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
December 2020
Broken chain of custody and an unauthorized valuation report rendered the prosecution's case unproven beyond reasonable doubt.
Criminal law – Wildlife offences – unlawful possession of government trophy (elephant tusks) – requirement to prove possession beyond reasonable doubt. Evidence – chain of custody – PGO No.229 – necessity of a clear paper trail, custody, transfer and marking/identification of exhibits. Evidence – relaxation of strict chain-of-custody rules where item cannot easily be tampered with; application depends on circumstances. Statutory requirements – Trophy Valuation Report (s.86(4) Wildlife Act) – who may sign/prepare valuation; probative value and admissibility. Remedy – expungement of inadmissible evidence and quashing of conviction where prosecution case fails.
17 December 2020