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.
5 judgments

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5 judgments
Citation
Judgment date
November 1991
Notice of appeal struck out where appeal was out of time, no leave sought, and objectors lacked standing.
Procedure — Appeal — Rule 82 strike out — Notice of appeal struck out for being out of time and filed without leave; standing to appeal — only parties or legal representatives may appeal; leave to appeal and time limits essential; inherent jurisdiction not used to salvage defective appeal.
29 November 1991
Trial judge’s credibility findings and combined evidence of weapons, arson and statements established intent to kill; appeal dismissed.
* Criminal law – Murder – proof of malice aforethought – use of weapons, arson and express statements as evidence of intent. * Evidence – witness credibility – appellate deference to trial judge who heard witnesses. * Evidence – accomplice/tender-age witness – competence, corroboration and weight of testimony. * Criminal procedure – appeal against conviction – evaluation of alibi and alleged bias.
15 November 1991
Reported

Evidence - Evidence by witness of tender age - Witness aged fifteen years - Whether needing corroboration.
Evidence - Credibility of witnesses - Trial court best placed to determine credibility.
Criminal Law - Murder - Malice a forethought - Attacking a confessed thief with knife, club, fire, and utterances that he would die and be finished off - Whether establishing malice aforethought.

15 November 1991
Inadmissible confessions to police constables were wrongly received, but medical and circumstantial evidence nonetheless supported murder convictions and death sentences.
* Evidence – Confessions – Admissibility of confessional statements made to police constables and requirement to have such statements repeated before a judicial officer. * Evidence – Improper admission of prior statements used to impeach may permit inadmissible confessions to enter by the back door. * Criminal law – Causation in homicide – medical evidence of suffocation and supporting circumstantial evidence sufficient to establish death by unlawful act. * Sentencing – Mandatory death sentence for murder affirmed where conviction stands.
15 November 1991
On appeal the manslaughter conviction was quashed; substituted with assault causing actual bodily harm and the appellant ordered released.
Criminal law – appeal against conviction – manslaughter v. assault causing actual bodily harm; evaluation of medical evidence (blunt object v. fist); failure to call critical witness (deceased’s wife) raising reasonable doubt; sentence and credit for time served.
15 November 1991