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.
12 judgments

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12 judgments
Citation
Judgment date
May 2018
Unexplained delay and inadequate medical evidence failed to show good cause for extension of time to appeal.
Civil procedure – extension of time under rule 10 Court of Appeal Rules – requirement to show good cause – medical evidence insufficiency – must account for each day of delay – illegality exception not invoked.
10 May 2018
10 May 2018
Appeal dismissed: prosecution proved rape (penetration and lack of consent); improperly tendered PF3 was expunged.
Criminal law – Rape – Proof of penetration and absence of consent; Evidence – corroboration by eyewitness and victim; Admissions – accused’s brief statement as confession corroborating prosecution; Procedure – expungement of improperly tendered medical report (PF3).
10 May 2018
Chain-of-custody relaxed for non-easily-tampered trophy; failure to read valuation was fatal, but conviction and adjusted sentence upheld.
* Criminal law – unlawful possession and transportation of government trophy – evidential proof and credibility of arresting officers. * Evidence – chain of custody – distinction between items easily tampered with and items not readily changeable (elephant tusks). * Evidence – failure to read an admitted documentary exhibit aloud is a fatal irregularity; expungement may follow. * Sentencing – application of Cap. 200 (Economic and Organized Crimes Control Act) and Wildlife Act; first appellate adjustment upheld.
10 May 2018
Close-range identification and admissible confessions proved murder with malice aforethought; appeal dismissed and sentence upheld.
Criminal law – murder – identification at close range and earliest opportunity; admissibility of cautioned and extra‑judicial statements – late retraction regarded as afterthought; malice aforethought inferred from weapon, injury and conduct; committal irregularity not prejudicial where exhibits were available and admitted.
9 May 2018
Appeal against murder conviction dismissed; identification and confessions upheld and malice aforethought found proven.
* Criminal law – murder – identity evidence and recognition at close range during daytime – early identification reliability. * Criminal law – admissibility of confessions – extra-judicial and cautioned statements admitted at preliminary hearing; later retraction treated as afterthought. * Criminal law – malice aforethought established from weapon used, nature of injuries and conduct of accused. * Criminal procedure – non-production of an accompanying witness and lack of exhibit list at committal not fatal where no prejudice shown.
9 May 2018
Appellant's admission and eyewitness corroboration proved rape; the appeal was dismissed and conviction affirmed.
* Criminal law – Rape – proof requires penetration and lack of consent; eyewitness corroboration and victim's alarm as evidence of non-consent. * Evidence – Accused's admission at trial can materially corroborate prosecution case. * Evidence – Medical report (PF3) expunged; improper tendering rendered immaterial where conviction rests on other evidence. * Appeal – Conviction and sentence upheld where prosecution proves elements beyond reasonable doubt.
9 May 2018
Appeal dismissed: identification and confessions reliable, malice aforethought proved, conviction and death sentence upheld.
Criminal law – murder – identification in daylight by a known witness – extra-judicial and cautioned statements admitted at preliminary hearing – late objection to voluntariness treated as afterthought – malice aforethought established by weapon, nature of injuries and conduct of accused – procedural omission at committal and non-production of supporting witness not prejudicial.
8 May 2018
Court expunged inadmissible confession but upheld statutory rape conviction based on victim and medical evidence.
* Criminal law – Statutory rape – intercourse with a girl under eighteen – consent immaterial. * Evidence – Victim’s unchallenged testimony and medical report as decisive proof. * Procedure – Cautioned statement expunged where not read to accused in court. * Criminal appeal – concurrent findings of facts respected absent misdirection or miscarriage of justice.
8 May 2018
Appeal against rape conviction dismissed; PF3 admissible, child evidence reliable despite imperfect voire dire.
Criminal law – Rape of a child; admissibility of PF3 under section 240(3) CPA; impeachment of witnesses and section 164(1)(c) TEA; child witness and section 127(2) TEA (duty to tell truth); relatives as competent witnesses; failure to cross‑examine on age amounts to acceptance; minor contradictions immaterial.
8 May 2018
Appellant's statutory rape conviction upheld; victim and medical evidence proved guilt despite expunged cautioned statement.
* Criminal law – Statutory rape – sexual intercourse with a girl under 18 – consent immaterial. * Evidence – best evidence is victim's testimony; failure to cross‑examine leaves evidence unchallenged. * Evidence – medical report corroborating penetration admissible and persuasive. * Procedure – cautioned statement must be read over to accused; failure to do so requires expungement. * Appeal – concurrent findings of fact by trial and first appellate courts upheld absent misdirection or miscarriage of justice.
7 May 2018
Appellant's rape conviction upheld: prosecution evidence credible, PF3 admissible, procedural defects immaterial.
* Criminal law – Rape – conviction upheld where victim’s evidence corroborated by eyewitness relatives and medical evidence. * Evidence – PF3 (medical form) admissible when tendered by the examining clinical officer under section 240(3) CPA. * Evidence – Relatives’ testimony admissible; credibility assessed on merits. * Evidence – Impeachment under section 164(1)(c) TEA requires production of prior inconsistent statements and cross-examination. * Evidence – Voire dire under section 127(2) TEA: child's understanding of duty to tell truth essential; minor procedural defects not automatically fatal. * Procedure – Failure to raise or cross-examine on an issue at trial precludes raising it as new ground on appeal.
7 May 2018