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
October 2005
Failure to conduct the mandatory voir dire for a child witness rendered key evidence inadmissible, leading to quashing of the conviction.
Evidence Act s.127(2) – Voir dire mandatory for child witnesses of tender years; admission of child’s evidence without inquiry fatal; PF3 medical report delay limits corroboration; discrepancies in identity and dates raise reasonable doubt; criminal conviction requires proof beyond reasonable doubt.
28 October 2005
From the conviction of the High Courtof Tanzaniaa at Arusha, Msoffe, J., dated 11 July 2003, Criminal Appealal number 48 of 2002) H Criminal Practice and Procedure - Pleas — Plea of guilty - Whether and under what circumstances a conviction on an accused person's own plea of guilty is appealable - section 360(1)of thee Criminal Procedure Act, 1985
26 October 2005
Undisclosed source of night-time light made visual identification unsafe; conviction quashed and sentence set aside.
Criminal law – identification at night – visual identification must be watertight – prosecution must prove source and sufficiency of light – benefit of doubt on unsafe identification – conviction quashed.
26 October 2005