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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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7 judgments
Citation
Judgment date
December 1983
Lugata Mwubuki and Another vs Republic (Criminal Appeal No. 28 of 1982) [1983] TZCA 26 (12 December 1983)
Whether an extra‑judicial confession and voice identification can corroborate guilt and whether one accused’s confession may convict a co‑accused.
Criminal law – extra‑judicial confession – admissibility and corroboration; voice identification as corroboration; Evidence Act s.33 – limits on using one accused’s confession against co‑accused; doctrine of recent possession and distinction between thief and receiver; requirement for interpreter’s evidence when translating statements.
 12 December 1983
Lugata Mwubuki and Another vs Republic (Criminal Appeal No. 28 of 1982) [1983] TZCA 61 (12 December 1983)
Co‑accused confession admissible for confessor but cannot alone convict another; recent possession alone insufficient to prove murder.
* Criminal law – extra-judicial confession – admissibility when retracted – corroboration by voice identification. * Evidence – confession by co-accused – not sole basis to convict another (s.33 Evidence Act) but may serve as corroboration if independent linking evidence exists. * Evidence – recent possession of stolen property – may indicate receiving, not necessarily participation in theft or murder. * Procedure – interpreter’s evidence – interpreter should ordinarily testify to avoid hearsay; recorder knowing the language may suffice for admissibility.
 12 December 1983
Matikku s/o Chacha vs Republic (Criminal Appeal No.15 of 1983) [1983] TZCA 35 (12 December 1983)
Appellate court upheld murder conviction on reliable eyewitness identification, branded cattle ownership and corroborated exhibit linking appellant to victim.
Criminal law – Circumstantial evidence – Identification of accused – eyewitness opportunity and credibility; property identification by branding; admissibility and corroboration of extrajudicial identification of exhibit; cumulative circumstances proving guilt beyond reasonable doubt.
 12 December 1983
Matiku s/o Chacha vs Republic (Criminal Appeal No. 15 of 1983) [1983] TZCA 64 (12 December 1983)
Reliable night-time identification and corroborative possession of distinctive sword upheld circumstantial murder conviction.
* Criminal law – Murder – Circumstantial evidence – Identification of accused by eyewitness at night – Identification of property (branded cattle and distinctive sword) – Admissibility and corroborative value of deceased’s prior statement under s.34(B) 2(a) Evidence Act.
 12 December 1983
Mwajuma Marwa and Another vs Republic (Criminal Appeal No. 30 of 1982) [1983] TZCA 27 (12 December 1983)
Intoxication and duress defences failed: insufficient evidence and post-offence conduct showed willing participation.
Criminal law – Murder – Defences of involuntary intoxication and compulsion (section 17 Penal Code) – evidential requirements; post-offence conduct as indicia of voluntariness; bare assertions insufficient.
 12 December 1983
Mwajuma Marwa and Another vs Republic (Criminal Appeal No. 30 of 1982) [1983] TZCA 62 (12 December 1983)
Intoxication and duress defences failed where conduct and evidence showed deliberate killing and concealment; appeals dismissed.
* Criminal law – Murder – Defences of intoxication and compulsion (duress) – evidential requirements for intoxication; immediate threat requirement under section 17 Penal Code. * Evidence – Post-offence conduct and consistency with alleged incapacity or compulsion – relevance to credibility.
 12 December 1983
Ally s/o Ndyanabo vs Republic (Criminal Appeal No. 2 of 1982) [1983] TZCA 28 (6 December 1983)
Circumstantial evidence linking appellant to getaway vehicle upheld; factual inference of participation sustained and appeal dismissed.
* Criminal law – robbery – conviction based on circumstantial evidence – identification of getaway vehicle (registration SU 6484) and driver’s control of vehicle as basis for inference of guilt. * Evidence – circumstantial evidence and inferences – when an inference from primary facts is reasonable and irresistible appellate interference inappropriate. * Credibility – rejection of alibi where supporting witness denies account and timings conflict with established facts. * Appellate procedure – limits on second appeals challenging factual inferences.
 6 December 1983