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.
9 judgments

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9 judgments
Citation
Judgment date
April 1986
Dying declaration corroborated by surrounding circumstances upheld conviction for premeditated murder; alibi rejected.
Criminal law – Dying declaration – Admissibility and weight – corroboration by surrounding circumstances; identification and alibi; flight and change of clothes as evidence of consciousness of guilt; premeditated murder where intended target differs from victim.
28 April 1986
Appeal dismissed: eye-witness testimony, confessions and recovery of blood-stained weapon supported murder conviction.
Criminal law – Murder – Eye-witness account, extra-judicial confessions and recovery of weapon as corroboration – Alibi rejected – Conviction and death sentence upheld.
28 April 1986
The appellant's conviction for receiving stolen sugar was upheld; purchasers were not accomplices and evidence was corroborated.
Criminal law – receiving stolen property – accomplice evidence – when purchaser is not an accomplice; corroboration of witness testimony by independent witness (porter); identification of stolen goods; sentence enhancement based on value of property.
28 April 1986
Whether deceived purchasers are accomplices and whether corroborated evidence proved receiving stolen property.
Criminal law – receiving stolen property; accomplice evidence – when buyers of stolen goods are not accomplices; corroboration of accomplice testimony; sentence enhancement by value of stolen goods.
28 April 1986
Appellant’s theft and threatening-violence convictions upheld; no evidence of bona fide claim or reasonable mistake, and threats intimidated complainant.
* Criminal law – Stealing – Claim of right and honest and reasonable mistake of fact – absence of evidence to support such defence. * Criminal law – Threatening violence – threats sufficient to intimidate victim; actual possession of weapon immaterial. * Appeal procedure – late complaint about documentary inconsistency not entertained on appeal if not raised earlier.
28 April 1986
Alleged defence of property failed: extreme, lethal force showed intent to kill; murder conviction and sentence upheld.
* Criminal law – Murder – use of lethal force in alleged defence of property – excessive, disproportionate force not justified. * Evidence – credibility of accused’s account – severity and nature of wound indicating intent to kill. * Appeal – conviction and sentence upheld where trial court findings supported by record.
28 April 1986
Conviction unsafe where single-witness identification lacked corroboration and police or physical evidence.
Criminal law – Identification evidence – Single-witness identification and its dangers – Need for corroboration; insufficiency of conviction where police evidence and physical corroboration absent.
26 April 1986
Delay in filing notice of appeal without due diligence led to the appeal being struck out as incompetent.
Criminal procedure – Appeal – Notice of appeal filed out of time – Rule 61(1) (14-day limit) – Extension of time – Rule 8 discretion – Delay and lack of diligence – Representation by counsel – Ignorance and imprisonment not a sufficient excuse.
24 April 1986
23 April 1986