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.
4 judgments

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4 judgments
Citation
Judgment date
April 2001
Appellants' convictions quashed where evidence showed negligence and no agreement, corroboration, or proof matching the charge.
* Criminal law – Conspiracy (s.384 Penal Code) – proof requires evidence of agreement between parties; coincidence and negligence insufficient. * Criminal law – Aiding prisoner to escape (s.117 Penal Code) – requires conscious act or intent to facilitate escape; negligence does not suffice. * Evidence – Accomplice testimony requires corroboration. * Criminal procedure – Charge must correspond to evidence; variance invalidates conviction.
2 April 2001
Reported
High Court's enhancement of sentence in accused's absence violated mandatory right to be heard; conviction quashed for procedural and evidential defects.
* Criminal procedure – failure to give accused opportunity to be heard before substituting conviction or enhancing sentence – mandatory requirement of section 29(a)(i), Magistrates' Courts Act 1984 – proceedings rendered nullity. * Criminal evidence – identification – contradictions between complainant and investigating officer/village chairman as to identifying marks – insufficiency to prove ownership beyond reasonable doubt. * Appellate jurisdiction – court may invoke suo motu revision under section 4(3) of the Appellate Jurisdiction Act, 1979, to correct irregularities affecting a non-appealing co-accused.
2 April 2001

(From the conviction and sentence ofthe High Court ofTanzania at Mbeya, Mchome, J. dated 5 April 1994, in Criminal Appeal No. 5 of 1994) Criminal Practice and Procedure - Right ofthe accused to be heard - Summons returned unserved — Court proceeds to hear the appeal in the absence of the accused/respondents - Whether proceedings were irregular - Section 34(4) ofthe Magistrates' Courts Act 1984. Criminal Practice and Procedure — Sentencing — Enhancement ofsentence - Sentence enhanced in the absence of the accused/respondents - Whether proceedings rendered a nullity - Section 29(a)(i) ofthe Magistrates ’ Courts ; Act 1984.

2 April 2001
Court corrected High Court's misidentification and transposed facts by revising the judgment to record the appellant's success.
* Civil procedure – Revision – Court may invoke revisional jurisdiction to correct non-appealable errors in High Court judgments. * Civil procedure – Misidentification of parties and advocates and transposition of proved facts – material error justifying correction. * Appellate Jurisdiction Act – section 4(3) – power to revise judgments not appealable. * Costs – where judicial error causes revision, each party to bear own costs.
2 April 2001