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.
1,114 judgments

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1,114 judgments
Citation
Judgment date
August 2025
The court upheld the appellant's rape conviction, finding the charge sufficient and the victim's testimony credible and reliable.
Criminal law – Rape – sufficiency of charge particulars – credibility of victim’s testimony – proof of penetration – identification of accused – appellate review of concurrent factual findings.
28 August 2025
Compensation for unfair termination under a fixed-term contract includes full remuneration and subsistence until repatriation.
Employment Law - Termination under fixed-term contract - Compensation based on total remuneration - Subsistence allowance period under ELRA.
7 August 2025
The court dismissed the appeal, supporting termination for breach of lease agreement by subletting and unauthorized renovations.
Contract Law – Lease Agreement – Consent to Renovate – Subletting without Consent – Termination of Lease
7 August 2025
Failure to join a necessary party, Mabanda Village Council, caused procedural irregularity in a land dispute case.
Land Law – Joinder of necessary parties – Procedural irregularity in land dispute resolution – Legal obligations of village councils.
6 August 2025
The appellant's conviction for an unnatural offense was upheld, and appeal dismissed, confirming sentence validity.
Criminal Law – unnatural offense – sufficiency of evidence – validity of charge – right to defense witnesses.
5 August 2025
A rape conviction was overturned as the victim's credibility was undermined, leading to acquittal for lack of proof beyond reasonable doubt.
Criminal law – rape – standard of proof – victim credibility – appellate review – concurrent findings of fact – assessing witness credibility by consistency and external corroboration – prosecution burden to prove charge beyond reasonable doubt.
4 August 2025
The absence of Ihanga Village Council as a necessary party invalidated proceedings due to its role in land allocation.
Land law – Joinder of parties – Necessary party in land allocation dispute – Double allocation of land.
4 August 2025
Failure to prove gang rape beyond reasonable doubt due to unreliable victim and lack of corroborating evidence led to acquittal.
Criminal law – gang rape – credibility of victim – standard of proof beyond reasonable doubt – appellate re-evaluation of evidence – effect of unreliable complainant testimony – medical evidence and corroboration.
1 August 2025
July 2025
The court quashed a rape conviction due to insufficient evidence on identification and procedural errors.
Criminal Law – Rape – proof beyond reasonable doubt – identification – evidentiary standard – medical examination delays
31 July 2025
An administrator cannot resurrect a time-barred claim under customary law from a deceased's estate.
Customary Law – Limitation Period – Administration of Estates – Extinguished Right to Sue – Cause of Action Accrual
30 July 2025
Appeal challenging rape conviction dismissed; plea process deemed comprehensive despite appellant's age and illiteracy claims.
Criminal Law – Rape – Appellant's plea of guilty – Language comprehension and court record authenticity – Old age and illiteracy in plea process.
29 July 2025
Inconsistencies in evidence and contradictions led the court to quash the conviction for rape and order release.
Criminal Law – Rape – level of proof required for conviction – assessment of witness credibility – impact of contradictions in evidence – prior animosity as potential bias.
29 July 2025
The court quashed a conviction based solely on a cautioned statement recorded outside the statutory period without corroboration.
Criminal law – Evidence – Cautioned statement – Admissibility – Non-compliance with four-hour rule under section 50(1)(a) of the Criminal Procedure Act – Confession as sole evidence – Proof beyond reasonable doubt.
29 July 2025
Discrepancies between the charge and evidence led to the appellant's acquittal in a rape case.
Criminal law – rape charge – variance in charge date and evidence – failure to amend charge – acquittal due to unproven case.
28 July 2025
Appellant's rape conviction quashed due to flawed evidence and lack of corroboration.
Criminal law - Rape - Credibility of the sole witness - Necessity of corroborative medical evidence - Evaluation of trial court's findings.
28 July 2025
The Court of Appeal set aside a rape conviction due to lack of consistent prosecution evidence and missing key testimonies.
Criminal law – Rape – Insufficient evidence of penetration – Absence of key witness testimony and sketch map impacts prosecution case reliability.
28 July 2025
Appeal dismissed as circumstantial evidence and medical testimony sufficiently uphold conviction and sentence for unnatural offense.
