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
December 1991
Forgery conviction set aside; convictions for uttering and attempting to obtain money upheld.
Criminal law – Forgery and uttering – False document (cheque) – Attempt to obtain money by false pretences – Circumstantial evidence – Sufficiency of proof of authorship – Investigator acting as prosecutor – No automatic nullification absent prejudice – Possibility of third‑party (Headquarters) involvement.
3 December 1991
Circumstantial evidence must exclude reasonable innocent explanations before sustaining a murder conviction.
Criminal law – Murder – Circumstantial evidence – Requirement of a complete chain of evidence excluding every reasonable hypothesis of innocence – Appellate intervention where circumstantial proof is not watertight.
3 December 1991
Failure to attach the decree to a memorandum of appeal renders the appeal invalid and requires dismissal.
Civil procedure – memorandum of appeal – mandatory requirement to accompany memorandum with copy of decree appealed from – non‑compliance renders appeal invalid and liable to dismissal; High Court’s determination of an improperly constituted appeal is a nullity – District Court judgment restored. Exhibits – unstamped exhibits not necessarily fatal. Registered land – disposition requires Commissioner for Lands’ consent.
3 December 1991
3 December 1991
Appeal allowed: inadequate directions on intoxication and specific intent led to substitution of murder conviction with manslaughter and eight-year sentence.
Criminal law — Intoxication and temporary insanity — Distinction between insanity and capacity to form specific intent for murder — Trial judge’s directions to assessors — Presumption that one intends natural and probable consequences — Substitution of murder conviction with manslaughter where doubt on specific intent.
3 December 1991