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.
14 judgments

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14 judgments
Citation
Judgment date
May 2020
Appeal dismissed: survey and allocation of Plot 347 proved; demolition order valid; compensation issue not open on appeal.
Land law – ownership and allocation of surveyed plots – admissibility and sufficiency of survey evidence – evaluation of conflicting oral evidence; trespass and remedies – demolition and vacant possession; appellate procedure – new issues and compensation cannot be raised on appeal if not pleaded/determined at trial.
19 May 2020
An invitee granted permission to use land cannot acquire title by limitation; alleged forgery must be strictly proved.
* Land law – adverse possession – Limitation Act item 22 – invitee occupying with permission cannot acquire title by limitation. * Evidence – allegation of forgery/fraud in civil proceedings requires heightened standard of proof. * Civil procedure – Order XX Rule 4 – consolidated grounds and reasons for decision.
18 May 2020
An out‑of‑time cautioned statement may be admissible where section 50(2) exceptions or investigative complications justify delay; appeal allowed.
* Criminal procedure – cautioned statements – requirements of section 50(1)(a) CPA – four‑hour rule; exceptions under section 50(2) – awaiting relative/lawyer and periods while investigator refrains from interviewing – complications in investigation may justify out‑of‑time recording. * Admissibility – procedural non‑compliance does not automatically exclude evidence where omission is procedural and not prejudicial. * Remedy – appellate admission and remittal for trial continuation.
15 May 2020
Second appeal dismissed: PF3 expunged, child’s testimony and corroborative evidence sustained statutory rape conviction.
Criminal law – statutory rape – proof of penetration by child witness using non-technical terms; Evidence – inadmissible tendering of PF3 by prosecutor; Proof of age – parental testimony acceptable; Visual identification at night – Waziri Amani standard; Appellate procedure – second appeal cannot raise grounds not raised on first appeal.
15 May 2020
Combining counts at judgment stage is irregular; such amendment vitiates conviction and requires composing a fresh judgment.
Criminal procedure – Amendment of charge – Section 234 CPA – Amendment permissible during trial but not at judgment stage; combining counts at judgment stage is irregular and fatal; revisional powers under section 4(2) AJA to nullify judgment; appeal from a nullity is incompetent; direction to compose fresh judgment where defect limited to judgment.
13 May 2020
Victim’s credible testimony and medical evidence upheld; convictions and mandatory life sentence affirmed despite no fresh hearing on enhancement.
Criminal law – Sexual offences against a child – Proof of penetration – Victim’s unsworn evidence under section 127(2) Evidence Act – Medical evidence (PF3) corroboration – Concurrent findings of fact on appeal – Enhancement of sentence on appeal without fresh hearing.
13 May 2020
Court grants applicant extension of time to seek leave to appeal, finding procedural 'technical delay' sufficient good cause.
Civil procedure – Extension of time under Court of Appeal Rules (rule 10) – Good cause – Technical delay due to omission to annex drawn order and misstatement of date – Discretion to extend time – Leave to appeal.
13 May 2020
The appellant's conviction was upheld as the child victim's credible, corroborated evidence proved the offence beyond reasonable doubt.
* Criminal law – Sexual offences against children – Credibility of child complainant; evidence of child alone may sustain conviction. * Corroboration – medical and eyewitness evidence supporting child testimony. * Evidence – trivial contradictions and failure to call other witnesses not necessarily fatal. * Appeal – concurrent findings on credibility will not be disturbed absent clear misapprehension of evidence.
13 May 2020
Mortgage valid where mortgagor's affidavit declared he was single and the appellant had not registered any interest.
Land law – Mortgage of matrimonial home; Mortgage Financing (Special Provisions) Act – mortgagor's duty to disclose and mortgagee's duty to verify; admissibility and effect of affidavit of marital status; estoppel under Evidence Act; registrable interest/caveat requirement under Law of Marriage Act and Land Act.
11 May 2020
Child-victim’s credible testimony and medical corroboration upheld convictions; absence of social welfare officer was not fatal.
* Criminal law – sexual offences – rape and unnatural offence against a child – credibility of child witness under s.127 Evidence Act – corroboration by parental examination and medical PF3. * Criminal procedure – substitution of charge – proper prosecution application and reading of substituted charge. * Law of the Child – role of social welfare officer limited to Juvenile Courts where child is accused – absence in ordinary trial of a child witness not fatal. * Evidence – hearsay complaints where witnesses recount post-incident actions are not necessarily inadmissible.
11 May 2020
Interlocutory non-final High Court orders are not reviewable on appeal or revision under section 5(2)(d) AJA, even if they concern jurisdiction.
Appellate procedure – Appellate Jurisdiction Act s.5(2)(d) – interlocutory/preliminary High Court orders – prohibition of appeals or revision unless order finally disposes of suit – no exception for alleged jurisdictional issues.
7 May 2020
Victim's corroborated testimony and voluntary confessions upheld; social welfare officer unnecessary outside Juvenile Court.
Criminal law – Rape – evidentiary value of victim's testimony – corroboration by other witnesses; Oral confession – admissibility and weight; Cautioned (retracted) statement – requires corroboration; Law of the Child – social welfare officer required only in Juvenile Court proceedings; Evaluation of minor contradictions in witness evidence.
6 May 2020
The applicant's conviction for rape was upheld based on victim testimony corroborated by oral confession and corroborated cautioned statement.
Criminal law – Rape – evidence of victim; oral confession admissibility; cautioned statement retracted but corroboration required; child witness protections under Law of the Child; impeachment of court record; material versus minor discrepancies in witness testimony.
6 May 2020
Prosecutrix's testimony, medical report and confessions upheld; applicant's appeal against rape conviction dismissed.
* Criminal law – Rape – proof of penetration normally from prosecutrix; in statutory rape age must be proved.* Corroboration – medical report (PF3) and confessions may corroborate prosecutrix.* Admissibility – cautioned statement admitted where no timely objection raised; voluntariness for trial court to assess.* Evidence – oral confession before witnesses can be powerful corroboration.* Procedure – failure to call non‑eyewitnesses does not automatically attract adverse inference.
6 May 2020