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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
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https://jmap.judiciary.go.tz/jmap/jmap-coa
12 judgments
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12 judgments
Citation
Judgment date
September 1990
Karol Bijanda vs Republic (Criminal Appeal No. 83 of 1990) [1990] TZCA 158 (11 September 1990)
Broad‑daylight identification with corroboration and lethal injuries upheld murder conviction despite trial misdirection.
Criminal law – Identification evidence – reliability where attack occurred in broad daylight and description corroborated by independent witnesses; Criminal procedure – misdirection by trial judge referring to evidence not before the court – when such error is material to safety of conviction; Murder – proof of intent – nature of injuries and weapon (panga) as evidence of intention to kill.
 11 September 1990
The Director of Public Prosecutions vs Mwakimahila Kingungu (Criminal Appeal No. 98 of 1988) [1990] TZCA 137 (11 September 1990)
Acquittal for murder set aside; respondent convicted of manslaughter and sentenced to five years' imprisonment.
Criminal law – Appeal from acquittal – Evaluation of witness credibility and bias – Self‑defence – Distinction between murder and manslaughter – Sentence and credit for time served.
 11 September 1990
Twikasyogo MwaiGombe vs Mbeya Regional Trading Co. Ltd. (Civil Appeal No. 15 of 1990) [1990] TZCA 156 (11 September 1990)
An employee has no right to continued service until retirement absent an express contractual term conferring that entitlement.
Employment law – wrongful dismissal – interpretation of appointment letters and contracts – entitlement to continued service until compulsory retirement depends on express contractual terms. Employment law – pension contributions – employer contribution allowed where payable and, if paid, is distinct from anticipated pension rights. Contract law – contracts construed by their written terms; no implied revision permitting continuous employment absent clear provision.
 11 September 1990
Alexander Kaywanga vs Republic (Criminal Appeal No. 90 of 1988) [1990] TZCA 138 (5 September 1990)
Appeal summarily dismissed for late notice, failure to seek extension or lodge required appeal documents, and absence of leave to appeal.
Appeal procedure — late notice of appeal without reasons or application for extension of time — failure to lodge memorandum of appeal or specify points of law — absence of leave to appeal where required — summary dismissal for procedural non‑compliance.
 5 September 1990
Ibrahimu Mgeni and Another vs Republic (Criminal Appeal No. 31 of 1990) [1990] TZCA 160 (5 September 1990)
Appeal against murder convictions dismissed; extra-judicial confessions corroborated and insanity defence not proven.
Criminal law – murder (patricide) – admissibility and weight of extra-judicial/confessional statements – effect of in-court retraction – requirement for independent corroboration – insanity defence – proof at material time.
 5 September 1990
Mwalishe Asuluisye vs Republic (Criminal Appeal No. 159 of 1989) [1990] TZCA 189 (5 September 1990)
Appellate court upholds murder conviction based on credible eyewitness identification despite absence of proven motive.
Criminal law — Murder — Eyewitness identification — Credibility of witness — Trial judge’s acceptance of testimony — Motive unnecessary where the act and culpability are proved.
 5 September 1990
Saluba Mwaka vs Republic (Criminal Appeal No. 33 of 1990) [1990] TZCA 159 (5 September 1990)
Appellant’s self‑defence rejected; credible testimony and fatal stab wound upheld murder conviction and appeal dismissed.
Criminal law – murder – sufficiency of evidence; self‑defence – afterthought defence and credibility; medical evidence – fatal stab wound penetrating heart; manslaughter vs murder – no basis to reduce conviction where intent and causation established.
 5 September 1990
Isimbilo Isamiji vs Republic (Criminal Appeal No. 141 of 1989) [1990] TZCA 179 (3 September 1990)
Where common intention was to unlawfully punish but not to kill, resultant death did not constitute murder; conviction reduced to manslaughter.
Criminal law – Murder v manslaughter – Common intention (s.23 Penal Code) – Whether unlawful punishment resulting in death constitutes murder – Requirement of intention to kill or cause grievous bodily harm proved beyond reasonable doubt.
 3 September 1990
The Director of Public Prosecutions vs Amanyise Kwigale and Another (Criminal Appeal No. 131 of 1989) [1990] TZCA 178 (3 September 1990)
Acquittal was upheld where evidence left a reasonable doubt that defendants had an honest claim of right; civil claims remain open.
Criminal law – theft – claim of right – bona fide belief in ownership or right to goods raises reasonable doubt and may preclude conviction. Appellate review – concurrent findings of trial and High Court on credibility and reasonable doubt should not be disturbed absent clear error. Criminal acquittal does not bar civil actions concerning ownership or proprietary rights.
 3 September 1990
The Director Of Public Prosecutions vs Amanyisye Kwingale and Another (Criminal Appeal No. 131 of 1989.) [1990] TZCA 181 (3 September 1990)
Acquittal upheld where prosecution failed to prove theft beyond reasonable doubt; bona fide possession negated criminal liability.
Criminal law – theft – burden of proof – whether prosecution proved theft beyond reasonable doubt. Property/possession – bona fide title or possession as defence to theft charges. Appellate review – respect for concurrent factual findings of trial and High Court absent material misdirection. Criminal acquittal – does not extinguish or determine civil claims between parties.
 3 September 1990
The Director Of Public Prosecutions vs Kilagani Kayugwa (Criminal Appeal No. 168 of 1989) [1990] TZCA 180 (3 September 1990)
An appellate court will not disturb an absolute discharge where the trial judge properly exercised sentencing discretion considering lengthy remand.
Criminal law – sentencing – appellate interference – appellate court will not interfere with trial judge's sentencing discretion unless wrong principle applied or sentence manifestly inadequate or excessive. Sentencing – remand time – lengthy pretrial remand may be treated as part of punishment when determining appropriate sentence. Offence – assault causing actual bodily harm – evidence of injury (swelling) supported conviction despite description as a 'slap'.
 3 September 1990
Yohanis Msigwa vs Republic (Criminal Appeal No. 26 of 1990) [1990] TZCA 162 (3 September 1990)
A single credible eyewitness can support a murder conviction despite delay in arrest and assessors' disagreement.
Criminal law – murder – sufficiency of single eyewitness evidence; corroboration under Evidence Act; probative effect of delay before arrest; trial judge’s duty to state reasons when departing from assessors’ opinions.
 3 September 1990