Skip to document content Skip to main menu Skip to search

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.
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-coa
7 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
7 judgments
Citation
Judgment date
July 1981
Zaveri Kanyika Ans 2 Others vs Republic (Criminal Appeal 49 of 1979) [1981] TZCA 25 (31 July 1981)
Collective repeated assaults caused death; malice aforethought not proved, convictions reduced from murder to manslaughter.
Criminal law – homicide – causal contribution of cumulative assaults to death – requirement of malice aforethought for murder – abetment under section 22(c) Penal Code – substitution of manslaughter conviction and sentence.
 31 July 1981
Mganga Matonya and Another vs Republic (Criminal Appeal 38 of 1980) [1981] TZCA 24 (23 July 1981)
Court upheld murder convictions: voluntary confessions corroborated by possession of stolen cattle; joint liability under s.23.
Criminal law – Admissibility of extra‑judicial confessions – voluntariness and truthfulness as questions for trial judge. Evidence – Retraction by unsworn statement and allegation of torture – requires independent proof to displace confession. Evidence – Possession of recently stolen property as corroboration. Criminal law – Joint liability under section 23 (common participation) where all take part in a raid resulting in death.
 23 July 1981
Juma Mohamedi vs Republic (Criminal Appeal 10 of 1981) [1981] TZCA 13 (22 July 1981)
Appeal against nine-year manslaughter sentence dismissed; sentence severe but not excessive.
Criminal law – Manslaughter – Sentence – Appeal against sentence – Whether a nine-year term was excessive where the accused locked the room, summoned villagers and stabbed the deceased found in flagrante delicto.
 22 July 1981
Juma Mohamedi vs Republic (Criminal Appeal No. 10 of 1981) [1981] TZCA 33 (22 July 1981)
Appeal against nine-year manslaughter sentence dismissed; sentence severe but not excessive given the circumstances.
Criminal law – Manslaughter – Sentence – Killing of person found flagrante delicto with appellant’s spouse; severity of sentence – appeal against sentence dismissed.
 22 July 1981
Kabotola Njobelo vs Republic (Criminal Appeal 99 of 1979) [1981] TZCA 27 (22 July 1981)
Manslaughter conviction upheld; 12-year sentence reduced as excessive to permit appellant's immediate release.
Criminal law – Manslaughter – fatal injury caused by fall onto implement after a push during a domestic quarrel – culpability and foreseeability.* Sentencing – Excessive sentence – appellate reduction where sentence disproportionate to circumstances and time already served.* Remedy – reduction of term to effect immediate release.
 22 July 1981
Abdallah Mussa Mkambara vs Republic (Criminal Appeal 98 of 1979) [1981] TZCA 26 (16 July 1981)
Whether convictions for theft by a public servant are safe where key witness evidence lacks reliable corroboration.
Criminal law – theft by public servant – credibility and corroboration of witnesses – appellate review of convictions; Evidence Act s.68 – notice to produce applies to criminal proceedings.
 16 July 1981
Abdallah Mussa Mkambara vs Republic (Criminal Appeal 99 of 1979) [1981] TZCA 18 (16 July 1981)
Appeal partly allowed: one theft conviction quashed for lack of corroboration; other convictions and sentences upheld.
Criminal law – theft by public servant – sufficiency of evidence and credibility of witnesses – convictions upheld where corroborated by documentary and reliable oral evidence; conviction unsafe where principal witness unreliable and uncorroborated. Evidence Act – Section 68 (notice to produce) applicable to criminal proceedings; Evidence Act governs all judicial proceedings. Appeal – appellate review of trial findings – circumstances warranting quashing of a conviction for lack of corroboration.
 16 July 1981