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 1988
Appeal against murder convictions dismissed where credible confessions and corroboration supported the murder finding.
Criminal law – murder vs manslaughter; admissibility and weight of extrajudicial/confessional statements; joint intent and motive (belief in witchcraft) as evidence; appeal dismissal for lack of material inconsistencies.
30 May 1988
Murder conviction quashed where eyewitness identification and police investigation were unreliable and insufficient to prove guilt.
Criminal law – Murder – Sufficiency of evidence – Reliability and credibility of eyewitness identification – Delay and inconsistencies in statements – Improper or fishing police investigations undermining safety of conviction.
30 May 1988
Appellate court quashed murder conviction for unreliable identification and insufficient prosecution evidence.
Criminal law – Murder – Identification evidence – Credibility of eyewitnesses – Reliability of extra‑judicial statements – Police investigation conduct and suspected ‘fishing expedition’ – Insufficient evidence to sustain conviction.
30 May 1988
Misdirection on excessive force in self‑defence was harmless; defe nces were rejected as afterthoughts and appeal dismissed.
Criminal law – murder v. manslaughter – self‑defence and excessive force – misdirection to assessors – afterthought defences – failure to call sole eyewitness and adverse inference.
30 May 1988
Appeal dismissed; self-defence and provocation were afterthoughts and misdirection was harmless.
* Criminal law – murder – self-defence – excessive force in self-defence may reduce liability to manslaughter (s. 18B(3) Penal Code). * Criminal law – provocation – afterthought defence – credibility and failure to report contemporaneously. * Criminal procedure – misdirection to assessors – harmless error where primary findings of fact negate the defence.
30 May 1988
Eyewitness identification corroborated by possession of stolen property and circumstances upheld convictions; appeals dismissed.
* Criminal law – Identification evidence – Reliability of eyewitness identification and need for corroboration. * Criminal law – Alibi – Assessment and disproof by credible identification. * Criminal law – Possession of recently stolen property as corroborative circumstantial evidence. * Evidence – Failure to call a potentially helpful witness does not automatically vitiate independent identification evidence.
30 May 1988
Eyewitness identification corroborated by possession of stolen items sustained murder convictions and death sentences; appeals dismissed.
* Criminal law – Identification evidence – Reliability of eyewitness identification at the scene and need for corroboration. * Criminal law – Circumstantial evidence – Possession of stolen property and incriminating documents as corroboration. * Evidence – Failure to call an alleged informant and its effect on identification. * Criminal appeal – Upheld convictions and death sentences where identification and corroboration were satisfactory.
30 May 1988
Possession of a murder victim’s property shortly after the killing, together with eyewitness evidence, sustained the murder conviction and sentence.
* Criminal law – Murder – Evidence – Eyewitness account of fatal shooting and subsequent possession of deceased’s property as proof linking accused to homicide. * Circumstantial evidence – Possession of property recently belonging to victim as admissible and probative of guilt. * Criminal appeal – Safety of conviction – Appeal dismissed where evidence sufficiently supports conviction.
30 May 1988
A repudiated confession corroborated by independent facts can sustain a murder conviction.
Criminal law – confession – voluntariness and admissibility; repudiated confession – requirement and sufficiency of independent corroboration; sufficiency of evidence for murder conviction; procedural irregularity in calling defence witnesses did not vitiate verdict.
30 May 1988
Appeal against murder conviction dismissed; evidence proved guilt and no basis for an insanity defence.
Criminal law – Murder – Sufficiency of eyewitness and physical evidence – Insanity defence – When psychiatric committal is required – Lack of motive and post‑offence conduct not determinative of insanity.
30 May 1988
Insanity defence failed; conviction for murder upheld on strong eyewitness and physical evidence.
Criminal law – Murder – Evidence and credibility of eyewitnesses; Insanity defence – burden and sufficiency of evidence to raise reasonable doubt; Motive not essential to conviction; Post-offence conduct (failure to flee) not determinative of sanity.
30 May 1988
Provocation defence rejected; murder conviction and death sentence affirmed on evidence of premeditated attack.
Criminal law – Murder – Defence of provocation – Whether alleged words and prior accusations of witchcraft constituted provocation – Role and credibility of assessors as fact-finders – Conviction and death sentence affirmed.
30 May 1988
Provocation defence properly rejected where killing stemmed from a long‑standing grudge, not immediate provocation.
* Criminal law – Murder – Defence of provocation – Whether words amounting to indifference about a sick child constitute provocation sufficient to reduce liability. * Criminal procedure – Role of assessors – Assessors as primary fact-finders on community behaviour and credibility; trial judge’s endorsement of assessors’ unanimous finding. * Appeal – Scope of appellate interference – Appellate court will not disturb conviction where provocation was adequately considered and factual findings are supported by evidence.
30 May 1988
Eyewitness and medical evidence corroborated murder; unchallenged allegations of witness bias could not displace conviction.
Criminal law – murder – assessment of credibility – eyewitness testimony corroborated by medical evidence; failure to put allegations of bias to witnesses; standard proof beyond reasonable doubt.
25 May 1988