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.
2 judgments

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2 judgments
Citation
Judgment date
August 2004
An insanity defence cannot be raised for the first time on appeal without trial evidence suggesting possible insanity.
Criminal law – Insanity – Section 220(1) Criminal Procedure Act, 1985 – court may order medical examination only where trial material reasonably suggests accused might have been insane. Criminal law – Presumption of sanity – Section 12 Penal Code – burden on accused to prove insanity on balance of probabilities. Criminal law – Intent – intention may be inferred from conduct; motive not essential to murder conviction. Procedure – Raising new defences on appeal – not permitted absent supporting trial record.
6 August 2004
Court set aside a 15-year manslaughter sentence as manifestly excessive given provocation, youth and other mitigating factors.
Sentencing — manifestly excessive sentence; mitigation — youth, first offender, remorse, time in remand; provocation/aggression by deceased; appellate interference after guilty plea.
4 August 2004