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.
2,045 judgments

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2,045 judgments
Citation
Judgment date
August 2024
Technical defects in a rape charge and minor procedural irregularities do not vitiate conviction where no prejudice is shown.
Criminal law – rape – defective charge – credibility of witness – contradictions in evidence – procedural irregularity in case succession – admission of exhibits – overriding objective principle – curable errors – appeal dismissed.
16 August 2024
Extension of time granted where applicant accounted for every day of delay and demonstrated good cause for late filing.
Civil procedure – extension of time – requirements for good cause – accounting for every day of delay – technical delay as good cause.
16 August 2024
An appeal against a rape conviction failed as evidence was robust, and alleged procedural errors were immaterial or harmless.
Criminal law – Rape – Child witness – Reception of evidence under section 127(2) of the Evidence Act – Contradictions in testimony – Propriety of admitting documentary evidence – Consideration of defence case – Whether minor variances or procedural irregularities affect conviction.
16 August 2024
An application for stay of execution was struck out as there was no executable order resulting from dismissal for lack of jurisdiction.
Civil Procedure – Stay of execution – Whether an application lies where the appealed order is a dismissal for want of jurisdiction – Executable orders – Jurisdiction of appellate court to stay proceedings.
14 August 2024
The appellate court upheld a conviction for rape, finding that prosecution evidence sufficiently proved all elements of statutory rape, including penetration and the complainant's age.
Criminal law – Rape – Proof of penetration – Child witness testimony – Age of complainant – Admissibility of medical evidence – Credibility of witnesses – Standard of proof.
14 August 2024
Delay in arraignment and allegations of a defective charge did not vitiate the appellant’s rape conviction, which was upheld.
Criminal law – Delay in arraignment – Effect on validity of trial and conviction – Defective charge – Visual identification – Compliance with procedural requirements for preliminary hearings – Proof beyond reasonable doubt – Rape.
14 August 2024
An application for extension of time was dismissed due to failure to account for all periods of delay and unsubstantiated claims of illegality.
Civil procedure – Extension of time – Second bite application – Good cause – Technical delay – Requirement to account for entire period of delay – Alleged illegality must be apparent on the face of the record and substantiated.
14 August 2024
The Court of Appeal upheld the conviction for statutory rape, finding procedural defects curable and the evidence sufficient to prove guilt beyond reasonable doubt.
Criminal law – Statutory rape – Defective charge – Proof of victim’s age – Identification evidence – Procedural irregularities – Evaluation of defence – Second appeal – Appellate intervention limited to misapprehension of law or procedure.
14 August 2024
The appellate court upheld conviction and life sentence for unnatural offence, finding no merit in procedural or evidential grounds raised.
Criminal law – Unnatural offence against a child – Delay in arraignment – Reception of child witness evidence – Discrepancy in location in charge and testimony – Defence rights – DNA evidence in sexual offences – Mandatory sentencing.
13 August 2024
Appeal against conviction for unnatural offence of a child dismissed; conviction upheld despite procedural irregularities in admitting documentary evidence.
Criminal law – Appeals – Unnatural offence against a child – Admissibility and expunging of documentary evidence – Proof of complainant’s age – Credibility of witness testimony – Insanity defence – Procedural requirements and conviction upholding.
13 August 2024
Failure to list physical exhibits in committal proceedings rendered their admission unlawful and vitiated the conviction.
Criminal procedure – Committal proceedings – Physical exhibits not listed during committal – Section 246(2) Criminal Procedure Act – Admissibility of evidence – Corpus delicti
13 August 2024
Extension of time granted where applicant accounted for delay, including excusable technical delay from withdrawn reference.
Civil procedure – extension of time – technical delay – duty to account for each day of delay – excusable delay under established case law
12 August 2024
The Court of Appeal upheld rape convictions, affirming that statutory and procedural requirements were satisfied and the prosecution's evidence was credible.
Criminal law – Rape – statutory rape – proof of age of victim – credibility of child witness – variance between charge and evidence – compliance with statutory procedural requirements – adverse inference for failure to call witnesses – prosecutorial discretion in framing charges.
9 August 2024
July 2024
Lack of proper and explicit DPP consent rendered the appellant's corruption conviction and trial a nullity under the PCCA.
Criminal procedure – Corruption offences – Consent of Director of Public Prosecutions – Requirement for explicit and endorsed consent for prosecution under PCCA – Invalid consent renders trial a nullity – Non-curable procedural defect.
