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

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
7 judgments
Citation
Judgment date
August 1989
Appellant’s murder conviction quashed for unreliable evidence and improper timing of counsel’s submissions to assessors.
Criminal law – Murder – evaluation of witness credibility – contradictions between in‑court testimony and police statement – insufficiency of evidence; Criminal procedure – assessors – counsel’s final submissions must be presented before assessors give their opinions.
30 August 1989
Credible child testimony corroborated by circumstantial evidence sustained a murder conviction; sentencing must follow statutory form.
Criminal law – murder – direct evidence by child witnesses – competence and reception under Section 127 Evidence Act – voir dire and recording requirements. Criminal law – circumstantial evidence – corroboration of child testimony by neighbours' actions and discovery of body. Criminal procedure – form of sentence – requirement to follow section 26(1) Penal Code wording for death penalty Evidence – affirmation for Muslim witnesses vs. swearing; procedural irregularity not affecting conviction
30 August 1989
Child witnesses’ competency under Section 127 and sufficiency of direct plus circumstantial evidence upheld; sentencing wording irregularity harmless.
Criminal law – Evidence: competency and admissibility of child witnesses of tender years under Section 127 Evidence Act; voir dire and recording of questions; direct and circumstantial evidence corroboration in murder trial; sentencing formality – adherence to section 26(1) Penal Code.
30 August 1989
An uncontradicted police confession, corroborated by recovery of the weapon and circumstantial evidence, upheld the murder conviction.
Criminal law – confession to police – admissibility and weight of an uncontradicted oral confession under the Evidence Act; corroboration by leading police to scene and recovery of weapon; circumstantial evidence of selling parts of stolen/slaughtered animal; adverse inference from accused’s silence at trial; conviction and death sentence upheld.
30 August 1989
Single eyewitness identification was held reliable; procedural omission re assessors was non-fatal absent shown prejudice.
Criminal law – murder – identification evidence – single eyewitness sufficiency (s.143 Evidence Act) – assessors: direction on burden of proof and accused's opportunity to object – procedural irregularity not fatal absent prejudice.
30 August 1989
Circumstantial and medical evidence plus an extra‑judicial admission established the applicant's guilt; intoxication defence rejected and appeal dismissed.
Criminal law – Murder – Circumstantial evidence sufficiency; felony‑murder principle (death during sexual assault establishes malice aforethought); intoxication defence unavailable where no evidential basis and accused denies drunkenness; extra‑judicial admission as evidence.
30 August 1989
Circumstantial evidence and an extra‑judicial admission established felony‑murder; intoxication defence rejected; appeal dismissed.
Criminal law – Murder (felony-murder) – Circumstantial evidence – Sexual assault of a child – Extra-judicial confession – Defence of intoxication – Appellate review of sufficiency of evidence.
30 August 1989