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.
3 judgments

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3 judgments
Citation
Judgment date
December 2014
An appeal instituted after the 60‑day rule 90(1) period without extension is time‑barred and was struck out.
Civil procedure – Appeals – Time limits – Rule 90(1) Court of Appeal Rules – appeal must be instituted within 60 days of lodging notice – failure to institute within 60 days without applying under rule 10 for extension renders appeal incompetent and liable to be struck out; Court may raise procedural non‑compliance suo motu; costs where defect raised by Court.
3 December 2014
Conviction for rape of a three‑year‑old upheld on corroborated evidence; compensation order set aside for lack of hearing on ability to pay.
* Criminal law – rape of a child – conviction based on flagrante delicto, corroborated eyewitness and medical evidence; proof of penetration in a toddler. * Evidence – single witness sufficiency and corroboration; not every discrepancy will defeat prosecution. * Procedure – compensation order requires assessment of accused’s means and right to be heard. * Sentencing – mandatory life imprisonment under section 131(3) upheld.
3 December 2014
Appeal allowed: conviction quashed due to inadequate circumstantial evidence and faulty summing up to assessors.
Criminal law – Murder – Circumstantial evidence — requirement that inculpatory facts exclude every reasonable hypothesis of innocence; Evidence – Search and seizure — improperly conducted search vitiates recovered evidence; Criminal procedure – Dying declaration — need for corroboration where relied upon for conviction; Practice — inadequate summing up to assessors on vital legal point renders trial a nullity.
2 December 2014