19 July 2024
A contracting party who fails to perform within explicitly agreed timelines cannot claim breach or specific performance against the counterparty.
Contract law – Breach of agreement – Interpretation of contractual timelines – Specific performance and damages – Burden of proof regarding performance of contractual obligations.
19 July 2024
A conviction for murder was set aside and a retrial ordered due to defective directions to assessors during the original trial.
Criminal law – murder – defective summing up by judge to assessors – failure to direct on alibi, provocation, confession statements, and ingredients of murder – mandatory requirement for assessors at time of trial – remedy of retrial where proceedings vitiated by judicial error.
18 July 2024
The appellate court held that statutory rape was proved beyond reasonable doubt despite evidentiary and procedural objections, and dismissed the appeal.
Criminal law – Statutory rape – Proof of victim’s age – Sufficiency of oral evidence – Identification requirements – Voir dire examination – Standard for appellate interference with trial court’s findings – Dismissal of appeal for lack of merit.
18 July 2024
A land dispute was nullified due to failure of the plaint to sufficiently describe the property as required by law.
Civil procedure – Pleadings – Requirements for sufficient description of immovable property in plaint – Non-compliance with Order VII Rule 3 of the Civil Procedure Code – Consequences of defective pleadings in land disputes.
18 July 2024
Court upheld conviction for rape and unnatural offence, finding identification and evidence sufficient despite lack of DNA proof.
Criminal law – Sexual offences – Identification evidence – Whether DNA evidence required in rape and sodomy cases – Discrepancies in victim identification – Sufficiency of complainant's evidence in sexual offences – Standard of proof beyond reasonable doubt.
18 July 2024
A conviction for attempted murder was upheld but the sentence reduced to immediate release due to mitigating factors.
Criminal law – Attempted murder – proof of intent to kill – elements of attempted murder – assessment of witness credibility – sentencing – mitigating circumstances – appellate intervention in sentence.
18 July 2024
The court upheld the conviction for unnatural offence, finding no material irregularities or rights violations during trial or appeal.
Criminal law – unnatural offence – evaluation of evidence – failure to call material witness – adverse inference – inconsistencies in witness testimony – right to legal representation – burden of proof beyond reasonable doubt – sufficiency of medical evidence – minor victim evidence.
17 July 2024
Failure to re-issue DPP consent after charge amendment did not vitiate trial; conviction for unlawful possession of trophies upheld.
Criminal law – Economic and wildlife offences – Consent of Director of Public Prosecutions upon substitution of charge – Evaluation of defence evidence – Chain of custody – Proof beyond reasonable doubt – Possession of government trophies.
15 July 2024
Failure to renew a fixed-term contract, where an employee reasonably expects renewal, constitutes unfair termination under Tanzanian law.
Employment law – Fixed-term contracts – Reasonable expectation of renewal – Unfair termination – Compensation for non-renewal under section 36(a)(iii) of ELRA – Assessment of surrounding circumstances for renewal expectation.
15 July 2024
A court must strike out, not dismiss, an incompetent omnibus application in labor proceedings to preserve parties' rights.
Civil procedure – Labour disputes – omnibus applications – incompetence of proceedings – dismissal vs. striking out – whether a court should dismiss or strike out an incompetent omnibus application combining separate claims in labor revisions.
11 July 2024
A trial based on an amended plaint without a specific court order was declared a nullity, warranting a retrial.
Civil procedure – Pleadings – Amendment of plaint – Absence of court order specifying scope of amendment – Fatal procedural irregularity – Proceedings and judgment a nullity – Matter remitted for retrial.
11 July 2024
Failure to specify prosecution exhibits at committal renders their admission irregular and results in acquittal for lack of fair trial.
Criminal law – unlawful possession of government trophies – procedure at committal – requirement to specify evidence intended to be tendered at trial – consequence of failure to comply with section 246(2) of the Criminal Procedure Act – fair trial – admissibility of exhibits.
10 July 2024
Failure to join the Registrar of Titles as a necessary party in a land dispute vitiated the entire High Court proceedings.
Civil Procedure – Necessary parties – Dispute over registered land and Certificate of Title – Non-joinder of Registrar of Titles – Proceedings and judgment set aside for failure to join necessary party.
10 July 2024
Trade mark disputes affecting the register require joining the Registrar as a necessary party; omission vitiates proceedings.
