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.
5 judgments

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5 judgments
Citation
Judgment date
October 2003
Appeal allowed: 21‑year manslaughter sentence set aside after judge relied on irrelevant, unproved factors under s.320.
Criminal law – Sentencing – Manslaughter – Whether sentence manifestly excessive – Sentencing court’s reception of evidence under s.320 Criminal Procedure Act – Relevance of deceased’s circumstances to sentencing the accused – Appellate interference where sentencing rests on irrelevant or unproven factors.
31 October 2003
April 2003
Reported
Section 99(1) allows private prosecution without prior formal charge, but magistrates must prima facie ascertain essential ingredients and reasonable cause.

Criminal procedure – Private prosecution – s.99(1) Criminal Procedure Act – No prior formal charge required where proceedings instituted under s.128(1) – Magistrate must be satisfied of reasonable and probable cause and that essential ingredients of the offence are prima facie present before granting leave – Safeguard against frivolous or vexatious prosecutions.

9 April 2003

Criminal Practice and Procedure - Prosecutions - Private prosecutions - Principles governing private prosecutions.

9 April 2003
Material contradictions and potential mob involvement rendered the murder conviction unsafe; appeal allowed and sentence quashed.
Criminal law - Murder - burden of proof - credibility of witnesses - contradictions between statements and testimony - identification - mob action/instant justice - dying declaration reliability - unsafe conviction.
9 April 2003
Appellants' alibi and claimed discrepancies rejected; reliable eyewitness identification upheld and murder conviction affirmed.
Criminal law – identification evidence – reliability of eyewitnesses in daylight; Defence of alibi – burden and proof – accused need only raise reasonable doubt; Criminal Procedure Act (s.194(5)–(6)) – notice of alibi and misapplication of subsection (6) – harmless error where identification is conclusive; admission and weight of alibi evidence.
9 April 2003