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
May 2008
A defective notice of appeal and an improperly dated decree rendered the appeal incompetent and High Court proceedings a nullity.
Civil procedure – Notice of appeal – compliance with rule 77(1) – dates and service – defects may render appeal incompetent. Court of Appeal Rules – Record of appeal – requirement to include order granting leave (rule 89(2)(a)) and prescribed arrangement/index (rule 89(4)). Civil Procedure Code, Order XX r.7 – decree must bear date of judgment – failure renders decree and record defective. Appellate jurisdiction – revisional powers (s.4(2) AJA) – quashing High Court proceedings founded on a defective decree.
2 May 2008
Vague, late allegations of magistrate bias did not justify recusal or revisional interference; appeal dismissed, trial to continue.
Criminal procedure — Disqualification/recusal of magistrate — Applicant must show bad blood, close relationship or personal interest; mere vague or late allegations insufficient; recusal not warranted where allegations appear to be delaying tactics. Revision under s.372 Criminal Procedure Act — intended to correct apparent errors on face of record; not the proper remedy for discretionary interlocutory rulings denying recusal. Interlocutory orders — appellate remedy rather than revisional jurisdiction where no illegality or irregularity appears on record.
2 May 2008
Illegal post-arrest cautioned statement expunged, but independent witness and receiver evidence upheld conviction.
Criminal law – admissibility of cautioned statements – section 50 Criminal Procedure Act – statements recorded outside prescribed period inadmissible; Evidence – sufficiency of independent witness evidence after expunging illegal confession; Accomplice/receiver evidence – may ground conviction if credible with caution; Identification – conviction can rest on admissions and subsequent recovery/identification of stolen property.
2 May 2008