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.
1 judgment

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1 judgment
Citation
Judgment date
June 2008
Court substituted manslaughter for murder, holding self-defence and excessive force negated malice aforethought.
Criminal law – Self-defence – plea of the accused as sole eyewitness – scrutiny against circumstantial evidence. Use of excessive force in self-defence – reduces murder to manslaughter. Circumstantial evidence (struggle marks, disarming, disposal of head) – probative value and reasonable doubt. Post-offence lies – may be explained by fear/confusion and not definitive proof of mens rea.
3 June 2008