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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
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https://jmap.judiciary.go.tz/jmap/jmap-coa
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7 judgments
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October 2009
Robert Kidogo vs The Republic (Criminal Application No. 7 of 2008) [2009] TZCA 260 (11 October 2009)
Prisoner’s lack of assistance from prison authorities justified extension of time to file a notice of appeal.
Criminal procedure — extension of time to file notice of appeal — delay due to prison authorities' failure to assist — prisoners’ lack of capacity to prepare/file documents — constitutional right to appeal not defeated by technicalities.
 11 October 2009
September 2009
Godfrid Lupembe vs Republic (Criminal Appeal No. 470 of 2007) [2009] TZCA 166 (17 September 2009)
Appeal allowed: ten-year manslaughter sentence reduced to five years due to mitigating circumstances and remorse.
Criminal law – Manslaughter – Sentencing – Mitigating factors (drunkenness of deceased, absence of excessive force, assistance to hospital, plea of guilty, remand time, dependants) – Appellate interference where sentence manifestly excessive or important circumstances ignored.
 17 September 2009
Joseph Macarius Ntara vs Republic (Criminal Appeal No. 157 of 2005) [2009] TZCA 85 (15 September 2009)
Appeal allowed: prosecution failed to prove identity, causation and malice beyond reasonable doubt; conviction quashed.
Criminal law – Murder – Proof beyond reasonable doubt; identity and causation between assaulted person and recovered body; failure to call material witness – adverse inference; evidential weight of post‑mortem timing and injury discrepancies; proper assessment of self‑defence and surrounding circumstances.
 15 September 2009
Mustafa Songambele vs Republic (Criminal Appeal No. 176 of 2007) [2009] TZCA 169 (15 September 2009)
Second appeal against rape conviction dismissed; identification sufficient, PF3 expunged but oral evidence upheld.
* Criminal law – rape – identification in daylight and corroboration by fleeing witness. * Evidence – PF3 (medical report) inadmissible where accused not informed of right to have doctor summoned (s.240(3) CPA). * Sexual Offences Act – requirement to conduct proceedings in camera (s.28) and miscarriage of justice standard. * Evidence – voir dire unnecessary where complainant above statutory age threshold for tender-age witness (Law of Evidence). * Second appeal – appellate restraint on upsetting trial findings absent misdirection or miscarriage of justice.
 15 September 2009
Shani Kapinga vs Republic (Criminal Appeal No. 337 of 2007) [2009] TZCA 170 (15 September 2009)
Appeal allowed: substituted charge and admission of a repudiated cautioned statement without inquiry vitiated the conviction.
* Criminal procedure – Charge substitution – Section 234(2)(b) CPA – duty to inform accused of right to recall witnesses and allow fresh evidence or further cross-examination. * Evidence – Cautioned statement – Repudiation – Prosecution’s burden to prove voluntariness under section 27(2) Evidence Act. * Witness impartiality – Investigating officer composing statement and testifying – prejudicial double role – renders testimony and statement unreliable. * Conviction safety – Exclusion of tainted evidence may leave insufficient evidence to sustain conviction.
 15 September 2009
Imamu s/o Kaudu Ngonyani vs Republic (Criminal Appeal No. 94 of 2006) [2009] TZCA 124 (14 September 2009)
Failure to assist a restrained person and concealment can permit inferring malice aforethought for murder.
Criminal law – Murder – Circumstantial evidence – Omission/failure to rescue – Inference of malice aforethought from conduct and concealment – Drowning while hands tied.
 14 September 2009
January 2009
Stansley Wililo vs Republic (Criminal Appeal No. 32 of 2009) [2009] TZCA 204 (1 January 2009)
A caution statement admitting consensual sex binds the prosecution; PF3 expunged for s240(3) breach, rendering the rape conviction unsafe.
* Criminal law – Rape – whether sexual intercourse was consensual – effect of caution statement admitting intercourse but asserting consent. * Evidence – PF3/medical report – section 240(3) Criminal Procedure Act – accused’s right to have the examining doctor called for cross-examination; failure to inform accused; authenticity and admissibility of medical report. * Evidence – concurrent inconsistencies in witnesses’ accounts and effect on safety of conviction. * Sentencing/compensation – requirement to call accused to show cause before awarding compensation.
 1 January 2009