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.
10 judgments

Court registries

All months
  • Filters
  • Judges
  • Alphabet
Sort by:
10 judgments
Citation
Judgment date
November 2023
Trial lacked jurisdiction because consent under EOCCA s.26(1) was invalid; convictions quashed and appellants released.
Criminal procedure – Economic offences – Consent under EOCCA s.26(1) – Power to consent is non‑delegable and vests in the DPP personally – Consent by subordinate officer invalid. Jurisdiction – Certificate of transfer premised on invalid consent is nugatory – proceedings are a nullity. Evidence – Improper tendering of exhibits and destruction of trophies may undermine prospect of fair retrial.
10 November 2023
Applicants failed to show good cause for extension of time to apply for leave; application dismissed with costs.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — requirement of "good cause" and need to account for each day of delay. Rule 45A(1)(b) — second-bite application for extension to be filed within 14 days of High Court refusal. Delay caused by pursuing prior applications or alleged negligence of counsel does not, without adequate explanation, establish good cause.
10 November 2023
A plea admitting a different offence is not admission of the charged offence; conviction quashed and retrial ordered.
Criminal procedure – Plea-taking – Validity of plea; Plea admitting different offence does not constitute admission of charged offence; Record authenticity – handwritten original preferred over inconsistent typed record; Distinction between rape and unnatural offence; Remedy – quash conviction and order retrial.
10 November 2023
Single‑witness night identification found unreliable; conviction quashed and appellant released.
Criminal law – Visual identification – Single witness identification at night – utmost caution and strict scrutiny of credibility; inconsistencies and incoherence in witness testimony undermine reliability. Criminal procedure – Alibi defence and duty to disprove; s.291(3) CPA right to call/cross‑examine medical expert not decided after acquittal.
10 November 2023
Invalid consent to prosecute economic offences (issued by wrong officer) vitiates jurisdiction and quashes the conviction.
Criminal procedure – EOCCA consent – section 26(1) EOCCA – consent to prosecute economic offences must be issued by the DPP personally unless lawfully delegated under section 26(2). Jurisdiction – invalid consent vitiates trial court jurisdiction and subsequent appeals. Appellate jurisdiction – section 4(2) AJA – power to nullify proceedings, quash conviction and set aside sentence. Retrial – discretionary; not ordered where prosecution case has material flaws and retrial would be against interests of justice.
9 November 2023
Murder conviction quashed and substituted with manslaughter where prosecution failed to prove malice aforethought.
Criminal law – murder v. manslaughter – malice aforethought; self‑defence; burden of proof beyond reasonable doubt; substitution of conviction under s.300(2) CPA where only accused witnessed critical events.
9 November 2023
Invalid consent to prosecute under the EOCCA vitiated jurisdiction, nullified convictions, and warranted a retrial.
Criminal procedure – Economic and Organised Crime Control Act (EOCCA) – consent to prosecute – section 26(1) vests consent power in the Director of Public Prosecutions – State Attorney in charge cannot issue consent under s.26(1). Jurisdiction – defective consent renders certificate of transfer and trial proceedings nullity. Appeals – appellate proceedings arising from nullity are likewise void. Remedy – convictions quashed, sentences set aside, retrial ordered.
9 November 2023
Conviction quashed where date variance, improperly recorded child evidence and unread exhibits left no credible proof.
Criminal law – rape – variance between charged date and evidence; child witness evidence – non-compliance with s.127(2) Evidence Act; documentary exhibits admitted but not read to accused – expungement; failure to prove charge beyond reasonable doubt.
9 November 2023
Failure by the applicant to serve the notice of motion within 14 days under rule 55(1) renders application incompetent.
Civil Procedure – Court of Appeal Rules, 2009 – Rule 55(1) – mandatory service of notice of motion, affidavit and supporting documents within 14 days of filing. Non-compliance with rule 55(1) – renders application incompetent – struck out. Preliminary objection – procedure and effect. Labour matters – no order as to costs.
9 November 2023
Convictions for unlawful entry and trophy possession quashed for statutory and mandatory-procedure defects.
National Parks Act — amendment removed the offence of unlawful entry; charging under deleted provision is irregular. Police General Orders No. 229 para.25 — mandatory procedure for disposal of perishable exhibits; accused must be given opportunity to be present and heard. Evidence — Inventory Form for perishable trophy inadmissible where mandatory disposal procedure not followed; burden to prove possession rests on prosecution.
9 November 2023