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.
2,044 judgments

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2,044 judgments
Citation
Judgment date
February 2021
Stay of execution granted pending appeal: application timeous, substantial loss shown, third‑party security acceptable.
Civil procedure — Stay of execution (Rule 11) — requirements: timeous application; substantial/irreparable loss; adequate security — third‑party customary title and owner affidavit may suffice as security — conditional stay pending appeal.
25 February 2021
Appeal allowed: conviction quashed due to credibility doubts, material contradictions, and failure to consider defence evidence.
Criminal law – Incest – credibility of victim and delay in reporting; Evidence – contradictions between oral testimony and documentary evidence (guest register); Missing key witness — adverse inference; Criminal procedure – proper evaluation of defence and burden of proof; Appellate review of concurrent findings of fact.
24 February 2021
A court cannot raise and decide a new issue suo motu without first affording the parties a right to be heard.
Civil procedure — appellate practice — court raising new issue suo motu at judgment composing stage — vicarious liability — right to be heard and natural justice — decision in violation of hearing rights is a nullity — remittal for rehearing on new issue.
19 February 2021
Variance between charge particulars and evidence plus inadequate identification made recent-possession conviction unsafe; appeal allowed.
Criminal procedure – variance between charge particulars and evidence – duty to amend under section 234 Criminal Procedure Act; amendment required to meet case circumstances. Evidence – doctrine of recent possession – requirements: possession, positive identification by owner, recent theft, and property forming subject of charge. Evidence – identification of exhibits – owner should first identify distinctive marks before exhibits tendered. Evidence – chain of custody/certificate of seizure – relevance where seizure by civilians and police procedures involved. Appeals – second appeal limited to points of law but may interfere with concurrent findings where misapprehension of evidence causes miscarriage of justice.
19 February 2021
Variance in charge and broken chain of custody defeated prosecution; conviction quashed and sentence set aside.
Wildlife offences – unlawful possession of trophy – variance between charge and evidence – requirement to amend charge under s.234 Criminal Procedure Act; Chain of custody – failure to establish handling of exhibits; Perishable exhibits – need for magistrate's order before disposal (Police General Orders); Cautioned statement – where it does not confess, cannot sustain conviction.
19 February 2021
Five village members must be joined where the respondent’s pleadings and annexure named them as alleged interferers with his land.
Joinder of parties – Order 1 Rule 10(2) and Order 1 Rule 3 CPC – Cause of action to be ascertained from pleadings and annexures – Annexures part of pleadings – Public interest locus standi not applicable to joinder in ordinary civil suits – Necessary parties must be joined to enable complete adjudication and to avoid multiplicity of suits.
17 February 2021
An application cannot be withdrawn to pre-empt a preliminary objection; Court struck out the incompetent application with costs.
Civil procedure – Withdrawal of application – Preliminary objection as to competence – A preliminary objection must be heard before any withdrawal – Incompetent application cannot be withdrawn to pre-empt objection – Strike out with costs; Rule 58(1) Tanzania Court of Appeal Rules.
17 February 2021
Improperly admitted and unread documentary exhibits were expunged, collapsing the prosecution case and leading to quashing of conviction.
Criminal procedure – admission of documents: documents must be cleared for admission, actually admitted and read out; failure is fatal and warrants expungement; where expunged documents form the crux of the prosecution case, conviction must be quashed. Issues also raised: chain of custody of seized exhibits; competence to prepare trophy valuation under s.86(4) Wildlife Act.
16 February 2021
Appellant's WSD filed within seven days before hearing was timely; High Court's ex parte order quashed.
Civil procedure — summons to appear v. summons to file defence — interpretation of Order V r.1 and Order VIII r.1 CPC — time for filing written statement of defence — court cannot require filing outside statute — parties should not be punished for court errors — ex parte proof set aside.
12 February 2021
Victim’s credible testimony can sustain sexual‑offence conviction; procedural irregularities curable and did not vitiate conviction.
