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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
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https://jmap.judiciary.go.tz/jmap/jmap-coa
12 judgments
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12 judgments
Citation
Judgment date
November 1979
Evance Hemed vs Republic (Criminal Appeal 17 of 1979) [1979] TZCA 5 (7 November 1979)
Appellant's forgery conviction quashed for lack of intent; two theft convictions upheld on evidential grounds.
* Criminal law – Forgery – Requirement of fraudulent intent – Alteration showing a larger amount received may negate intent to defraud. * Criminal law – Stealing by servant – Evidence required to sustain conviction; appellate deference to concurrent findings. * Evidence – Relevance of documentary proof – Inconsistent dates render vouchers irrelevant to defence.
 7 November 1979
Joseph Baton Kawia vs Republic (Criminal Appeal 14 of 1979) [1979] TZCA 6 (7 November 1979)
Appellant’s intrusion defence rejected; conviction for theft by public servant upheld on credibility and sufficiency of evidence.
Criminal law – Theft by public servant (Penal Code ss. 270, 265) – Credibility of accused’s explanation of third‑party intrusion – Appellate deference to trial court findings of fact and credibility.
 7 November 1979
Mohamed Seif vs Republic (Criminal Appeal 6 of 1979) [1979] TZCA 10 (7 November 1979)
Conviction based on a single, unreliable identification at dusk was unsafe; convictions quashed and appellant released.
* Criminal law – Identification evidence – Reliability of identification by a single witness seen for the first time at dusk under parking lights – Need for caution where conviction rests solely on such evidence; lack of corroboration renders conviction unsafe. * Criminal law – Insufficient evidence – Conviction quashed where no evidence supported a charged count.
 7 November 1979
Mukendi Masumbabidia and Another vs Republic (Criminal Appeal 10 of 1979) [1979] TZCA 12 (7 November 1979)
Court upheld findings that victims were drugged, supporting theft convictions, and dismissed the appellants' appeal.
* Criminal law – Theft – property taken from persons allegedly drugged – capacity and consent; inference of administration of a noxious substance from circumstances. * Appellate review – concurrent findings of fact – when appellate court will not disturb lower courts' factual conclusions. * Defence of voluntary payment versus duress/incapacity resulting from drugs.
 7 November 1979
Mukendi Masumbabidia and Another vs Republic (Criminal Appeal 10 of 1979) [1979] TZCA 7 (7 November 1979)
Court upheld finding that victims were drugged and dismissed the appellants' appeal against theft convictions.
Criminal law – Theft – Administration of noxious drug rendering victims incapable of consenting; Appellate review – concurrent findings of fact – will not be disturbed if supported by credible evidence; Credibility assessments – defence alternative explanations of voluntary payment held marginal; Evidence – inference of stupefaction from circumstances.
 7 November 1979
Peter Mfalamagoha vs Republic (Criminal Appeal 11 of 1979) [1979] TZCA 13 (7 November 1979)
Exclusion of a police confession did not undermine conviction; discovery‑led confession and other evidence supported murder verdict.
Criminal law – Murder of a newborn – Admissibility of extra‑judicial confessions – Evidence Act 1967, ss.27, 28 (confessions) and s.31 (discovery) – Discovery rule can render confession‑derived facts admissible even if confession is otherwise inadmissible – sufficiency of corroborative evidence (wife’s statement, discovery, autopsy).
 7 November 1979
Suitbert Mtella vs Republic (Criminal Appeal 9 of 1979) [1979] TZCA 11 (7 November 1979)
Conviction quashed where prosecution failed to prove appellant received the alleged stolen monies; demeanour cannot supply missing proof.
Criminal law – theft by public servant – necessity of proving receipt/possession of alleged monies – prosecution’s burden of proof; accused’s unsatisfactory demeanour cannot substitute for missing evidence; unproduced documents not admissible against accused.
 7 November 1979
Tikwa Majuga vs Republic (Criminal Appeal 12 of 1979) [1979] TZCA 14 (7 November 1979)
An appellant's extra‑judicial confession, corroborated by possession and flight, sustains murder conviction under section 23.
* Criminal law – extra-judicial statement – voluntariness and admissibility; corroboration by recent possession and flight; joint liability for murder under section 23 of the Penal Code.
 7 November 1979
Ali Salehe Msutu v. Republic (Criminal Appeal 3 of 1979) [1979] TZCA 18 (6 November 1979)
Reported

Evidence - Alibi - Unsworn statement - No evidence to support alibi
Evidence - Confession - Repudiated confession - Whether can support conviction
Evidence - Repudiated confession - Requires corroboration as a matter of prudence
Evidence - Repudiated confession - Exculpatory statements of co-accused - Cannot corroborate

 6 November 1979
Zabron Msua vs Republic (Criminal Appeal 7 of 1979) [1979] TZCA 8 (6 November 1979)
A court must assess prosecution evidence before convicting an appellant solely because his defence was disbelieved.
Criminal law – Murder – Conviction cannot be based solely on disbelief of accused; trial court must assess prosecution evidence; appellate court on first appeal may re‑assess evidence and credibility where demeanour need not be evaluated; evidence of presence, lighting, weapon and wound nature can establish knowledge and malice aforethought.
 6 November 1979
October 1979
John P. Mwita vs Republic (Criminal Appeal 4 of 1979) [1979] TZCA 9 (25 October 1979)
Concurrent factual findings of possession of stolen property shortly after a break-in supported dismissal of the appeal.
Criminal law – possession of recently stolen property – credibility findings – appellate interference with concurrent findings of fact – propriety of summary dismissal of appeal – adjournment on medical grounds.
 25 October 1979
March 1979
Amratlal Damodar Maltaser and Another t/a Zanzibar Silk Stores v. A.H. Jariwalla t/a Zanzibar Hotel (Civil Appeal 5 of 1979) [1979] TZCA 20 (10 March 1979)
Reported

Civil Practice and Procedure - Delay in the trial of a suit - Observations.
Civil Practice and Procedure - Concurrent findings of facts by two courts - What appeal court to do - Rule or practice.
Landlord and Tenant - Sub-tenant partitioning and subletting portion of premises without consent of tenant - Whether lawful sub-tenancy created.
Rent Restriction - Unlawful sub-tenancy - Whether sub-tenant protected - Rent Restriction Act, 1962.
Rent Restriction - Order for vacant possession - Whether trespasser protected - Rent Restriction Act 1962, s. 19(2).
Acquisition of Buildings - Registrar stepping into the shoes of the owner - Whether trespasser sub-tenants may be accepted as lawful tenants by Registrar.
Landlord and Tenant - Notice to quit - Rent accepted after notice - Whether amounts to waiver.
Tender - Meaning - Effect.

 10 March 1979