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

9 judgments

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9 judgments

Citation	Judgment date
October 1980
Salum Choka and Another vs Republic (Criminal Appeal No. 80 of 1980) [1980] TZCA 116 (20 October 1980)	20 October 1980
September 1980
Mofat Moses Kajange vs The Republic (Criminal Appeal No. 46 of 1979) [1980] TZCA 104 (8 September 1980) Appellant's alibi rejected; conviction for murder upheld on credible eyewitness and medical evidence. * Criminal law – Murder – Identification and eyewitness evidence – Multiple eyewitnesses saw the accused stab the deceased; credibility preferred over alibi. * Appellate review – Findings of fact and credibility – Appellate court will not disturb trial court's accepted witness assessments absent clear error. * Defence – Alibi – Alibi rejected where unsupported and contradicted by consistent independent testimony and medical evidence.	8 September 1980
June 1980
Athumani Munga vs Republic (Criminal Appeal 20 of 1980) [1980] TZCA 7 (11 June 1980) Appeal dismissed where eyewitness identification and a corroborated dying declaration disproved the appellant's alibi. * Criminal law – Murder – Identification of accused by local witnesses who knew him prior to the incident – reliability of identification evidence. * Criminal law – Dying declaration – deceased’s statement identifying assailant corroborated by eyewitnesses. * Criminal procedure – Alibi – rejection where evidence shows presence at scene and is not credible. * Appeal – Safety of conviction – appellate court upholds trial court findings where evidence is consistent and credible.	11 June 1980
Mnyawanga s/o Mwiyoha vs Republic (Criminal Appeal 12 of 1980) [1980] TZCA 2 (11 June 1980) Conviction upheld: insanity not proved and alleged insult insufficient to amount to provocation. Criminal law – insanity defence – unsworn statement and witness denial; flight as evidence of awareness; provocation – verbal insult insufficient to justify fatal violence; conviction upheld on appeal.	11 June 1980
Myawanga Mwiyoha vs Republic (Criminal Appeal 12 of 1980) [1980] TZCA 103 (11 June 1980) Whether the appellant was insane or provoked — conduct and inadequate provocation upheld the conviction. Criminal law – Insanity defence – unsworn statements contradicted by witnesses and post-offence flight as evidence of sanity; Provocation – mere insulting words insufficient to justify homicidal reaction; Appeal – conviction upheld where defences disbelieved and conduct indicates awareness of wrongdoing.	11 June 1980
Richard Kasembe vs Republic (Criminal Appeal 10 of 1980) [1980] TZCA 5 (10 June 1980) A 14‑year robbery sentence was unlawful; record returned for resentencing within magistrate’s statutory limits. Criminal law — Robbery — Minimum Sentences Act — Resident Magistrate’s sentencing power limited to 7 years (or 8 years with confirmation) — Sentence exceeding statutory limit is illegal — Illegal sentence set aside and record remitted for resentencing — Reference to section 5A Criminal Procedure Code.	10 June 1980
May 1980
Catherine Chrisant vs Republic (Criminal Appeal 53 of 1980) [1980] TZCA 21 (30 May 1980) Unintentional death of infant during assault on adult amounted to manslaughter, not murder, absent malice aforethought. * Criminal law – Distinction between murder and manslaughter – malice aforethought – unintended death of infant struck incidentally during assault on another person – substitution of conviction and sentence.	30 May 1980
March 1980
Agnes Doris Liundi v. Republic (Criminal Appeal 82 of 1979) [1980] TZCA 106 (10 March 1980) Reported Evidence - Insanity - Mental stress - Letters imply innocence and punishment relating to the killings - Whether appellant did not know what she was doing was, wrong. Sentence - Of death - To be passed on one count	10 March 1980
January 1980
Catherine Christant vs Republic (Criminal Appeal No. 52 of 1980) [1980] TZCA 112 (1 January 1980) Accidental infant death during an assault on the mother does not establish malice aforethought for murder. Criminal law – unlawful assault resulting in death – distinction between murder and manslaughter – requirement of malice aforethought or intent to kill/grievous bodily harm – accidental death during assault insufficient for murder conviction.	1 January 1980