Criminal law – sexual offences – conviction on child‑victim’s uncorroborated evidence (s.127(7) Evidence Act); evidence – no duty to call specific witnesses (s.143 Evidence Act); procedure – non‑compliance with s.210(3) CPA curable under s.388; second appeal standard – interference only for misdirection/non‑direction.
12 February 2021
An intending appellant’s notice of appeal may be struck out for inordinate inaction after requesting the trial record.
Civil procedure — appeal procedure — striking out notice of appeal for failure to take essential steps; Rule 90 (record of proceedings) — duty to request and collect record; interplay of Transcontinental Forwarders Ltd. and Mohsin Mohamed Taki Abdallah authorities; effect of 2017/2019 amendments to Rule 90; diligence required of intending appellants.
11 February 2021
Conviction on an unequivocal plea for unlawful possession of flamingo trophies upheld; irregular exhibits expunged, appeal dismissed.
Criminal law – plea of guilty – conviction under section 228(2) CPA – when section 312(2) inapplicable; Wildlife Conservation Act – correct charging provision for flamingo trophies (s.86(2)(c)(iii)); Admission of documents – requirement to clear, read out and allow objections – irregular admissions expunged; Plea unequivocality – admitted facts constituting ingredients of offence; Sentence – statutory minimum upheld.
11 February 2021
Appellant's statutory rape conviction upheld; life sentence quashed and substituted with thirty years' imprisonment.
Criminal law – statutory rape – evidence of penetration; cautioned statements – sections 57 and 58 CPA – form not strictly fatal; defective particulars – curable where nature of offence clear; sentencing – magistrate may not impose life without confirmation; concurrent findings upheld.
11 February 2021
Conviction for drug trafficking upheld; procedural omissions were minor and did not vitiate the mirungi evidence.
Criminal law – Drug trafficking – identification and admissibility of vehicle exhibit; seizure procedure under DCEA and CPA – omission to list exhibit and independent witness; chain of custody – documentation and sampling; admissibility of expert/chemistry reports; section 169 CPA discretion; burden of proof and relevance of accused’s conduct and admissions.
11 February 2021
Applicant granted leave to appeal on arguable issues about applicable law, jurisdiction and costs in a struck‑out employment claim.
Second‑bite leave — Rule 47 CA Rules; leave to appeal — test for grant (general importance, novel law, prima facie/arguable appeal); applicability of Civil Procedure Code vs Labour Officer's Report; applicability of 2004 labour laws to pre‑2004 cause of action; res judicata/functus officio; costs under s.143 Employment Ordinance.
11 February 2021
Charge omission curable by particulars; child evidence without voire dire required corroboration which was found; appeal dismissed.
Criminal law – Rape of a child – Defective charge for omission of subsections – Curable under s.388(1) CPA where particulars remove prejudice; Child evidence – absence of recorded voire dire reduces evidence to unsworn and requires corroboration; Corroboration by eyewitness, discovery of victim and medical/hospital evidence; Conviction affirmed; Appeal dismissed.
11 February 2021
Court reduced respondents' instruction fee from Tshs.150,000,000 to Tshs.80,000,000 (Tshs.40,000,000 per advocate).
Taxation of costs — instruction fee — court will interfere with taxing officer’s discretion only where wrong principle applied or amount so high/low as to cause injustice — principles from Premchand Raichand: access to courts, fair reimbursement, reasonable advocate remuneration, consistency of awards — comparative authorities (Hotel Travertine; Mutamwega Bhatt Mugaywa; Cashewnut Board) — reduction to Tshs.40,000,000 per advocate.
11 February 2021
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
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
July 2020
Court found the house on Plot 16; respondent was a trespasser; appellant awarded TZS15M, eviction and injunction.
Land law – trespass to land – disputed location of property – locus in quo visit and certified survey plan establishing location (Plot No.16). Possession and title – buyer in possession – trespass actionable per se despite honest mistake. Damages – failure to prove special damages; award of general damages (TShs 15,000,000). Remedies – eviction and perpetual injunction; costs. Procedure – use of additional evidence via locus in quo under Court of Appeal Rules to resolve factual dispute.
