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.
11 judgments

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11 judgments
Citation
Judgment date
November 2014
A material variance between the charged date and prosecution evidence warrants acquittal and quashing of conviction.
Criminal law – material variance between charge and evidence regarding date of offence; particulars in charge are material; duty to amend charge and recall witnesses where dates differ; failure to cure variance results in acquittal and quashing of conviction.
28 November 2014
Applicant failed to show good cause for a two-year delay and did not specify Rule 66 grounds; extension dismissed.
* Appeals and procedure – extension of time – Rule 10 – applicant must show good cause for delay; mere ignorance or prison constraints insufficient. * Review – Court of Appeal – Rule 66(1)(a)–(e) – review is exceptional, not automatic; applicant for extension must state and support which Rule 66 grounds will be relied upon.
28 November 2014
Applicant's uncorroborated prison-shortage claim failed to establish good cause for an extension of time.
Criminal procedure – extension of time – Rule 10 Court of Appeal Rules 2009 – "good cause" – requirement for corroboration of institutional impediments – affidavit from prison authority; unsubstantiated assertions fatal to extension application.
28 November 2014
An appeal is incompetent and must be struck out if the notice of appeal is filed outside the extended time.
* Criminal procedure — Appeal competence — Notice of appeal — Time limits and extensions; failure to comply renders appeal incompetent. * Court Rules (Rule 68(1)/Rule 61) — Notice of appeal is mandatory to institute criminal appeal. * Procedural compliance — Memorandum of appeal filed outside time ordered by court — consequences: appeal struck out.
28 November 2014
Court granted leave to withdraw an application for extension of time to file a review where the respondent raised no objection.
* Civil procedure – Withdrawal of application – Leave to withdraw – Grant of leave under Rule 58(3) where respondent raises no objection; * Court of Appeal Rules – Rule 66 (extension of time to apply for review) and Rule 58(3) (withdrawal of application).
27 November 2014
Court granted leave to withdraw an application for extension of time to file a review, allowing refile.
Civil procedure — Application for extension of time (Rule 66) — Withdrawal of application with leave to refile — Grant of leave where respondent does not object — Rule 58(3) Court Rules.
27 November 2014
A subordinate court’s trial and conviction for an economic offence without DPP consent is a nullity and must be quashed.
* Criminal law – Jurisdiction – Economic offences – Requirement of DPP’s prior consent under section 26(1) of the Economic and Organised Crimes Control Act – absence vitiates trial. * Transfer certificates under section 12(3) do not substitute for DPP consent. * Appellate revisional powers (Appellate Jurisdiction Act s.4(2)) to quash null proceedings and order release. * Consequence: convictions and sentences obtained without required DPP consent are set aside.
27 November 2014
Extension of time to file review denied where applicant failed to specify the rule 66(1) grounds required by the Rules.
* Civil procedure – Extension of time (rule 10) – Application for review – Requirement to state one or more grounds of review under rule 66(1) – Failure to do so merits dismissal.* Court of Appeal Rules, 2009 – rule 66(1) strictly limits review grounds – safeguards against re-opening appeals.
27 November 2014
Prisoners have no automatic right to review; extension of time requires showing good cause and specifying grounds under the Rules.
* Criminal procedure – review – no automatic right for prisoners to apply for review; review governed by Rule 66 of the Court of Appeal Rules, 2009. * Civil procedure – extension of time – applicant must show 'good cause' under Rule 66(3) and specify grounds under Rule 48(1). * Insufficiency of general assertions or bare appeals to 'interest of justice' to constitute good cause.
26 November 2014
Daylight identification and unchallenged evidence upheld; cautioned statement excluded but conviction affirmed.
* Criminal law – armed robbery – identification evidence – daylight, prior acquaintance and time to observe support reliable identification. * Evidence – admissibility of cautioned statements – requirement to apply s.169 Criminal Procedure Act before admitting evidence obtained in alleged contravention of statutory rights. * Procedure – non-production of PF3 – absence not fatal where other uncontroverted medical and oral/confessional evidence exists. * Appellate practice – appellate court will not consider issues not raised or decided in lower courts.
24 November 2014
Family-witness evidence, expunged PF3, and absence of in-camera trial did not overturn statutory rape conviction.
* Criminal law – sexual offences – statutory rape – proof of victim’s age; family witnesses’ credibility. * Evidence – medical report (PF3) – admission under s.240(3) Criminal Procedure Act – right to summon/report author – illegal admission and expunction. * Criminal procedure – requirement to sit in camera in sexual offences involving children – proceedings not automatically void absent miscarriage of justice. * Confession – cautioned statement admitted voluntarily and corroborative.
21 November 2014