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.
2 judgments

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2 judgments
Citation
Judgment date
April 2016
Delay in receiving judgment copies can justify extending time for an applicant to file a stay of execution.
Civil procedure – extension of time – Rule 10 Court of Appeal Rules – requirement of sufficient cause – delay in supply of judgment/decree as sufficient cause. Civil procedure – ex parte proceedings – Rule 63(2) – effect of respondent’s non-appearance after due service. Practice – stay of execution – time limits and essential documents required for making an application.
25 April 2016
Court quashed rape conviction after finding flawed section 127(2) voire dire made child testimony inadmissible and sentence excessive.
Evidence — Child witness — Competency — Section 127(2) Evidence Act — Court must first determine whether child understands nature of oath before receiving evidence; failure to conduct proper voire dire requires discounting child’s testimony. Evidence — Effect of improperly received child evidence — inadmissibility/discounting rather than mere need for corroboration where voire dire omitted or improperly conducted. Evidence — Weight of medical/expert evidence — clinical officer’s negative findings and lab results may outweigh unparticularised lay inspection. Sentencing — Rape — life imprisonment reserved for rape of girl under ten years; for victims above ten years statutory minimum (thirty years) applies.
25 April 2016