24 July 2020
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
March 2020
Failure to sum up material evidence to assessors vitiated the trial; conviction quashed and retrial ordered.
Criminal procedure – Assessors’ involvement – Duty to sum up evidence to assessors (s.265, s.298(1) CPA) – Inadequate summing up renders trial without aid of assessors and is a nullity – Remedy: quash conviction and order retrial (s.4(2) AJA).
27 March 2020
Extension of time granted where applicant accounted for delay and indicated intended ground (manifest error); Single Justice must not decide substantive merits.
Criminal practice — extension of time — Rule 10 Court of Appeal Rules — good cause assessed by factors including length and reasons for delay, arguability and prejudice. Review procedure — Rule 66(1) — indication of intended grounds (manifest error on the face of the record) suffices at extension stage; detailed proof of merits not required. Limitation on Single Justice — must not determine substantive merits when deciding extension applications.
26 March 2020
Certified copy of term deposit rightly excluded; applicant failed to prove existence of the fixed deposit on balance of probabilities.
Evidence Act (ss. 61, 65–68) – best evidence rule – proof of contents of documents – secondary evidence – requirement to serve notice or procure original holder's attendance; Banking law – alleged fixed deposit – necessity of primary documentary proof for written agreements; Civil procedure – standard of proof – balance of probabilities; Adverse inference – no duty to call witnesses where respondent denies transaction; First appellate reappraisal – rule 36(1)(a).
26 March 2020
Applicant failed to show good cause for extension to lodge review due to unexplained delay; application dismissed.
Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – requirement to show good cause; must account for each day of delay; length and reason for delay and arguability relevant. Review procedure – Rule 66(3) – copy of judgment to be annexed; late supply may justify some delay but applicant must explain all periods. Jurisdiction – Single Justice on extension applications should not probe substantive merits of intended review.
26 March 2020
A defective certificate of delay that omits exclusion of days or records a wrong date is vitiated and must be rectified and re‑lodged.
Civil procedure – certificate of delay – defective certificate – failure to exclude aggregate days and incorrect application date – error vitiates certificate. Court of Appeal Rules (Rule 90(1), Rule 4(2)(a)(b)) – rectification and lodging of supplementary record of appeal.
26 March 2020
A certificate of delay with material errors is vitiated; court allowed rectification and ordered lodging of a rectified certificate within 30 days.
Civil procedure – Certificate of delay – Material errors (wrong application date; failure to exclude days under Rule 90(1)) vitiate certificate; rectification permitted; lodging of rectified certificate as supplementary record of appeal; responsibility of Registrar and duty of party to seek correction.
26 March 2020
Assessor cross‑examination and improperly read exhibits rendered trial unfair; convictions quashed for insufficient corroborated evidence.
Criminal procedure – assessors’ role – assessors must not cross‑examine witnesses (s.177 Evidence Act); preliminary hearing formalities – cautioned statements and exhibits must be read over to accused (s.192(3) CPA); sufficiency of evidence – unreliable eyewitness testimony and uncorroborated cautioned statement cannot sustain a murder conviction; remedy – vitiated proceedings may be nullified but retrial is discretionary and not automatic.
25 March 2020
Appellant's murder conviction and death sentence upheld on cumulative circumstantial evidence, despite expunging the unread Post-Mortem report.
Criminal law – Murder – Circumstantial evidence – Last seen with victim and possession of suspected weapon – Chain of circumstantial facts must be complete and point irresistibly to guilt; Post-Mortem report must be read out when tendered; minor inconsistencies in dates immaterial where charge correctly pleads assault date.
24 March 2020
Review application dismissed: complaints were re‑argument of appeal, not a manifest error on the face of the record.
Appellate review — Review jurisdiction under s.4(4) AJA and Rule 66(1) — Manifest error on face of record — Standard requires obvious, self-evident mistake — Review distinct from appeal — Mesne profits and set-off where partial payment established.
20 March 2020
Failure to comply with section 231(4) CPA in denying defence witnesses rendered subsequent proceedings a nullity; trial to resume.
