Mere presence and flight insufficient; active participation or encouragement required. Criminal law – Circumstantial evidence – adequacy when corroborated by credible identification. Sentencing – Substitution of conviction – cannot substitute murder conviction with accessory after the fact in these circumstances.
6 May 1980
Reported
Court upheld murder conviction, finding eyewitness identification reliable and medical testimony about wound location untenable.
* Criminal law – Identification evidence – visual identification at night – need for careful scrutiny of surrounding circumstances (familiarity, distance, lighting, opportunity to observe). Criminal law – Evidence – contradictions between post-mortem surgeon and eyewitnesses – court may reject medical testimony if untenable in context. Criminal law – Alibi – fabricated alibi insufficient to raise reasonable doubt
6 May 1980