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.
5 judgments

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5 judgments
Citation
Judgment date
April 2020
Delay caused by the Registrar's failure to furnish certified proceedings excuses failure to lodge an appeal; notice of appeal not struck out.
Civil procedure — strike out of notice of appeal — Rule 89(2) — essential steps to prosecute appeal — request for certified proceedings from Registrar — delay caused by Registrar’s inaction — non-retrospective application of Rule 90(5) where not pleaded.
2 April 2020
Delay caused by court processes (leave and certified copies) amounted to good cause for extension of time to appeal.
Civil procedure – Extension of time under Rule 10 – Good cause requires explanation of delay; court delays in granting leave and supplying certified copies can justify extension; respondent's failure to file affidavit limits challenge to law only.
2 April 2020
Improperly admitted statements expunged, but remaining circumstantial evidence upheld convictions and death sentences.
Criminal law – Evidence – Improper admission of cautioned and extrajudicial statements – trial within a trial – expungement; Circumstantial evidence – principles and standards – "last seen with deceased" rule; Conduct after the incident (flight, disposal/sale of victim's property) as corroboration; Materiality of minor contradictions.
2 April 2020
Whether a notice of appeal should be struck out for failing to take essential steps and for not serving a copy request.
Court of Appeal — Civil procedure — Striking out notice of appeal — Failure to take essential steps under Rule 89(2) — Time limits for instituting appeal under Rule 90(1) — Exception for written, served request for copies — Service requirements and exclusion of time — Sickness not a substitute for applying for extension of time.
2 April 2020
Assessors’ cross-examination and insufficient, contradictory circumstantial and expert evidence vitiated the murder conviction.
Criminal law – murder – circumstantial evidence – requirement of complete chain excluding all reasonable hypotheses; assessors’ role – assessors must not cross-examine witnesses (section 177 Evidence Act) – cross-examination by assessors vitiates trial; exhibits – necessity to read admitted exhibits aloud to accused; failure to call crucial witnesses – adverse inference; retrial – when not in interest of justice.
2 April 2020