Criminal procedure – Right of accused to call witnesses – Section 231(1) and (4) CPA – Trial court must inquire into absence of defence witnesses, compel attendance or record reasons – Failure renders proceedings a nullity – Appellate court’s revisional powers to quash and order recommencement of trial.
19 March 2020
Where retrenchment is substantively fair but procedurally defective, courts may award less than twelve months' compensation.
Labour law – retrenchment – operational requirements – validity and fairness of termination for renovation and safety reasons. Labour law – retrenchment procedure – section 38 E.L.R.A. – requirement to give notice, disclose information and consult; failure to issue formal retrenchment notice and inadequate consultation. Employment compensation – unfair termination – discretion to award less than statutory twelve months' remuneration where unfairness is procedural only.
18 March 2020
December 2019
Applicants failed to show good cause for extension of time under Rule 10 due to unexplained delays.
Civil procedure – Extension of time under Rule 10 – Good cause required; applicant must account for each day of delay and show diligence; ‘‘technical delay’’ (Fortunatus Masha) limited to prompt applicants whose original appeal became incompetent; prospects of success not decisive at extension stage.
13 December 2019
Misapplication of section 127 for child evidence requires corroboration; absence of corroboration led to quashing of conviction.
Evidence — Child witness — Section 127 Evidence Act — requirement for a recorded voire dire to admit unsworn evidence; misapplication of section 127 revives need for corroboration. Evidence — Corroboration — absence of corroborative material where section 127 misapplied renders conviction unsafe. Procedure — Admission of documentary medical evidence (PF3) — contents must be read in court or may be rendered ineffective.
13 December 2019
Court granted extension to appeal despite partial delay accounting because apparent illegality on the face of the record constituted good cause.
Court of Appeal jurisdiction — competence of Court to hear extension applications where notice of appeal exists; Extension of time — discretionary, requires accounting for each day of delay; Apparent illegality on face of record may constitute good cause; Rule 10 Court of Appeal Rules; Section 11 AJA and Rule 47 procedural commencement.
13 December 2019
Extension of time granted due to technical delay by High Court Registry and arguable illegality, appeal to be filed within 60 days.
Extension of time – Court of Appeal Rules, Rule 10 – technical delay caused by High Court Registry’s failure to supply appeal records – illegality (jurisdictional defect and denial of hearing) as sufficient ground to grant extension – applicant’s duty to show good cause – no reply affidavit meant applicant’s account stood unchallenged.
13 December 2019
Driver's trafficking conviction upheld; mechanic's conviction quashed for lack of proof of participation.
Criminal law — Trafficking in narcotic drugs (khat) — Lawful arrest and search; chain of custody requirements for seized drugs; admissibility and weight of forensic analysis; credibility of police witnesses and absence of civilian witnesses; distinction between presence and participation (common intention) — conviction sustained for driver/owner, acquittal for alleged mechanic.
12 December 2019
Revision application withdrawn; applicant ordered to pay costs after failing to prove notice of withdrawal.
Civil procedure — Revision of High Court probate proceedings — application withdrawn under Rule 58(3) Court of Appeal Rules, 2009. Probate law — alleged procedural irregularities (domicile affidavit, annexing will, citation, ex-parte hearing) — raised but not determined due to withdrawal. Legal Aid Act 2017 s.31 — legal aid does not automatically preclude costs; costs may be ordered in exceptional circumstances and for conduct causing unnecessary expense. Costs — failure to produce proof of notice of withdrawal and failure to inform respondent justified ordering costs against applicant.
12 December 2019
Failure to specify irreparable loss and to provide security justified dismissal of the stay of execution application.
Civil procedure — Stay of execution — jurisdiction to stay orders of subordinate courts where notice of appeal is filed; Rule 11(2)(d) — cumulative requirements: irreparable/substantial loss, absence of unreasonable delay, and security for due performance; Security for stay — essential to safeguard judgment creditor and facilitate post-appeal execution; General allegations of hardship insufficient to demonstrate irreparable loss.
12 December 2019