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.
3 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
November 1995
Absence of a statutory certificate on a cautioned statement is not automatically fatal; voluntariness must be determined and conviction was otherwise supported.
* Evidence — Cautioned statement — Requirement of statutory certificate (s.57(3)) — Absence not automatically fatal; challenge requires trial-within-trial to determine voluntariness. * Criminal law — Defences of intoxication and provocation — Rejection where eyewitness testimony and post-offence conduct show capacity and deliberate action. * Murder — Intent inferred from targeted, forceful blows causing skull fracture.
23 November 1995
Appeal dismissed for raising a limitation point for the first time on appeal and failing to obtain required High Court leave.
Appeal procedure – limitation point raised for first time on appeal – Court of Appeal not to decide issues not raised below; Appellate Jurisdiction Act s.5(1)(c) – requirement of leave from High Court for certain appeals – non-obtaining leave renders appeal incompetent.
6 November 1995
August 1995
Appeal struck out for incomplete record; sale and title obtained by fraud and tax‑evasion are void.
* Civil procedure – Appeal record completeness – Rule 89(1)(h) – omission of order appealed against – appeal struck out under rule 3. * Land/title – Certificate of Right of Occupancy issued in sole name – fraudulently obtained – deprives co‑owner. * Contract law – Sale agreement colluding to understate price to evade tax – illegality/fraud on the revenue – contract void ab initio. * Evidence/Stamp Duty – Unstamped sale documents inadmissible absent payment of stamp duty.
3 August 1995