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.
8 judgments

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8 judgments
Citation
Judgment date
July 1985
The appellant’s planned killing for robbery proved; insanity defence rejected and murder conviction upheld.
Criminal law – murder – proof of causation by confession and medical evidence; insanity defence – criteria for legal insanity; malice aforethought – planning, use of vicious weapon and theft as indicia of intent; appeal against conviction and sentence.
10 July 1985
The applicant's insanity defence was rejected; malice aforethought proved and murder conviction upheld.
Criminal law – murder – malice aforethought established by planning, motive and post-offence conduct – insanity defence rejected – extra-judicial confession and post-mortem evidence admissible and probative – appeal dismissed.
10 July 1985
Medical and circumstantial evidence established malice; murder conviction and death sentence upheld on appeal.
Criminal law – Murder – proof of causation and malice aforethought – number and nature of wounds – credibility of defendant's account (self-defence/ mistake) – timing of injuries and conduct after offence (washing, resisting arrest).
10 July 1985
Court affirmed murder conviction where multiple knife wounds and surrounding conduct established malice aforethought.
Criminal law – Murder – Malice aforethought established by multiple stab/cut wounds – Circumstantial evidence and conduct – Extra‑judicial statement – Accidental killing defence rejected.
10 July 1985
Conviction quashed where identification by a single unreliable witness lacked adequate corroboration.
Criminal law – Identification evidence – Reliance on evidence of a single pivotal witness – Lack of corroboration rendering identification unsafe – Conviction quashed.
10 July 1985
A High Court judge sitting alone may lawfully hear bail applications under the Economic Crimes statutory scheme and impose appropriate conditions.
* Criminal procedure – Economic and Organized Crimes Act – meaning of "High Court" – High Court judge sitting alone may entertain bail applications under section 29(4). * Criminal procedure – Bail – powers to grant bail and impose conditions at committal/pre‑trial stage – interaction between sections 29(4) and 35. * Constitutional law – composition of Economic Crimes Court – preliminary jurisdiction of single High Court judge vs. full Economic Crimes Court.
10 July 1985
Appeal dismissed: intoxication and mistake-of-fact defences rejected; malice and causation for murder established.
Criminal law – murder – intoxication as negating intent – mistake of fact defence – failure to call eyewitness and adverse inference – provocation – causation by head injury – malice aforethought – mandatory death sentence.
10 July 1985
Reported

Evidence - Dying declaration - Deceased’s persistence in implicating assailant - Whether may be relied upon.
Evidence - Identification - Conditions of identification not ideal - Unsafe to convict in the absence of corroboration.

10 July 1985