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.
8 judgments

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8 judgments
Citation
Judgment date
May 1995
Lack of notice of a summary dismissal does not justify extension of time to file a notice of appeal.
Court of Appeal — Rule 8 (extension of time) — Summarily dismissed appeals under Magistrates' Courts Act (s.28(3)) — absence of notification insufficient for extension — summary dismissal not appealable under Appellate Jurisdiction Act (s.5).
31 May 1995
Magistrates’ Courts - Jurisdiction - Jurisdiction over land held under customary law - Magistrates’ Courts Act 1984
Civil Practice and Procedure - Pleadings - Order of the High Court granting leave for the case to proceed before the Resident Magistrate not pleaded - consequences thereof
24 May 1995
The applicant with an existing right of appeal cannot seek revision absent exceptional circumstances.
Civil procedure – Appellate and revisional jurisdiction – mutual exclusivity – availability of revision under s.4(3) AJA where a party has (or had) an appeal right – loss of appeal through applicant’s fault not exceptional.
24 May 1995
Court of Appeal - Revisional Jurisdiction - Revision by the Court of Appeal of Tanzania - When such revision is available - Section 4(3) of the Appellate Jurisdiction Act, 1979
24 May 1995
Self-defence existed but excessive force used; conviction reduced from murder to manslaughter with five-year sentence.
Criminal law – self-defence – applicability where accused reasonably fears imminent attack – limitations and excess force – Penal Code sections 18, 18A and 18B(3) – excessive force causing death attracts manslaughter not murder.
23 May 1995
Self-defence established but force was excessive; conviction reduced from murder to manslaughter and sentence commuted to five years.
Criminal law – Homicide – Self-defence – Assessment of extra‑judicial statement and sequence of events – When force is reasonable. Criminal law – Excessive defensive force – Manslaughter under section 18B(3) Penal Code
Evidence – Appellate review where trial judge relied selectively on parts of statement
Authorities – Distinction from IPALALA and caution in applying Palmer
23 May 1995
The appellant's self-defence was accepted but excessive force warranted manslaughter conviction and five-year sentence.
Criminal law – Self-defence – Honest and reasonable belief of imminent peril; necessity and proportionality of force. Excessive force in defence – liability for manslaughter under Penal Code s.18B
Appeal – substitution of conviction and sentence where trial judge misapplied self-defence principles
23 May 1995
A notice of appeal was struck out where the respondent failed to institute the appeal and offered no factual rebuttal.
Striking out notice of appeal; Rule 82 application; adjournment by letter inappropriate; requirement to file counter-affidavit to dispute factual allegations; failure to institute appeal justified striking out notice.
22 May 1995