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.
2 judgments

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2 judgments
Citation
Judgment date
December 1979
Reported

Criminal Law - Murder - Plea of self-defence - use· of excessive force - Accused honestly and reasonably believed he was defending himself - Whether conviction of murder or manslaughter.
Criminal Law - Murder - Plea of self-defence - Use of excessive force - Accused honestly and reasonably believed he was defending himself - Test of honest and reasonable belief - subjective.
Evidence - Onus of proof - Excessive and lethal use of force - Onus rests throughout on the· prosecution.
Police Force Ordinance - Application to peoples' militia.

1 December 1979
Court quashed murder conviction: nighttime identification and circumstantial evidence did not exclude reasonable doubt.
Criminal law – Circumstantial evidence – Identification in darkness – Reliability of witness identification; conduct after offence – flight or fear; lies and missing weapon – weight in circumstantial case; reasonable doubt; appellate intervention when evidence does not irresistibly point to guilt.
1 December 1979