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
July 1980
Vice‑President may automatically exercise Presidential functions during absence; detention orders without the Public Seal are nullities.
Constitutional law — devolution of Presidential functions — section 8(1) automatic assumption in President’s absence; Preventive Detention Act — validity of detention orders — requirement of President’s hand and Public Seal; judicial review — ouster clause (s.3) strictly construed and not absolute; arrest procedure — requirement to show original detention order to authorise detention.
23 July 1980
Alternative pleading of "stolen or otherwise unlawfully acquired" is permissible; conviction reduced to items proved.
Criminal law – Conveying property suspected to be stolen or unlawfully acquired; Pleading — alternative particulars permitted under s.138 Criminal Procedure Code; Duplicity — charge not fatally duplicitous where statute permits alternatives; Evidence — possession plus unexplained ownership required to sustain conviction; Conviction varied to items proved.
1 July 1980
Dying declaration corroborated by witnesses established appellant's joint responsibility for murder; appeal dismissed.
Criminal law – Murder – Admissibility and weight of dying declaration – Corroboration by witness testimony – Joint participation in homicide – Sufficiency of evidence on appeal.
1 July 1980