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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.

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https://jmap.judiciary.go.tz/jmap/jmap-coa

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10 judgments

Citation	Judgment date
October 1980
Mwita Kiabaroti Nyakihengu vs Republic (Criminal Appeal 32 of 1980) [1980] TZCA 11 (10 October 1980) Witness identification corroborated by conduct and admission; assessors' opinion not binding; murder conviction upheld. * Criminal law – Identification evidence – Weak night-time identification requiring corroboration – Subsequent conduct and admission as corroboration. * Criminal procedure – Assessors’ opinions – Trial judge may reject assessors’ views after independent evaluation of evidence. * Murder – Conviction upheld where identification corroborated by conduct and confession.	10 October 1980
Yasin S. Kasola vs Republic (Criminal Appeal 33 of 1980) [1980] TZCA 12 (10 October 1980) A duly authored written confession can sustain a theft-by-servant conviction even if later repudiated. * Criminal law – Theft by servant – Proof – Unexplained cash shortage and written confession as evidence. * Evidence – Written confession (Exhibit D) – Authenticity and attribution – Repudiated confession need not always be corroborated. * Employer discretion – Administrative handling of minor shortages versus criminal prosecution.	10 October 1980
Mathias Charle Vitalis vs Republic (Criminal Appeal 41 of 1979) [1980] TZCA 15 (3 October 1980) Trial irregularities were curable; conviction for fraudulently issuing government-travel tickets and mandatory minimum sentence upheld. Criminal law – Procedural irregularities and omnibus pleas – s.346 Criminal Procedure Code – curable defects; Fraud – issuance of tickets under forged Government Travel Warrants; Minimum Sentences Act 1972 – mandatory minimum sentence upheld.	3 October 1980
Mohamed Koningo vs Republic (Criminal Appeal 42 of 1979) [1980] TZCA 16 (3 October 1980) Defective particulars vitiate a conviction; obtaining goods by false pretences, not theft, applies where forged documents induce delivery. Criminal law – defective charge and particulars – accused’s right to know the charge – conviction quashed where particulars fail to disclose offence; Criminal law – distinction between theft and obtaining goods by false pretences – forged document inducing delivery vitiates passing of property; Criminal procedure – substitution of alternative conviction under section 187(1) Criminal Procedure Code lawful where supported by evidence.	3 October 1980
Mohamed Koningo vs Republic (Criminal Appeal No. 42 of 1979) [1980] TZCA 107 (3 October 1980) Reported A defective charge invalidated an uttering conviction, while obtaining goods by false pretences was properly upheld where goods were procured by a forged requisition. Criminal law – defective charge and particulars – conviction for uttering false document quashed where particulars and statutory reference fail to disclose offence; Criminal law – obtaining goods by false pretences v. theft – goods obtained by forged document constitute obtaining by false pretences; Criminal Procedure – s.187(1) CPC permits substituted convictions supported by evidence; Duty of trial courts to inspect and amend defective charges.	3 October 1980
July 1980
Robert Daniel Bomani vs Republic (Criminal Appeal 34 of 1979) [1980] TZCA 13 (3 July 1980) Conviction for diversion of employer’s goods upheld; non-production of transport records did not vitiate sufficient eyewitness evidence. * Criminal law – theft by servant – diversion of employer’s goods to unauthorized recipient. * Evidence – non-accomplice eyewitnesses (turn-boys) corroborating presence and conduct at scene. * Evidence – failure to produce documents – section 122 Law of Evidence Act and discretionary adverse inference. * Credibility – afterthought assertion of reporting to police undermined by lack of cross-examination.	3 July 1980
April 1980
Liberati Mtende vs Republic (Criminal Appeal 3 of 1980) [1980] TZCA 3 (2 April 1980) Concealment and inadequate record‑keeping, together with stock shortages, supported circumstantial proof of theft; appeal dismissed. * Criminal law – Theft by a public servant/custodian – circumstantial evidence and inferences from conduct and record‑keeping failures. * Evidence – adequacy of circumstantial proof where stock shortages and concealment of records exist. * Criminal procedure – curability of prosecutorial irregularity under section 346 of the Criminal Procedure Code. * Sentencing – requirement to prove value of stolen goods for appropriate sentencing. * Appeals – inappropriate certification of a point of law where the courts decided facts and drew inferences.	2 April 1980
Mathew Elias Mfumakule and Another vs Republic (Criminal Appeal No. 2 of 1980) [1980] TZCA 110 (2 April 1980) Possession, access and silence justified inference that the applicants forged the cheque; appeal dismissed. Criminal law – Forgery – Circumstantial evidence – Possession of forged instrument and access to source cheque-book – Silence and absence of explanation – Inference of guilt and principal liability for acts of agent.	2 April 1980
March 1980
Alphonce Philibert vs Republic (Criminal Appeal 27 of 1979) [1980] TZCA 9 (29 March 1980) Objective ordinary‑person standard applied; provocation and intoxication rejected and murder conviction with death sentence upheld. Criminal law — Murder — stabbing causing fatal chest wound; Provocation — statutory definition (s.202) and objective community standard; Intoxication — mere drinking not a defence to murder; Assessors — trial remains with aid of assessors even if no specific opinion on provocation recorded; Transferred malice — not applicable here.	29 March 1980
Lubasha Maderenya and Another vs Republic (Criminal Appeal 32 of 1979) [1980] TZCA 10 (29 March 1980) Child witness corroboration and common intention upheld; age for death sentence determined at time of conviction, not offence. * Criminal law – child witness – evidence of child of tender years requires corroboration – corroborative circumstances may include conduct, admissions, early consistent reports and motive. * Criminal law – common intention – continuation of unlawful assault outside and inside dwelling may establish common intention linking co-accused. * Sentencing – Penal Code s.26(2) – prohibition on pronouncing death applies to persons who are under eighteen 'is' at time sentence is pronounced/recorded (conviction/sentencing), not necessarily at time of offence.	29 March 1980