Civil procedure – Trade and Service Marks – Joinder of necessary parties – Role of Registrar of Trade and Service Marks – Nullity of proceedings where necessary party not joined – Natural justice.
9 July 2024
Appellant’s conviction and sentence quashed due to material evidentiary contradictions, procedural irregularities, and unlawful sentencing for an 18-year-old.
Criminal law – Sexual offences – Contradictory evidence – Competence and non-testimony of victim – Illegality of sentence due to age of accused – Delay in arraignment – Exclusion of improperly admitted cautioned statement.
8 July 2024
An applicant must account for all days of delay and substantiate claims of illegality within evidence when seeking extension of time.
Extension of time – Application for extension of time to appeal – Requirement to account for each day of delay – Insufficient affidavit evidence – Whether technical delay following striking out of an appeal constitutes good cause – Allegations of illegality must be pleaded in evidence, not submissions – Power and jurisdiction of the District Court under section 21(1)(b) of the Magistrate's Courts Act.
8 July 2024
Appellant's conviction for rape of a minor upheld; procedural and evidential challenges dismissed by the Court of Appeal.
Criminal law – Rape of a minor – Proof of age – Child witness – Section 127(2) Evidence Act – Charge sheet – Sufficiency of evidence – Failure to call material witnesses – Appellate review.
8 July 2024
Appeals against arbitrator misconduct in labour disputes must be directed to the Commission, not the courts.
Labour law – Arbitrator misconduct – Jurisdiction – Whether High Court or Court of Appeal can review arbitrator's conduct – Jurisdiction limited to points of law – Control and discipline of arbitrators is vested in the Commission, not in the courts – Refusal to recuse not misconduct.
8 July 2024
Convictions for rape and unnatural offence upheld, but life sentence quashed as illegal for an 18-year-old; release to time served.
Criminal law – rape and unnatural offence; curable defects in charge – s.388 CPA; evidence of child witnesses – s.127(2) Evidence Act; corroboration by PF3 and medical evidence; appellate jurisdiction – grounds not raised below; right to legal representation; sentencing illegality for offenders aged 18 or below – s.160B Penal Code.
5 July 2024
Conviction for armed robbery set aside due to unreliable identification, improper chain of custody, and charge-evidence discrepancies.
Criminal law – armed robbery – visual identification – credibility – earliest opportunity – chain of custody – variance between charge and evidence – standard of proof.
5 July 2024
Conviction quashed where victim’s evidence improperly admitted without oath, leaving insufficient proof of rape beyond reasonable doubt.
Criminal law – Rape – Evidence – Requirement for sworn testimony from witnesses aged above 14 – Failure to comply with section 198(1) of the CPA – Effect of improperly admitted evidence – Proof beyond reasonable doubt.
5 July 2024
Respondents were not liable for the appellant's arrest and alleged injuries as they did not make the police report or act maliciously.
Tort – Malicious prosecution – Whether employer or office bearers may be liable for police action following report of theft – Probable cause – Vicarious liability – Costs – Concurrent findings of fact – Appellate interference.
2 July 2024
Court held a forged sale cannot pass title and reduced excessive damages in a property dispute involving cohabitants.
Land law – Sale of land – Forfeiture of title based on forged documents – Proof of forgery through expert evidence – Standing to challenge disposition in cohabitation context – Quantum of damages for unlawful eviction.
2 July 2024
March 2024
Non‑compliance with statutory seizure/disposal and broken chain of custody vitiated the prosecution's case; convictions quashed.
Criminal law – narcotic drugs (Catha edulis) – search and seizure – compliance with CPA and DCEA – disposal of perishable exhibits – PGO requirements – authenticity of signatures – chain of custody – admissibility of chemist report – burden of proof beyond reasonable doubt.
20 March 2024
Second appeal allowed: recent-possession misapplied, seizure certificate expunged, convictions quashed and appellants released.
Criminal law – armed robbery – variance between charge and evidence; admissibility of documentary exhibits – duty to read contents after admission; doctrine of recent possession – conditions for application (possession, positive identification, recent theft, subject of charge); identification evidence – parade and in-situ identification; contradictions in prosecution evidence and proof beyond reasonable doubt.
20 March 2024
The appellant's conviction for unlawful possession of government trophy upheld; sentence reduced to account for remand time.
Wildlife offences – unlawful possession of government trophy; admissibility of seizure certificate; emergency search (s.42 CPA) and omission of receipt; chain of custody of exhibits; trophy valuation by principal game officer; reasonableness of arraignment delay under EOCCA; sentencing — deduction for remand time (s.172(2)(c) CPA).
