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.
13 judgments

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13 judgments
Citation
Judgment date
February 2023
A prosecutor cannot obtain a retrial to cure a charge he prosecuted defectively after the accused have been acquitted.
Criminal procedure – defective charge – curable vs incurable defects – prejudice to accused. Retrial – factors to consider before ordering retrial (Fatehal Manji) – prevention of prosecution correcting its own errors after acquittal. Prosecutor conduct – duty to apply for amendment under s.22 Code; cannot seek retrial to benefit from own wrong.
24 February 2023
Failure to list an exhibit at committal can render its admission fatal and overturn conviction based on recent possession.
Criminal procedure – committal proceedings – mandatory listing of intended documentary and physical exhibits under section 246(2) CPA; Evidence – admissibility – failure to list exhibit at committal is fatal and justifies expungement; Doctrine of recent possession – cannot support conviction where the key exhibit connecting accused to deceased is expunged; Section 289(1) CPA – procedure to tender additional evidence.
24 February 2023
Applicant failed to show good cause for a 21‑day delay; extension of time to appeal dismissed with costs.
Extension of time – discretionary remedy – applicant must show good and sufficient cause and account for each day of delay; procedural defect in citing wrong rule curable under rule 48(1); ignorance of law and pursuit of wrong remedy not ordinarily sufficient; rule 90(1) – 60 days for filing appeal.
24 February 2023
High Court's suo motu adjudication of unpleaded issues without hearing parties violated audi alteram partem and was nullified.
Criminal procedure — appellate review — raising new issues suo motu — right to be heard (audi alteram partem) — defect in charge and improperly recorded plea — decision arrived at without hearing parties is a nullity — quash and remit for fresh judgment; Appellate Jurisdiction Act, s.4(2).
23 February 2023
Conviction for armed robbery upheld on doctrine of recent possession despite minor evidentiary discrepancies.
Criminal law – Armed robbery – conviction based on doctrine of recent possession where accused found in immediate possession of stolen motorcycle. Criminal Procedure Act s.132 & s.135(c) – adequacy of charge and particulars of stolen property. Evidence – identification; minor clerical errors in seizure documents not fatal; chain of custody; number and sufficiency of witnesses. PF3 and medical records – non-production not necessarily fatal where other credible evidence proves arrest and possession.
23 February 2023
Applicant's rape conviction upheld: medical and eyewitness evidence sufficient despite incomplete child testimony.
Criminal law – Rape of a child – conviction upheld on eyewitness and medical evidence despite incomplete child testimony; victim's unsworn incomplete evidence disregarded when not subject to effective cross-examination. Evidence – Competence of interested witnesses: relatives may testify if competent and credible; number of corroborative witnesses not prescribed. Evidence – Exhibits: investigator in possession of clinic card competent to tender it. Procedure – Amended appeal documents supersede earlier petitions. Child witnesses – courts should accommodate and control cross-examination using juvenile-procedure principles to protect tender-age witnesses.
23 February 2023
Appellate court dismissed appeal: victim’s credible evidence and medical corroboration proved non‑consensual adult rape; variance in charge was not prejudicial.
Criminal law – Rape – proof beyond reasonable doubt – victim’s testimony corroborated by medical evidence and immediate complaint. Criminal procedure – Alibi – accused’s duty to establish alibi on balance of probabilities. Criminal procedure – Variance in charge – particularsof offence and evidence may cure defective statutory citation if accused not prejudiced. Appellate review – concurrent findings on credibility will not be disturbed absent manifest unreasonableness or misdirection.
22 February 2023
Conviction for rape of a child under ten upheld based on a credible eyewitness and medical evidence despite expunction of the child’s testimony.
Evidence — Competence of child witness — Expunction of child’s evidence under s.127(2) Evidence Act — effect on conviction when independent eyewitness evidence remains. Criminal law — Rape of a child under 10 — Section 131(3) Penal Code — conviction may rest on credible eyewitness and medical evidence. Evidence — Admissibility of documents — PF3 may be tendered by custodian; failure to call author after opportunity waives complaint. Evidence — Proof of age — parental testimony can suffice where documentary proof absent. Procedure — Failure to call non‑eyewitness local leaders not fatal; defence must be considered but rejection is permissible after evaluation.
22 February 2023
Deceased witness statement improperly admitted and expunged, but victim's testimony and medical evidence sustain the rape conviction.
Criminal law – Rape – Victim's testimony as primary evidence; Medical (PF3) corroboration – Proof of age – Admissibility of deceased witness' statement under s.34B(2) Evidence Act – Non-compliance with procedural conditions renders such statement inadmissible – Variance in time/place not necessarily fatal.
22 February 2023
Failure to list exhibits at committal led to expungement, but last-person-to-be-seen evidence upheld the murder conviction.
Criminal law – murder; committal proceedings – duty to list exhibits under s.246(2) CPA; inadmissibility and expungement of exhibits not listed; circumstantial evidence – last person to be seen with the deceased; recent possession doctrine unsustainable without properly tendered exhibits; credibility assessment of prosecution witnesses.
20 February 2023
Victim's credible testimony and birth certificate proved child rape; conviction and life sentence upheld, appeal dismissed.
Criminal law — Sexual offences: victim's testimony as best evidence; appellate assessment of credibility without demeanour; proof of age by birth certificate; admissibility/value of extra-judicial/oral confession where cautioned statement expunged.
17 February 2023
Appeal dismissed; victim and mother’s credible testimony sufficed despite expunged cautioned statement.
Criminal law – Rape of a child – Credibility of victim and corroboration by parent – Number of witnesses not prescribed; Evidence Act ss.127, 143; cautioned statement expunged but conviction safe on independent evidence.
15 February 2023
Conviction quashed: identification evidence unreliable and unrelated to the robbery, no proven nexus between incidents.
Criminal law – Identification evidence – Visual identification by a familiar witness – Probative value where identification is unrelated to charged offence – Need for nexus between identification incident and crime; Criminal procedure – Appellate review – Evaluation of defence and alleged discriminatory treatment of co-accused.
13 February 2023