Criminal law – Circumstantial evidence – Validity of conviction based on circumstantial evidence without eyewitnesses – Adequacy of medical testimony in proving violation.
28 July 2025
Amendment of charges without informing of right to recall witnesses leads to retrial's nullification.
Criminal Procedure – Fair trial – Amendment of charges – Right to recall witnesses – Procedural compliance under section 234 of the CPA.
4 July 2025
The defective charge rendered the appellant's burglary and theft convictions unsustainable, leading to nullified proceedings.
Criminal Procedure - Defective charges - Compliance with section 135 CPA - Incurability of defects under section 388 CPA.
4 July 2025
Improper charge amendment during judgment composition led to proceedings nullification and defendant's release.
Criminal procedure – amendment of charge – legality of charge amendment during judgment without parties' input – defective charge implications.
4 July 2025
The Court of Appeal allowed the appeal, deeming the sodomy charge unproven beyond reasonable doubt due to critical evidential inconsistencies.
Criminal law - sodomy - reception of evidence - section 127(2) of the Evidence Act - inconsistencies in evidence affecting proof beyond reasonable doubt.
4 July 2025
Trial court erred by opening a new case instead of following retrial order, leading to nullification of proceedings.
Criminal law – Procedure – Whether retrial order by appellate court was complied with – Nullity of proceedings from non-compliance.
4 July 2025
Failure to administer oaths to witnesses in arbitration proceedings nullifies the proceedings and necessitates a rehearing.
Labour Law – Arbitration Proceedings – Witnesses Testifying Without Oath – Nullification Due to Procedural Non-Compliance – Rehearing Ordered.
4 July 2025
The prosecution failed to prove rape beyond reasonable doubt, resulting in the appeal's allowance and appellant's release.
Criminal law – rape and impregnation of a school girl – evidentiary requirements for proof beyond reasonable doubt – procedural errors in charge sheet – impact of reporting delay on credibility.
4 July 2025
Defective charges and evidentiary inconsistencies led to appeal allowing and quashing convictions for armed robbery and gang rape.

Criminal law – Armed robbery – Requirement for weapon to be used against a person – Defective charge and conviction quashed. Criminal law – Gang rape – Discrepancy in charge and evidence – Conviction overturned due to prejudice against defendants.

3 July 2025
Convictions quashed due to procedural irregularities violating fair trial rights in a rape and robbery case.
Criminal Law - Defective charge - Omission of material particulars; Criminal Procedure - Change of magistrates without stated reasons; Fair trial - Prima facie findings and defense opportunity.
3 July 2025
Failure to establish the appellant's identification and substantial inconsistencies led to quashing of conviction for unnatural offence.
Criminal Law – Evidence – Identification – Reliability of victim's testimony in light of absence of prior description or identification.
2 July 2025
Conviction quashed due to charge-evidence variance on victim's identity, undermining trial fairness and reliability.
Criminal law — Rape — Variance between charge sheet and evidence regarding victim's identity — Conviction quashed due to unreliable evidence.
2 July 2025
Prosecution failed to prove theft beyond reasonable doubt due to speculative and inconclusive evidence of ownership and possession.
Criminal law – Theft – Proof of ownership and possession – Standard of proof – Prosecution's burden to prove allegation beyond reasonable doubt.
2 July 2025
June 2025
Court nullified trial due to charge sheet irregularities, denying the appellant a fair trial.
Criminal Law – charge sheet irregularities – procedural fairness – defective charges – accused right to fair trial
24 June 2025
The Court of Appeal sustained an earlier High Court ruling on land ownership, nullifying subsequent proceedings.
Land Law – Ownership dispute – Validity of previous High Court ruling – Jurisdiction of Resident Magistrate's Court.
11 June 2025
April 2025
Land tribunal's failure to adhere to procedures regarding assessors rendered proceedings invalid, necessitating a retrial.
Land Law – Land Dispute Resolution – Role of Assessors – Failure to Record and Read Assessors' Opinions – Change of Assessors During Trial – Validity of Tribunal Proceedings
17 April 2025
Appeal allowed as prosecution failed to prove marital rape beyond reasonable doubt due to contradictions and legal misinterpretations.
