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
November 1991
Appellate court upholds murder conviction, deferring to trial court’s credibility findings rejecting self-defence.
Criminal law – Murder – Self-defence pleaded – Credibility of witnesses – Appellate deference to trial court’s findings on credibility – No basis to substitute verdict.
15 November 1991
15 November 1991
Appeal against murder conviction dismissed where confessions, recovered property and identification evidence proved guilt beyond reasonable doubt.
* Criminal law – Murder – conviction based on combination of eyewitness evidence, recovery of stolen property and confessions – admissibility and corroborative value of confessions and recovered exhibits. * Criminal procedure – Arrest and identification – challenge to lawfulness of arrest and connection to recovered items.
15 November 1991
Appeal against convictions for burglary, robbery and fatal stabbing dismissed; confessions, eyewitness ID and recovered property found reliable.
* Criminal law – Burglary, robbery and fatal stabbing – admissibility and credibility of confessions recorded by local official – ocular identification by villagers and witnesses – recovery of stolen property and weapon as corroboration – sufficiency of evidence to prove guilt beyond reasonable doubt.
15 November 1991
August 1991
Assaults causing fatal head injuries by the appellants established malice aforethought; belief in witchcraft and unraised drunkenness not exculpatory.
Criminal law – Murder – Assault with stick/bamboo causing fatal head injuries – inference of malice aforethought; Common intention and contemporaneous statements as evidence of intent; Belief in witchcraft not a defence; Drunkenness not raised at trial and unavailable on appeal; Appellate deference to trial judge's credibility findings.
1 August 1991
May 1991
A retracted but detailed voluntary confession, corroborated by eyewitness identification, can sustain murder convictions.
* Criminal law – Extra‑judicial/confessional statements – Retraction – A detailed, voluntary confession to a justice of the peace may support conviction if surrounding circumstances and corroboration satisfy the court. * Criminal procedure – Identification – Night‑time identification and interpreter shortcomings not automatically fatal; defects may be curable and identification may be reliable. * Evidence – Corroboration – Confession corroborated by independent eyewitness testimony can sustain convictions.
2 May 1991
An uncorroborated dying declaration amid contradictory evidence is an unsafe basis for conviction; appeal allowed and conviction quashed.
* Criminal law – Evidence – Dying declaration – Whether conviction can safely be based solely on a dying declaration without corroboration. * Criminal law – Proof – Last seen with deceased – Burden to account for injuries where accused were alleged to be the last persons with deceased. * Evidence – Credibility and contradictions – Inconsistent witness testimony and missing witnesses may render prosecution case unsafe. * Appeal – Benefit of doubt – Where record raises more questions than answers, conviction must be overturned.
2 May 1991
January 1991
Appeal allowed where missing records prevented disproving alleged fraudulent sale in execution; property restored to the appellant.
Property law – sale in execution and transfer of land – requirement for documentary evidence and Lands Department registration entries – allegation of fraudulent transfer – insufficiency of record on appeal – appellate relief.
31 January 1991