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.
8 judgments

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8 judgments
Citation
Judgment date
August 2020
Conviction for rape upheld but 30‑year sentence quashed because, aged 18, only corporal punishment applied.
Criminal law – Rape of a child – Proof of penetration and age: victim’s testimony and medical corroboration; PF3 expunged if not read over; identification: victim’s description and accused’s conduct; failure to call non‑essential witness not fatal; omission of punishment sub‑section curable under s.388 CPA; sentence illegal where s.131(2)(a) mandates corporal punishment for a boy aged ≤18.
28 August 2020
Rape conviction upheld: defective charge curable, identification and victim’s credible testimony sufficient; PF3 expunged.
Criminal law – Rape – Identification by victim and witness who knew accused – Charge irregularity – omission to cite specific subsections curable under s.388 CPA if no prejudice – PF3 read before admission expunged – Victim’s evidence as proof of penetration.
28 August 2020
Review application dismissed as a disguised appeal; review limited to narrow rule 66 grounds, not merits.
Appellate procedure – Review jurisdiction – rule 66(1) – review not a disguised appeal; limited to manifest error apparent on face of record or deprivation of hearing. Criminal procedure – Alleged failure to address accused under section 291(3) CPA and admission of postmortem report – such complaints, if not raised on appeal, are appellate issues not proper in review. Appellate Jurisdiction Act s.4(4) – omission to cite is undesirable but not necessarily fatal where Court has jurisdiction.
26 August 2020
Conviction for grave sexual abuse upheld; name variance and missing arresting officer not fatal to prosecution's case.
Criminal law – grave sexual abuse – proof beyond reasonable doubt – eyewitness evidence of insertion of penis into mouth of 14‑month‑old child; Evidence Act – section 127 (competence of child witnesses) – 14‑month‑old incapable of testifying; Evidence Act – section 143 – no fixed number of witnesses required; Criminal procedure – variance in victim's name – not fatal where no prejudice and no cross‑examination; Appellate review – concurrent findings of fact will not be disturbed absent misdirection or miscarriage of justice.
20 August 2020
Failure to serve the application for copies prevents reliance on certificate of delay and justifies striking out notice of appeal.
Civil procedure — Court of Appeal Rules 2009 — Rule 90(1) and (3): requirement to serve written application for copies of proceedings; certificate of delay; Rule 89(2): striking out notice of appeal for failure to take essential steps; service of request for record as essential step; awaiting unrelated extension application not an excuse.
19 August 2020
Mis‑citation in charge curable; victim’s credible evidence and corroboration upheld rape conviction.
Criminal law – Rape – Sufficiency of evidence: victim’s testimony proving penetration and lack of consent; corroboration by witness and medical evidence; Charge‑sheet defects – Mis‑citation of statutory subparagraph curable under s.388(1) CPA where particulars clear and accused not prejudiced; Appellate review – concurrent findings of fact not disturbed absent misdirection; Procedure – new grounds introduced at Court of Appeal barred by rule 72(2).
19 August 2020
Failure to consider defence justified appellate reassessment; conviction upheld and 30‑year sentence substituted by life imprisonment.
Criminal law – second appeal – appellate intervention where lower courts omitted to consider defence; Evidence – documents admitted must be read out in court before reliance (expunge if not); Sexual offences against children – victim's evidence corroborated by medical and supporting witnesses can suffice to prove penetration and non-consent; Evidence Act s.143 – no fixed number of witnesses; Sentencing – s.154 Penal Code as amended by Law of the Child Act: life imprisonment for offences against victims under 18.
18 August 2020
Conviction quashed where prosecution failed to prove recent possession and High Court judgment was a nullity.
Criminal law – armed robbery – recent possession doctrine; sufficiency of identification and proof of ownership; chain of custody of exhibits; duty to call available independent witnesses (petrol attendants) – adverse inference; defects in seizure documentation; requirements for appellate judgment under section 312(1) CPA; revisional powers under section 4(2) AJA.
18 August 2020