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

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10 judgments

Citation	Judgment date
November 2012
Exavery Malata vs Republic (Criminal Appeal No. 149 of 2011) [2012] TZCA 433 (29 November 2012) Improperly tendered PF3 expunged, but child's credible evidence and appellant’s admission sustain conviction; appeal dismissed. * Criminal law – Rape of a child – Conviction based on complainant’s credible evidence and defendant’s admission. * Evidence – PF3 improperly tendered in breach of section 240(3) CPA and expunged. * Evidence Act s.127(7) – Evidence of child victim need not be corroborated. * Appeal – Conviction and mandatory life sentence upheld.	29 November 2012
Geofrey Mahenge vs Republic (Criminal Appeal No. 248 of 2011) [2012] TZCA 432 (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 – Rape – Child complainant – necessity of voir dire; Evidence – testimony of relatives – no automatic need for corroboration; Criminal Procedure Act s.240(3) – admissibility of PF3; Conviction unsafe where sole child witness’ evidence is discounted.	29 November 2012
Zabron Talian vs Republic (Criminal Appeal No. 143 of 2011) [2012] TZCA 431 (29 November 2012) Conviction set aside and retrial ordered after failure to conduct/record voir dire and to inform accused of PF3 rights. Evidence — Voir dire — s.127(2) Evidence Act — strict compliance required; failure to record questions and answers fatal. Criminal procedure — Medical report (PF3) — s.240(3) CPA — accused must be informed of right to call medical officer; failure renders PF3 inadmissible. Conviction — adequacy of evidence — expungement of improperly received child testimony and PF3 may leave insufficient evidence to sustain conviction. Remedy — retrial ordered where trial incurably flawed by fundamental procedural irregularities.	29 November 2012
Anyitike Mwakasege vs Republic (Criminal Appeal No. 146 of 2010) [2012] TZCA 295 (28 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 – s.361(2) Criminal Procedure Act – once good cause established extension should ordinarily be granted – High Court erred by determining merits of a non-existent appeal – summary rejection under s.364(1) – Appellate Jurisdiction Act s.4(2) – Court may strike out improperly lodged appeal – Rule 47 discretion to extend time.	28 November 2012
Kamili Mwaulambo and Another vs Republic (Criminal Appeal No. 145 of 2010; Criminal Appeal No. 167 of 2009) [2012] TZCA 343 (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 under s.388 Criminal Procedure Act; Visual identification — necessity to specify type and intensity of illumination and effect of torchlight; Delay/failure to name suspects at earliest opportunity undermines credibility; Second appeal — interference with concurrent findings only where misdirections/non-directions result in miscarriage of justice.	28 November 2012
Eliza Nenela vs Republic (Criminal Appeal No. 178 of 2010) [2012] TZCA 299 (23 November 2012) Appellant’s murder conviction and death sentence upheld on sufficient circumstantial evidence and rejected alibi. * Criminal law – murder – reliance on circumstantial evidence – requirement of an unbroken chain of facts incompatible with innocence; * Defence of alibi – failure to give notice under s.194(5) – effect on credibility; * Standard of proof – exclusion of reasonable alternative explanations; * Appeal – evaluation and sufficiency of trial judge’s reasoning.	23 November 2012
Jumapili Msyete vs Republic (Criminal Appeal No. 136 of 2010) [2012] TZCA 297 (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
Isambi Sain @ Mwazembe vs Republic (Criminal Appeal No. 142 of 2010) [2012] TZCA 363 (18 May 2012) Conviction quashed where penetration was unproven and PF3 was improperly relied on without s240(3) safeguards. Criminal law – Rape – Proof of penetration required under section 130(4)(a) Penal Code; Medical report (PF3) – evidential value limited; section 240(3) Criminal Procedure Act – accused’s right to require summon of report-maker and court’s duty to inform; burden of proof remains on prosecution; eyewitness evidence in darkness insufficient to establish rape/identity.	18 May 2012
Tatizo Msongole vs Republic (Criminal Appeal No. 140 of 2010) [2012] TZCA 452 (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 – Notice of Appeal – non-compliance with Rule 68(1)/(2) renders appeal incompetent; Appellate jurisdiction – section 4(3) revisional powers may be exercised sparingly to avert manifest injustice; Extension of time – good cause and timely steps by appellant; Non-appealable orders – section 6 limits appeals from certain High Court orders.	18 May 2012
April 2012
Joel Kayuni vs Republic (Criminal Appeal No. 61 of 2012) [2012] TZCA 465 (30 April 2012) High Court proceedings quashed because the appellant’s notice of intention to appeal was time-barred. Criminal procedure – Notice of intention to appeal – Time limit under section 361(1)(a) – Late notice renders subsequent High Court proceedings a nullity – Revisional jurisdiction under section 4(2) Appellate Jurisdiction Act – Quashing High Court proceedings.	30 April 2012