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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
6 judgments
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6 judgments
Citation
Judgment date
November 1994
Mohamed Mchopa and The Republic (2) (Criminal Appeal 4 of 1994) [1994] TZCA 51 (8 November 1994)
A further appeal is incompetent and must be rejected where the statutory High Court certificate has not been obtained.
* Appellate jurisdiction – requirement of High Court certificate under section 5(c) of the Appellate Jurisdiction Act, 1979 – failure to obtain certificate renders further appeal incompetent under section 4(4).
 8 November 1994
September 1994
Fundi Mbogoma vs Republic (Criminal Appeal No. 216 of 1992) [1994] TZCA 106 (7 September 1994)
Appellant’s defence of provocation rejected; evidence of lethal attack and injuries sustained supports murder conviction and sentence.
Criminal law – murder – defence of provocation – requirements for grave and sudden provocation; Evidence – credibility and weight of witnesses; Lethal weapon and nature of injuries as indicia of intent to kill; Appellate review of trial judge’s credibility findings.
 7 September 1994
August 1994
Joseph Mwahakambavs The Republic (Criminal Appeal No. 10 of 1987) [1994] TZCA 102 (29 August 1994)
Appeal dismissed; conviction for theft by servant upheld on credibility and circumstantial evidence proving collusion.
* Criminal law – theft by servant – circumstantial evidence and access to means of theft (custody of safe keys). * Criminal law – burden of proof – conviction dependent on witness credibility and proof beyond reasonable doubt. * Evidence – assessment of credibility – rejection of alibi/alternative perpetrator where inconsistent or unsupported.
 29 August 1994
Joseph Mwamakamba vs Republic (Criminal Appeal 10 of 1987) [1994] TZCA 59 (29 August 1994)
Conviction for theft by servant affirmed where exclusive control of safe keys and conduct established collusion and guilt.
* Criminal law – Theft by servant – Whether prosecution proved involvement where only two custodians held keys to safe – evidence of exclusive access and accounting shortfall. * Joint enterprise/common intention – Inference of collusion from movements, conduct and mutual opportunity to access safe. * Credibility – Trial court entitled to disbelieve accused’s defence that a third party had custody of key. * Sentence – Eight-year term lawful and properly confirmed on appeal.
 29 August 1994
Samson Kadenya Kazeze vs Republic (Criminal Appeal No. 137 of 1993) [1994] TZCA 79 (29 August 1994)
Appellate court upheld murder conviction, finding contradictions immaterial, dying declaration credible, and evidence sufficient even without the confession.
Criminal law – murder; evaluation of contradictions in witness statements; admissibility and weight of dying declarations; propriety of admitting extrajudicial confessions; sufficiency of evidence on appeal.
 29 August 1994
January 1994
Sovelwa Mwayonga vs Republic (Criminal Appeal No. 84 of 1992) [1994] TZCA 69 (1 January 1994)
Court affirms murder convictions where eyewitness identification and common intention established; cautions against using confessions obtained by torture.
* Criminal law – Murder – Identification by eyewitnesses – reliability where witnesses knew accused and events occurred in daylight. * Criminal law – Common intention (s.23 Penal Code) – person who restrains victim during attack may be principal. * Evidence – Confessions – cautioned statements obtained by torture are highly suspect; caution in admitting under s.29 Evidence Act. * Procedure – Sentence formulation – courts should state substantive sentence after taking remand into account, not impose then deduct fractional remand periods.
 1 January 1994