19 March 2024

Labour Law – employment – termination of employment – retrenchment – conditions required for retrenchment to qualify as being fair – whether termination of employment was fair where it was occasioned by a government directive requiring renovation of hospital buildings – Employment and Labour Relations Act, 2004, section 37(2) and 38; Employment and Labour Relations Act, (Code of Good Practice) Rules G.N. No. 42 of 2007, rule 8.

18 March 2024
Re-arrested accused must be brought before convicting court to be heard; failure vitiates conviction; retrial not always ordered.
Criminal procedure — Conviction in absentia — Duty under section 226(2) CPA to bring re-arrested accused before convicting court and afford hearing — Failure vitiates proceedings; retrial discretionary and may be refused where prosecution case is defective (variance, contradictions, lack of arrest record).
18 March 2024

Civil Practice and Procedure - limitation of actions - computation of time - claim seeking to file a suit to recover a parcel of land belonging to a deceased person - when limitation period would begin to run - whether computation of time for purposes of limitation of actions would be pegged on the date of the death of the deceased person.

Words and Phrases - functus officio - definition of - Latin "having performed his or her office" (of an officer or official body) without further authority or legal competence because the duties and functions of the original commission have been fully accomplished - Black’s Law Dictionary, Thomson Reuters; 11th edition

6 March 2024
February 2024
Applicant failed to account for each day of delay; extension of time to file notice of appeal refused.
Civil procedure – extension of time – Rule 10 Court of Appeal Rules – good cause required. Applicant must account for every day of delay; unexplained delay is fatal. Alleged illegality must be apparent on the face of the record to ground extension of time. Illness alone insufficient where substantial period remains unexplained.
23 February 2024
Conviction quashed where child witness's credibility was not properly tested and six-month arraignment delay raised reasonable doubt.
Criminal law – incest by male – reliance on child victim’s testimony – credibility: demeanour alone insufficient; must test consistency and plausibility – unexplained delay in arraignment creates reasonable doubt – safety of conviction.
23 February 2024
Applicant granted extension to file appeal; court found sufficient cause and Registrar’s delay-certificate unavailable after strike-out.
Extension of time – rule 10 Court of Appeal Rules – sufficient or good cause – discretion exercised on case circumstances; Certificate of delay (rule 90(1)) unavailable after appeal struck out; promptness and diligence in seeking legal assistance weighed in favour of extension.
23 February 2024
A review under rule 66(1) is limited to the impugned judgment and cannot re-evaluate evidence or inspect lower‑court records.
Review jurisdiction – limited to errors manifest on the face of the impugned judgment under rule 66(1); review does not permit inspection of subordinate court records, re-evaluation of evidence, reassessment of witness credibility, or determination of corroboration; missing documents in lower court records are not review grounds unless reflected in the impugned judgment.
23 February 2024
Conviction overturned where unreliable night identification and improperly read exhibits left prosecution case unproved.
Criminal law – armed robbery – requirement to prove guilt beyond reasonable doubt; visual identification evidence – caution where identification made at night and under stress; importance of identification parade and early reporting to police. Evidence – documentary exhibits must be read over after admission to give accused opportunity to know contents; failure to do so negates evidential value. Chain of custody/possession – inconsistencies on motorcycle possession and timing undermine connection to accused.
23 February 2024
Appeal dismissed; conviction for unnatural offence upheld based on reliable identification and corroborating medical evidence.
Criminal law – sexual offences – visual identification by recognition at night – application of Waziri Amani factors (familiarity, lighting, duration, proximity, immediate report). Criminal procedure – defective charge – curability under section 388 of the Criminal Procedure Act. Evidence – PF3/medical report – clerical errors do not necessarily vitiate evidential value. Defence – alibi raised late; afterthoughts and unsubstantiated grudges insufficient to create reasonable doubt. Constitutional right – presumption of innocence – narration of evidence not equivalent to a finding of guilt.
23 February 2024
Notice of appeal struck out for failure to take essential steps to institute the appeal within prescribed time.
Civil procedure – Appeal – Striking out notice of appeal under Rule 89(2) – Requirement to take essential steps to institute appeal under Rule 90(1) – No evidence of application for copies of proceedings to excuse delay – Failure to prosecute justifies striking out and costs.
23 February 2024