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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
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https://jmap.judiciary.go.tz/jmap/jmap-coa
6 judgments
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6 judgments
Citation
Judgment date
July 2014
Elias Melami Kivuyo vs Republic (Criminal Appeal No. 40 of 2014) [2014] TZCA 2148 (3 July 2014)
Conviction quashed where s.34B statement was inadmissible and elements of obtaining by false pretences were not proved.
Evidence — Section 34B Evidence Act — conditions precedent (a)–(f) must be cumulatively satisfied; inadmissibility where declaration sequence and reading‑over certification absent. Criminal law — Obtaining by false pretences — essential elements: deception preceding transfer and intent to defraud; burden to prove knowledge of lack of title. Criminal appeal — failure to consider accused's defence is a material misdirection warranting interference.
 3 July 2014
Sabas Bazil Marandu vs @myahudi and Another vs Republic (Criminal Appeal No. 299 of 2013) [2014] TZCA 275 (3 July 2014)
Confession inadmissible without proper voluntariness inquiry; identification upheld and thirty-year sentence lawful.
Criminal law – confession – voluntariness – requirement for adversarial inquiry/trial-within-a-trial under s.27 Evidence Act – inadmissibility if no proper inquiry; Identification – visual ID and identification parade – standards and reliability; Medical report (PF3) – inadmissibility under s.240(3) Criminal Procedure Act; Second appeal – limits on re-evaluating credibility of witnesses; Minimum sentences – thirty years for robbery with violence lawful.
 3 July 2014
Joseph Kanankira vs Republic (Criminal Appeal No. 387 of 2013) [2014] TZCA 2244 (2 July 2014)
Failure to record a conviction before sentencing renders the trial and appellate judgments null and warrants quashing and remittal.
Criminal procedure – Mandatory requirement to record conviction before imposing sentence (section 235(1) Criminal Procedure Act) – Omission to convict renders trial judgment nullity – "is found guilty" does not substitute for formal conviction – Court of Appeal's revisional powers to quash and remit defective judgments.
 2 July 2014
Philemon Mang'ehe T/A Bukene Traders vs Gesso Herbon Bajuta (Civil Application No. 32 of 2013) [2014] TZCA 2350 (2 July 2014)
Court of Appeal lacks power to extend time for filing notice of appeal; such power resides with the High Court under section 11(1) AJA.
Appellate jurisdiction – Extension of time – Whether Court of Appeal may extend time to give notice of intention to appeal – Section 11(1) Appellate Jurisdiction Act. Court of Appeal Rules – Scope of Rule 45 and related provisions – applications for leave versus extension of time for notices or certificates. Appealability – refusal by High Court to extend time – appeal under section 5(1)(c) with leave.
 2 July 2014
Meshaki Abel Ezekeiel vs Republic (Criminal Appeal No. 97 of 2013) [2014] TZCA 274 (1 July 2014)
Conviction quashed where chain of custody was unproven and cautioned statement was taken outside statutory period.
Criminal law – armed robbery; evidence – chain of custody of physical exhibits; cautioned statements – compliance with sections 50 and 51 Criminal Procedure Act; voluntariness under section 27 Evidence Act; appellate interference with concurrent factual findings where procedural and evidential defects create reasonable doubt.
 1 July 2014
NBC Ltd vs Sahib Bus Services Ltd and 2 Others (Civil Appeal No. 40 of 2013) [2014] TZCA 2343 (1 July 2014)
An appeal premised on a non-existent case number is incompetent and must be struck out; Rule 111 cannot cure such defects.
Court of Appeal — competence of appeal — defective record — inconsistent case citation — appeal framed on non-existent case number — Rule 111 amendment — striking out appeal — costs.
 1 July 2014