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.
9 judgments
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Results. 9 judgments found.

9 judgments
July 2008
Prisoner’s notice of appeal deemed timely; rape conviction quashed for insufficient identification and medical corroboration.
  • Civil procedure — Appeal — Computation of Time
  • Criminal law
    • — identification evidence — visual and voice identification reliability
    • — medical evidence — PF3/hospital notes referring to uncalled witnesses insufficient corroboration
    • — Rape — conviction quashed for lack of corroborative evidence
25 July 2008
Appellant's conviction quashed due to unreliable identification, inconsistencies and prosecution's failure to call a key witness.
  • Criminal law
    • — Circumstantial evidence — exclusivity of access to the scene
    • — incest/rape — identification of assailant by young complainant
25 July 2008
Child's credible uncorroborated testimony can sustain a rape conviction; trials with child victims should be in camera; corporal punishment unlawful with mandatory life.
  • Criminal law
    • — sexual offences against a child — reliance on child complainant's uncorroborated evidence
    • — statutory rape of a child under ten — substitution of sentence to mandatory life under s131
  • Criminal procedure — trial in camera for sexual offences — Children and Young Persons Act s3(5) — Non‑compliance not automatically a nullity
25 July 2008
Reported
Child witnesses and PF3 corroboration sustained rape conviction; corporal punishment quashed, life sentence and compensation upheld.
  • Criminal law — Cautioned statement admitted for identification — non‑evidence
  • Criminal law — Children and Young Persons Act — in‑camera evidence
  • Criminal law — Corroboration in child sexual‑offence cases — PF3 and accused's conduct
  • Criminal law — Evidence of children — Voir dire requirements
  • Criminal law — sentencing
    • — corporal punishment quashed
    • — mandatory life for rape of a girl under ten
25 July 2008
Reported
Conviction for rape of a three‑year‑old upheld; corporal punishment quashed, life sentence and compensation affirmed.
  • Criminal law
    • — sentencing — corporal punishment quashed — Compensation under s348A Criminal Procedure Act
    • — sexual offences against a child — Proof of age, penetration and identity — reliance on victim’s testimony and medical (PF3) corroboration
  • Evidence — Child witness voire dire — Requirement to record voir dire questions and answers to satisfy section 127(2) Evidence Act — Evidence Act ss 127(2), 127(7)
25 July 2008
Reported
Conviction quashed for reliance on uncorroborated accomplice evidence and unsatisfactory identification; defence not properly considered.
  • Criminal law
    • — accomplice evidence — requirement of corroboration — Section 142 Evidence Act: co‑accused statement absent insufficient to corroborate
    • — Evaluation of defence — appellate court stepping into trial court’s shoes when defence not considered
    • — identification of stolen property — Insufficient specification of distinguishing marks
25 July 2008
Conviction quashed where accomplice corroboration, alleged admissions and identification were not satisfactorily proved.
  • Criminal law — accomplice evidence — admissibility and corroboration
  • Criminal law — Confession and admissions — proof in evidence
  • Criminal law — identification of property
    • — duty to consider accused's defence before convicting
    • — sufficiency of identifying marks
25 July 2008
Court of Appeal limited to reviewing matters decided by High Court; sentence lawfully increased to 15-year statutory minimum.
  • Criminal law — appellate scope
    • — challenge to conviction not entertainable where High Court did not decide it
    • — Court of Appeal confined to matters decided by High Court
  • Criminal law — Cattle theft — statutory minimum sentence
  • Criminal law — Revision jurisdiction — High Court may correct sentence below statutory minimum
18 July 2008
January 2008
1 January 2008