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.
7 judgments

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7 judgments
Citation
Judgment date
December 1996
Appeal against sentence dismissed; post-sentence ill health does not justify s337(1) probation relief absent circumstances at sentencing.
Criminal procedure – Sentencing – Application of section 337(1) Criminal Procedure Act – probation and bonds – post-sentence deterioration in health cannot be relied upon as a circumstance for probation at the time of sentencing; Manslaughter aggravated by torture – appellate interference with sentence declined.
23 December 1996

Civil Practice and Procedure - Appeals- Rule 52( 1) - Mandatory to serve respondent as a necessary party - Failure to comply with Rule. Civil Practice and Procedure - Appeals - Rules 43 and 44 — Rules envisaging valid and competent applications only.

6 December 1996
Extension of time refused where applicants failed to show sufficient cause for two‑year delay in prosecuting appeal.
Civil procedure — extension of time to file memorandum of appeal — requirement to show sufficient cause — Rule 83 Court of Appeal Rules — registry delay, advocate’s indisposition and unproven payments not accepted as sufficient cause — appeal deemed withdrawn under applicable rules.
2 December 1996
Applicant failed to show a recognized ground for the Court of Appeal to review its prior judgment; application dismissed with costs.
* Civil procedure — Review of Court of Appeal judgments — Limited inherent jurisdiction to review only where there is a manifest error on the face of the record, denial of hearing, slip rule error, or fraud.
2 December 1996
November 1996
Procedural lapses in assessor recordation were harmless; eyewitness identification was reliable, so conviction and death sentence affirmed.
* Criminal procedure – Trials in High Court with assessors – Requirement to permit assessors to question witnesses – improper recordation of assessors' contributions but harmless irregularity. * Evidence – Identification – Reliability of eyewitness identification where victims are familiar with accused, supported by corroboration and circumstances. * Delay in arrest – Delay between identification and formal arrest does not automatically vitiate identification evidence.
22 November 1996
January 1996
Appellants’ firearms‑possession convictions upheld on joint discovery; robbery convictions quashed where identification of stolen goods was inadequate.
Criminal law – robbery with violence – identification of stolen property – recent possession doctrine; Credibility of Sungu Sungu witnesses and joint possession of recovered firearms; Double jeopardy/duplication of charges where related appeals dispose of intervening matters; Procedural competency of appeal (requirement to file memorandum of appeal).
1 January 1996
1 January 1996