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.
6 judgments

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6 judgments
Citation
Judgment date
August 1993
13 August 1993
Reported

Criminal Law - Threatening violence - Whether threatening violence includes threat to kill - s 89(2)(a) of the Penal Code.
Criminal Practice and Procedure - Criminal Revision - Whether Judge can make a revision after consultations with the relatives of a convict who had an advocate.
Criminal Practice and Procedure - Criminal Revision - Notification to the DPP - Whether the High Court should hear the parties on revision - S 374 of the Criminal Procedure Act, 1985.

12 August 1993
Trial judge's exclusion of provocation and misdirection on intoxication rendered the murder verdict legally unsafe.
* Criminal law – Homicide – Provocation – Whether evidence of insults, threats and a family brawl can amount to provocation and negate malice aforethought. * Criminal law – Intoxication – Whether intoxication negated specific intent and should be left to assessors. * Criminal procedure – Summing up – Trial judge’s directions – Material misdirection to assessors may render conviction unsafe. * Evidence – Role of assessors – When issues of provocation and incapacity must be left to assessors to decide.
12 August 1993
Reported

Criminal Practice and Procedure - Assessors - Judge removes the question of provocation from Assessors - Fatal to resulting conviction.

12 August 1993
Failure to extract the decree, file the record of proceedings, or obtain required leave renders an appeal incompetent and struck out.
Civil procedure – Appeal competency – necessity of extracting decree in appeal – necessity of including record of proceedings in record of appeal – requirement of leave where judgment is appealable only with leave – failure to comply renders appeal incompetent and liable to be struck out.
10 August 1993
January 1993
High Court misapplied amended Penal Code and breached revision procedure; Court of Appeal restored the district court conviction.
Criminal law — Threatening violence — Section 89(2)(a) Penal Code — application of amended provision; Revision procedure — High Court's powers and limits — requirement to consult/notify parties; Procedural fairness — sitting on non-working day and communicating via relatives; Remedy — setting aside improper revision and restoring original judgment.
1 January 1993