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.
6 judgments

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6 judgments
Citation
Judgment date
April 1984
Circumstantial evidence surrounding a dying declaration sufficiently corroborated identification and sustained the murder conviction.
* Criminal law – conviction based on dying declaration – need for corroboration and sufficiency of circumstantial corroboration. * Criminal law – identification evidence – reliability where incident occurred at night and witness descriptions vary. * Circumstantial evidence – conduct after the incident (possession of weapon, failure to assist, refusal to admit police) as corroboration.
27 April 1984
Circumstantial evidence and conduct can sufficiently corroborate a dying declaration to uphold a murder conviction.
Criminal law – murder – dying declaration – necessity for corroboration – circumstantial evidence as corroboration; identification in dark conditions; accused’s conduct as corroborative circumstance.
27 April 1984

Contract - Formation - Agreement made verbally - Arrangement lasted for five years - Whether valid contract. Contract - Agency - Agent incurs expenses to run the business - Nature of agency. Contract - Agreement carries no terms - Duty of the Court. Contract - Agency - Contract carries no terms - Termination - Whether court to imply reasonable notice of termination

27 April 1984
Court affirms conviction; original record cured typed-record defects and trial was not a nullity.
Criminal law – sufficiency of evidence to infer knowledge and participation in conspiracy and theft; credibility and inferences from conduct and silence; criminal trial procedure – validity of a three-magistrate panel’s judgment where typed record shows only two signatures or one magistrate taking evidence; original record curing defects in typed proceedings.
27 April 1984
The applicant’s appeal against conviction for conspiracy and theft dismissed; trial found valid despite signature discrepancies.
Criminal law – Conspiracy and theft – Sufficiency of evidence – Inference from conduct and omissions – Appellate review; Criminal procedure – Alleged irregularity in magistrates’ judgment – Typed proceedings versus original record – Unanimous decision established by signed original entries.
27 April 1984
Court upheld manslaughter convictions, dismissed cross‑appeal for murder, and reduced each sentence to ten years.
Criminal law – killing during abduction – distinction between murder and manslaughter where trial judge finds no intention to kill; constructive or implied malice under s.200(c) not to be broadly applied; liability of co‑accused under s.23 (common intention); sentence reduction where pre‑trial custody not accounted for.
27 April 1984