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

  • Filters
  • Judges
  • Alphabet
Sort by:
10 judgments
Citation
Judgment date
June 2023
Defective EOCCA consent and certificate vitiate trial jurisdiction; retrial denied where prosecution evidence is materially flawed.
EOCCA — consent under s.26(1) non-delegable; defective consent/certificate omitting statutory provisions vitiates subordinate court jurisdiction; cautioned statements recorded out of time and defective inventories undermine prosecution case; retrial inappropriate where prosecution has significant evidential gaps (Fatehali Manji principle).
14 June 2023
Trial court wrongly dismissed the applicant's suit under inapplicable provisions instead of striking out absent witness statements.
Civil procedure — non‑appearance at hearing — dismissal under Order VIII r.21(a) inappropriate after pre‑trial; Order X r.1 inapplicable — where witness who filed statement fails to appear court should strike out statement under Order XVIII r.5(5); revision permissible in exceptional circumstances to correct jurisdictional illegality.
13 June 2023
Conviction for statutory rape quashed because identification of the accused by the victim was insufficient.
Criminal law – Statutory rape – elements: age, penetration, identity of perpetrator – requirement that identification be proved beyond reasonable doubt. Identification – recognition evidence must be clear, unique and corroborated; absence of identification parade/investigation weakens prosecution case. Evidence – tender-age witness may be sworn if court is satisfied she understands the oath; victim’s evidence must be self-sufficient and credible. Pleadings – charge properly framed under section 135(a) CPA.
13 June 2023
Failure to explain vital legal points to assessors rendered the trial a nullity; conviction quashed and sentence set aside.
Criminal procedure — Summing up to assessors — Duty to explain vital points of law (dying declaration, visual identification, alibi) — Inadequate summing up vitiates trial — Assessors' opinions unreliable — Dying declaration and night identification requirements — Retrial vs quashing under AJA s.4(2).
12 June 2023
Court affirms title conclusive absent rebuttal; road authority must prove inclusion in road reserve; appeal dismissed with costs.
Land law – Certificate of title – Conclusive evidence of ownership under the Land Registration Act unless lawfully impeached. Highways Act / road reserve – Where inclusion in road reserve is disputed, the road authority (custodian) bears special burden of proof under s.115 Evidence Act. Burden of proof – Claimant bears burden only where inclusion in reserve is conceded; otherwise custodian must prove encroachment. Evidence – Need for locus inspection/measurement to prove encroachment into road reserve; uncorroborated oral evidence and internal contradictions are insufficient.
12 June 2023
Amendment and joinder without court leave and failure to hold mandatory pretrial conference rendered the trial proceedings null and were quashed.
Civil procedure – Amendment of pleadings (Order VI r.17 CPC) requires leave; Joinder/addition of parties (Order I r.10 CPC) requires court order; Defendant may join non-party only by third party procedure (Order I r.14) or counterclaim (Order VIII r.10); Mandatory final pretrial conference (Order VIII r.40(1)) – failure renders proceedings vitiated; Revisionary powers under s.4(2) AJA to quash and remit.
9 June 2023
Appeal dismissed: single-witness recognition at night was reliable and sufficient to uphold conviction.
Criminal law — Identification evidence — Recognition at night; source and intensity of light (torches and reflection); proximity and duration of observation; witness familiarity and immediate naming; credibility of single witness; Waziri Amani principles applied.
9 June 2023
Defective DPP consent and transfer certificate (omitting statutory provisions and improperly signed) rendered economic-offence proceedings a nullity; appellant released.
Criminal procedure – Economic offences – requirement of DPP’s personal consent under s.26 EOCCA – certificate conferring jurisdiction under s.12 EOCCA – omission of statutory provisions in consent/certificate – defective consent/certificate renders proceedings a nullity – retrial vs release.
5 June 2023
Inadequate summing up and unexplained departure from assessors' opinions nullified the appellant's conviction; case remitted.
Criminal procedure – Trial with assessors – Adequacy of summing up – Need to explain elements of offence (malice aforethought) and defence of self-defence – Departure from assessors' opinions requires reasons – Inadequate summing up renders trial a nullity – Remedy: remittal for fresh summing up and judgment or retrial if assessors unavailable; s.266(4) CPA curability of assessor disqualification.
2 June 2023
CMA award and High Court revision quashed for failure to administer oaths and denying several complainants a hearing.
Labour law – retrenchment disputes – procedure before CMA – mandate of representation under rule 5(2) – right to be heard (Article 13(6)(a)) – administration of oaths under rules 19(2) and 25(1) of G.N. No. 67 of 2007 – proceedings and award nullity – revisional power under s.4(2) AJA – remittal for rehearing.
1 June 2023