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.
21 judgments

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21 judgments
Citation
Judgment date
July 2025
Warehouse receipts constituted a binding contract; liability for cashewnuts' shrinkage falls on the warehouse operator.
Contract Law - Binding nature of warehouse receipts - Breach of storage contract - Warehouse operator's liability for loss.
1 July 2025
The appeal rectified misjudgment on land ownership, clarifying proof of sale, allocation errors, and plot distinctions.
Property Law – Land ownership dispute – Double allocation claim – Validity of sale and transfer of right of occupancy – Burden of proof for ownership.
1 July 2025
June 2025
High Court judicial review application dismissed due to lack of proper leave and non-compliance with filing deadlines.
Procedural law – Judicial review – Requirement for leave – Filing time limits – Competency of applications without proper leave.
30 June 2025
The High Court's omission to address a preliminary objection before trial led to nullification of its judgment.
Civil Procedure - Preliminary objection - Failure to address jurisdictional objections before substantive suit - Procedural irregularity - Nullification of high court proceedings.
30 June 2025
The court dismissed the appeal, confirming the respondent's right to remit taxes from the settlement amount without prior tax demand review by the appellant.
Contract law – Interpretation of the Deed of Adjustment – Tax liabilities and payments – Authority to remit taxes.
30 June 2025
The appellants' convictions were overturned due to unresolved contradictions in witness testimonies and failure to present material witnesses.
Criminal Law – Manslaughter and grievous harm – witness contradictions and failure to call material witnesses – burden of proof beyond reasonable doubt.
30 June 2025
Court favors the original bench to preside over reviews when members are available, per procedural rules.
Criminal Procedure – Review of court's decision – Interpretation and application of Rule 66(5) regarding the bench selection for review hearings.
27 June 2025
The conviction for rape was quashed due to uncorroborated evidence and credible alibi presenting reasonable doubt.
Criminal Law – Rape offense – Reliability of victim's testimony – Role of material witness in rape cases – Validity of alibi.
27 June 2025
Court of Appeal sets aside conviction for lack of credible and reliable victim testimony in sexual offences case.
Criminal Law – Sexual Offences – Dependence on victim’s testimony – Assessment of credibility and reliability of evidence.
26 June 2025
Appeal dismissed; statutory rape conviction upheld based on substantive evidence and credible victim testimony.

Criminal law – rape of a minor – admissibility of evidence – recording of child testimony – proof beyond reasonable doubt – credibility of victim’s testimony.

26 June 2025
Court finds prosecution failed to maintain the chain of custody and resolve evidence discrepancies, overturning conviction for drug possession.

Criminal law – Procedural fairness – Chain of custody – Drug possession – Weight discrepancy – Insufficient evidence to sustain conviction.

25 June 2025
Court quashes university's refusal to reconsider appeal, citing violation of right to fair trial and procedural error.
Judicial review – University academic decision – Right to be heard – Duty to give reasons – Natural justice
25 June 2025
The appellant's murder conviction was upheld as the evidence was deemed sufficient beyond reasonable doubt despite alleged contradictions.
Criminal Law – Murder – Reliability of witness testimony and alleged contradictions – Definition and relevance of confession – Evidentiary standards in appeal.
25 June 2025
Doubts about victim's credibility and insufficient medical evidence led to quashing of statutory rape conviction.
Criminal law – statutory rape – credibility of minor victim's testimony – reliability of medical evidence without physical signs – role of omitted witness testimony.
24 June 2025
Court quashes conviction for rape and impregnation due to evidentiary inconsistencies and failure of proof beyond reasonable doubt.
Criminal law – Rape and impregnating minors – Variance between charge details and evidence – Proof beyond reasonable doubt – Credibility of witness testimony in sexual offense cases.
24 June 2025
High Court dismissal of extension of time application quashed due to appellant's right to be heard being denied.
Criminal Law - Appeal - Application for extension of time - Right to be heard - Errors by High Court in dismissing application.
24 June 2025
Appeal dismissed, focusing on procedural errors and sufficiency of circumstantial evidence in a rape case.
Criminal Law - Appeal filing period - Evidence admissibility under section 127(2) Evidence Act - Confessed evidence during preliminary hearing - Consideration of appellant's defense.
23 June 2025
Convictions for armed robbery and rape quashed due to insufficient evidence and inconsistencies in witness testimony.
Criminal Law – Armed robbery and rape – Insufficient evidence – Inconsistent naming and unproven item identification - Failure to call material witness.
23 June 2025
Conviction in a rape case overturned due to victim's credibility issues and prosecution's procedural errors.
Criminal Law - Offences against the person - Rape - Proof of offence - Victim's credibility and prompt reporting.
20 June 2025
Defective notice of appeal and premature filing render criminal appeal incompetent.
Criminal procedure - notice of appeal - validity - appeal filed before the decision - effect of premature filing.
20 June 2025
Conviction quashed due to failure to summon key witness and discrepancies in testimonies undermining proof beyond reasonable doubt.
Criminal Law – Appeal – Credibility of child witness – Identification issues – Importance of calling a crucial witness – Discrepancies in evidence affecting the burden of proof.
20 June 2025