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.
10 judgments
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Results. 10 judgments found.

10 judgments
November 2012
Appellate court upheld rape conviction after expunging PF3; victim’s credible testimony and appellant’s admission sufficed.
  • Criminal law — Rape of child — Proof of penetration, identification and corroboration — s 127(7) Evidence Act
  • Evidence — Evidential weight of medical (PF3) and witness testimony — Admissibility of PF3 (s240(3) Criminal Procedure Act) — s 240(3) Criminal Procedure Act
29 November 2012
Failure to conduct a voir dire for the 14‑year‑old complainant rendered the rape conviction unsafe and led to its quashing.
  • Criminal law — Criminal Procedure Act s.240(3)
    • — admissibility of PF3
    • — Conviction unsafe where sole child witness’ evidence is discounted
  • Criminal law — Evidence — testimony of relatives — no automatic need for corroboration
  • Criminal law — Rape — Child complainant
29 November 2012
Failure to record a proper voir dire and to explain PF3 rights led to expungement of evidence and an ordered retrial.
  • Criminal law — sexual offences against a child — admissibility of child evidence (voir dire)
  • Criminal procedure — admissibility of medical report (PF3) — duty to inform accused of right to require summon of report‑maker under s.240(3) CPA
29 November 2012
Where good cause is shown under section 361(2), the High Court must grant extension without assessing appeal merits.
  • Criminal procedure — Extension of time
28 November 2012
Conviction quashed where identification evidence was unreliable due to inadequate lighting evidence and delayed identification.
  • Criminal law — Armed robbery
    • — Charge defect curable
    • — Delay/failure to name suspects at earliest opportunity undermines credibility
  • Criminal law — second appeal — interference with concurrent findings only where misdirections/non-directions result in miscarriage of justice
28 November 2012
Appellant’s murder conviction and death sentence upheld on sufficient circumstantial evidence and rejected alibi.
  • Criminal law
    • — Appeal — evaluation and sufficiency of trial judge’s reasoning
    • — Defence of alibi — effect on credibility
    • — Murder — Reliance on circumstantial evidence — requirement of an unbroken chain of facts incompatible with innocence
    • — Standard of proof — exclusion of reasonable alternative explanations
23 November 2012
A Principal Resident Magistrate with extended jurisdiction cannot validly hear a High Court appeal sitting in the High Court registry.
  • Criminal procedure — appellate jurisdiction — Principal Resident Magistrate with extended jurisdiction — Limits of sitting in High Court registry
    • — Jurisdictional defect renders proceedings a nullity
    • — proceedings quashed and record remitted under revisional jurisdiction
23 November 2012
May 2012
Conviction quashed where penetration was unproven and PF3 was improperly relied on without s240(3) safeguards.
  • Criminal law — Medical report (PF3) — evidential value limited
  • Criminal law — Rape
  • Criminal law — section 240(3) Criminal Procedure Act
    • — accused’s right
    • — burden of proof remains on prosecution
    • — eyewitness evidence in darkness insufficient to establish rape/identity
18 May 2012
A defective notice of appeal renders an appeal incompetent, but the Court may use revisional powers to grant an extension.
  • Criminal procedure
    • — Extension of time — good cause and timely steps by appellant
    • — Notice of appeal — non-compliance with Rule 68(1)/(2) renders appeal incompetent
18 May 2012
April 2012
A late notice of intention to appeal rendered the High Court proceedings a nullity; the Court quashed them on revision.
  • Criminal procedure — Appeals — notice of intention to appeal — Time limits under section 361(1)(a) Criminal Procedure Act (late notice renders proceedings a nullity)
  • Appellate practice — Revisionary jurisdiction — Power under section 4(2) of the Appellate Jurisdiction Act to quash High Court proceedings
30 April 2012