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.
10 judgments

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10 judgments
Citation
Judgment date
March 2024
Delay in medical examination and minor discrepancies do not vitiate the appellant's conviction for child rape.
* Criminal law – Sexual offences – Rape of a child – proof of penetration, identity and age; child’s testimony as best evidence. * Medical evidence – Delay in examination (72 hours) does not automatically render PF3 or medical testimony void. * Evidence – Minor contradictions between witnesses are not fatal unless they go to the root of the case. * Procedure – Exhibit admitted but not read out must be expunged (no evidential value). * Appeals – Second appeal will not entertain new factual grounds not argued in the first appeal.
22 March 2024
Conviction for rape quashed where medical evidence failed to prove penetration and the child complainant's testimony was inconsistent.
Criminal law – Rape – Requirement of proof of penetration (s.130(4)(a) Penal Code) – Medical evidence as corroboration – admissibility and probative value of PF3 and medical testimony – Credibility of child complainant – delay and failure to name suspect – appellate assessment of coherence and consistency of testimony.
22 March 2024
Court finds court-caused (technical) delay justified extension of time to file labour revision within 60 days.
* Labour law – extension of time – sufficiency of cause; technical delay caused by court in serving its ruling as good cause; accountability for days of delay. * Labour Court Rules – Rules 17, 55, 56 – relaxation of procedure to achieve justice in labour matters. * Requirement for court to make reasonable inquiries (registry records) before dismissing claims of court-caused delay.
22 March 2024
Conviction quashed where prosecution failed to prove date and relied on rumours and delayed medical evidence.
Criminal law – Incest – Burden of proof on prosecution; importance of particulars and specific date in the charge; medical evidence and delay undermining corroboration; conviction cannot rest on rumours or suspicion; accused entitled to benefit of doubt.
22 March 2024
Substantial compliance with sections 231 and 214 of the CPA prevents retrial absent material prejudice to the accused.
Criminal procedure — s.231 CPA: Rights of accused at close of prosecution; substantial compliance and purpose‑driven approach; absence of literal question not fatal where accused indicates intention to testify/call witnesses. Criminal procedure — s.214 CPA: Succession of magistrates; requirement to inform accused and discretion about recalling witnesses; need to avoid material prejudice. Retrial — ordered only where procedural irregularity causes material prejudice; High Court erred in ordering retrial without such prejudice.
22 March 2024
A subordinate court lacks jurisdiction to try an economic offence without a correctly issued certificate and matching charge.
* Criminal procedure – Jurisdiction of subordinate courts to try economic offences – Certificate under s.12(3) EOCCA and consent under s.26(1) EOCCA must correctly identify the subordinate court and precisely state the offence/subsections charged. * Jurisdictional defect – variance between charge and certificate/consent renders proceedings nullity. * Evidence – chain of custody break of seized exhibit may preclude ordering a retrial.
22 March 2024
Absence of the mandatory notice of appeal rendered the first appellate proceedings a nullity; Court quashed them and ordered reconsideration.
Criminal procedure – Notice of appeal – Requirement under section 361(1)(a) CPA – Absence of notice renders first appellate proceedings incompetent and nullity; Court of Appeal’s power under section 4(2) AJA to revise and quash nullified proceedings; remedial order to High Court to reconsider extension for filing notice and petition.
20 March 2024
Absence of written summing-up violates section 298(1) CPA, warranting partial nullification and remittal for fresh summing-up.
Criminal procedure – summing-up to assessors – requirement under section 298(1) Criminal Procedure Act – absence of written summing-up in record; Assessors – selection, participation and recorded opinions – effect on validity of earlier proceedings; Remedy – partial nullity limited to summing-up onward; remittal for fresh summing-up rather than full retrial; Dates and record anomalies – importance of complete record for appellate review.
20 March 2024
Conviction quashed where identity uncertain, a material witness was not called, and doubts persisted despite medical evidence.
Criminal law – Sexual offences – Identification in darkness – failure to call material witness – weight of delayed medical evidence – admissibility and weight of confession before village officer – proof beyond reasonable doubt; s.127(7) Evidence Act.
19 March 2024
Conviction overturned: uncorroborated cautioned statements and irregular identification/committal procedures undermined prosecution case.
* Criminal law – Murder – requirement that prosecution prove guilt beyond reasonable doubt. * Circumstantial evidence – must irresistibly and exclusively point to accused; chain of evidence must be unbroken. * Confessions/cautioned statements – confession of co-accused requires independent corroboration; retracted/confessional statements recorded by investigating officer raise risk of manufacturing where officer deeply involved. * Committal proceedings (s.289 CPA) – witness whose statement was not read out requires written notice before testifying. * Identification parade – must comply with Police General Orders; procedural breaches reduce evidentiary value.
13 March 2024