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 2004
Trial court erred by not ordering psychiatric examination when the appellant's conduct and assessors' inquiries raised doubt about sanity.
Criminal law – Insanity – statutory duty to raise insanity at plea (s219 Criminal Procedure Act) – court’s duty to order medical examination if insanity appears during trial (s220) – insanity may be inferred from conduct and circumstances – assessors’ queries may signal need for psychiatric inquiry.
5 November 2004
Doctrine of recent possession and statutory minimum sentence upheld where appellants had constructive possession and failed to give alibi notice.
Criminal law – robbery – doctrine of recent possession – constructive possession where accused left stolen property with third party for repairs; Criminal procedure – alibi – requirement to give notice and particulars under s.194(4)&(5) – failure justifies discounting alibi; Sentencing – enhancement to statutory minimum under Minimum Sentences Act upheld.
5 November 2004
The applicant's identification at night was held reliable and contradictions were insufficient to overturn conviction and sentence.
Criminal law – Armed robbery – Identification evidence at night – Waziri Amani guidelines – prior acquaintance, lighting and duration of observation Evidence – Credibility and contradictions – minor inconsistencies not necessarily fatal where other evidence is strong Sentencing – Mandatory minimum sentence under the Minimum Sentences Act
4 November 2004