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

13 judgments

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13 judgments

Citation	Judgment date
December 1993
Daudi Njige vs Republic (Criminal Appeal No.18 of 1993) [1993] TZCA 68 (13 December 1993) Eyewitness identification supported by a blood‑stained knife and post‑mortem findings upheld a murder conviction; appeal dismissed. Criminal law — Murder — Identification evidence — Credibility of eyewitnesses — Minor contradictions not fatal; possession of blood‑stained knife and post‑mortem consistent with stabbing — Appeal dismissed.	13 December 1993
Mohamed Musaro vs Republic (Criminal Appeal No. 65 of 1993) [1993] TZCA 67 (13 December 1993) Conviction for robbery quashed where identification and provenance of recovered property were unreliable, causing miscarriage of justice. Criminal law – robbery with violence – identity evidence – reliability of torchlight and voice identification; possession of alleged stolen property – provenance and timing; second appeal under s.6(7) Appeals Judicature Act 1979 – intervention where findings of fact are perverse or miscarriage of justice.	13 December 1993
Mohamed Musero vs Republic (Criminal Appeal No. 99 of 1993) [1993] TZCA 150 (13 December 1993) Reported Criminal Practice and Procedure -Identification - Use of torch light in identifying thieves - Whether reliable. Appeals - Second appeal — Where findings of fact or inferences are perverse - Whether Court of Appeal can intervene - Appellate Jurisdiction Act 1979 - Section 6(7)(a).	13 December 1993
The Director of Public Prosecutions vs Ramadhani Hamisi (Criminal Appeal No. 188 of 1989) [1993] TZCA 48 (13 December 1993) Dying declaration preferred over inconsistent eyewitness accounts; manslaughter conviction upheld and appeal dismissed. Criminal law – murder v. manslaughter – malice aforethought – weight of dying declaration versus eyewitness testimony – assessors' verdicts – appellate review of credibility findings.	13 December 1993
The Director of Public Prosecutions vs Yanlinga Paulo (Criminal Appeal No. 96 of 1988) [1993] TZCA 44 (13 December 1993) A retracted confession lacking satisfactory independent corroboration cannot sustain a murder conviction; appellate court dismissed the prosecution's appeal. Criminal law – confession – retracted confession – voluntariness and weight of confession – need for independent corroboration of confession – sufficiency of circumstantial evidence – appellate interference with acquittal.	13 December 1993
The Director of Public Prosecutions vs Johnson Kabuibire (Criminal Appeal No. 126 of 1989) [1993] TZCA 49 (3 December 1993) Whether an appellate court may overturn an acquittal where falsified pay‑in slips and consistent discrepancies show a theft modus operandi. * Criminal law – Theft from employer – employee entrusted with cash and cheques – discrepancies between cash receipts and bank deposits; * Documentary evidence – irregular/falsified pay‑in slips and cheque possession; * Appellate review – acquittal set aside where record supports District Court conviction; * Remedy – restoration of conviction, imprisonment and restitution.	3 December 1993
August 1993
Hassan s/o Hamisi vs Saida Rumanyika (Civil Appeal 43) [1993] TZCA 57 (30 August 1993) Appeals from Primary Court matters require a High Court certificate of a point of law; Court of Appeal cannot grant that itself. Appellate jurisdiction – Appeals from Primary Court proceedings – section 5(2)(c) Appellate Jurisdiction Act – High Court must certify existence of point of law before appeal to Court of Appeal; Court of Appeal cannot certify to itself; "leave to appeal" inapplicable to Primary Court origin matters; decision of single judge granting leave without High Court certificate null and void.	30 August 1993
Itika Ketta Mwakisambwe vs Mara Cooperative Union (1984) Ltd (Civil Appeal No. 24 of 1993) [1993] TZCA 134 (30 August 1993) Reported Labour Law - Summary dismissal- Jurisdiction of the courts in cases of summary dismissal- Security of Employment Act, Cap 574. Constitutional Law - Basic rights enshrined in the Constitution - The right to seek redress in court and ouster of court's jurisdiction - Section 28 of the Security of Employment Act and article 30 of the Constitution.	30 August 1993
Raza Somji vs Amina Sakum (Civil Appeal No. 45 of 1992) [1993] TZCA 56 (30 August 1993) An appellate court must not decide an unpleaded ground without giving the affected party a fair opportunity to be heard. * Civil procedure – appeal – raising and deciding issues not pleaded – Order 39 rule 2 – mandatory requirement to afford affected party opportunity to contest any ground raised by the court suo motu. * Contract – rescission – undue influence – court cannot uphold rescission on unpleaded ground without procedural fairness. * Remedies – specific performance – appellate review where primary finding is procedurally flawed. * Property – ownership of fixed deposit demonstrated by renewals and certificate; money to be restored to holder.	30 August 1993
Raza Somji vs Amina Salum (Civil Appeal No. 45 of 1992) [1993] TZCA 135 (30 August 1993) Reported Civil Practice and Procedure - Appeals - Memorandum of appeal -Memorandum of appeal makes no reference to undue influence and no leave of Court sought and obtained to argue the issue on appeal -Whether the Court may entertain the issue suo motu - Rights of the other party - Order 39 rule 2, Civil Procedure Code.	30 August 1993
Timothy Kaare vs Mara Cooperative Union (1984) Ltd. (Civil Appeal No. 42 of 1992) [1993] TZCA 157 (30 August 1993) Reported Subsidiary legislation - Staff Regulations for Cooperative Unions -Staff Regulations to apply for all cooperative unions in the country not yet made by the competent authority - Respondent union makes own staff regulations for itself - Whetherthe regulations made are valid -Sections 20(2)(c) and 165(2)(h) of the Cooperative Societies Act 1982 Human Rights - Basic rights and duties under the Constitution - The right to work - Whether the right to work imposes a duty to employ or to continue employing a person - Article 22 of the Constitution of the United Republic of Tanzania 1977	30 August 1993
Director of Public Prosecutions vs Ally Sheriff and Another (Criminal Appeal No. 90 of 1991) [1993] TZCA 110 (16 August 1993) Adjournment applications cannot be converted into no-case rulings; long delay and missing witnesses made retrial unjust. * Criminal procedure – adjournment application v. no case to answer – court must not treat adjournment request as s.293(1) prima facie determination. * Criminal procedure – s.293(1) requirements – necessity to hear prosecution and defence before finding no case to answer. * Criminal law – retrial discretion – exceptional circumstances (delay, deceased/untraceable witnesses, long remand) may render retrial unjust. * Appellate remedy – procedural irregularity does not automatically mandate retrial where injustice to accused would result.	16 August 1993
January 1993
Yusuf John vs Republic (Criminal Appeal No. 138 of 1993) [1993] TZCA 65 (1 January 1993) Conviction quashed where identification, linkage of recovered rope to stolen nets, and boat ownership were not proven by admissible evidence. * Criminal law — Robbery with violence — Identification evidence — Circumstances likely to impair accurate identification (fear, confusion) render identification unsafe. * Evidence — Recovery of items — Possession of rope with paint insufficient to prove it formed part of stolen property without clear linkage. * Evidence — Ownership of vehicle/boat — Alleged ownership must be established by admissible evidence (e.g., official registration witness). * Appellate review — First appellate judge must base conclusions on evidence, not assumptions; erroneous reasoning may vitiate conviction.	1 January 1993