Criminal law - Rape - Elements of offense - Marital status considerations - Contradictory witness testimony.
17 April 2025
The appeal dismissed; the child witness testimony and identification evidence supports conviction despite procedural complaints.
Criminal Law - Rape - Child witness testimony - Compliance with section 127(2) Tanzania Evidence Act - Defense of alibi - Court's duty to consider accused's defense.
16 April 2025
Application for extension of time struck out due to defective affidavit containing extraneous matters.
Civil procedure – Application for extension of time – Incompetency due to defective affidavit – Rule against extraneous content in affidavits.
9 April 2025
February 2025
The appeal challenging conviction for rape based on identification and procedural grounds was dismissed.
Criminal law - Rape - Identification evidence by recognition - Conviction based on witness testimony and medical evidence.
28 February 2025
Cancellation of trade union registration overturned due to a defective supporting affidavit lacking legal issues.
Labour Law – Trade Union Registration – Compliance with legal and procedural requirements for registration – Adequacy of supporting affidavit in applications for cancellation.
27 February 2025
Court of Appeal confirms High Court misstep by ordering a rehearing without re-evaluating evidence, contravening legal standards.
Labour Law - revision of arbitration proceedings - High Court's revisional powers under Employment and Labour Relations Act - re-evaluation of evidence vs. remitting for a fresh hearing.
27 February 2025
Employer's failure to renew a contract without valid reason constitutes unfair termination with compensation due.
Labour Law – unfair termination – reasonable expectation of contract renewal – remedies for breach of contract.
27 February 2025
The Court dismissed an appeal challenging evidential, procedural, and charge deficiencies in a rape conviction.
Criminal Law – Sexual offences – Credibility of witness testimony – Admissibility of cautioned statements – Charge sheet defects
27 February 2025
The appeal was struck out for being time-barred as documents were not requested within the prescribed period.
Civil Procedure – Appeal – Time limits for instituting appeals and requirements for valid certificates of delay.
27 February 2025
Conviction based on non-disclosed exhibits reversed due to improper admission procedures violating the appellant's rights.
Criminal Law - Admission of Evidence - Failure to read exhibits upon admission - Consequences for criminal conviction.
27 February 2025
An improper trial procedure necessitates nullification and an order for a retrial of the original case file.
Criminal procedure – Retrial order compliance – Irregular initiation of new case – Nullification of proceedings and order for retrial
27 February 2025
High Court erred in not addressing all grounds of appeal, but conviction upheld by considering omitted issues.
Criminal law – Appeal – Incest by male – Evaluation of high court's judgment – Grounds of appeal not fully addressed.
25 February 2025
Appeal dismissed; evidence supported a rape conviction despite noted discrepancies and incorrect legal provisions.
Criminal law – Rape – Sufficiency of evidence – Discrepancies in witness testimony – Application of appropriate legal provisions.
25 February 2025
Appeal results in sentence reduction due to insufficient proof of victim's age; conviction upheld by Court of Appeal.
Criminal law – rape – compliance with s.127(2) of TEA – proof of age in statutory rape cases – handling of evidence and visual identification.
25 February 2025
The court upheld the conviction for rape based on consistent and credible witness testimonies despite alleged procedural errors.
Criminal Law – Rape – Proper identification of the accused at the crime scene – Evaluation of witness credibility and prosecution by the arresting officers – Admissibility and handling of physical evidence.
24 February 2025
The case was remitted for retrial due to a missing substituted charge rendering prior proceedings null.
Criminal Law – substituted charge – missing charge sheet and facts – plea of guilty – retrial ordered
24 February 2025
The court quashed the appellant's conviction due to a defective charge sheet that combined multiple offences in one count.
Criminal law - Armed robbery - Procedural defect - Duplicity in charge sheet rendering conviction unsustainable.
24 February 2025
Appeal upheld due to procedural flaws and insufficient evidence in a murder conviction case.
Criminal law – murder conviction – circumstantial evidence – admissibility of evidence in presence of assessors – procedural irregularities.
21 February 2025