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.
14 judgments

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14 judgments
Citation
Judgment date
May 2008
Proceedings before a magistrate sitting in the High Court without a transfer order are a nullity; trial must resume post-preliminary hearing.
Criminal procedure – Jurisdiction – Transfer under section 256A(1) Criminal Procedure Act – Order of transfer must be made by the High Court before plea taking/preliminary hearing – Proceedings by magistrate without transfer are nullity.
2 May 2008
An appeal based on a decree dated contrary to the judgment date is incompetent and will be struck out with costs.
Civil procedure – Appeal competence – Mandatory requirement that decree bear judgment date (Order XX, r.7 CPC) – Decree dated otherwise is incurably defective – Record of appeal must include valid decree (Rule 89(1) Court of Appeal Rules) – Duty of appellant’s counsel to verify and correct defective record – Costs following failure to rectify.
2 May 2008
Stay of execution application struck out for procedural non‑compliance (no citation of law and no decree annexed).
Civil procedure – stay of execution – procedural requirements for notice of motion – necessity to cite enabling law or rule – necessity to annex decree sought to be stayed; revisional jurisdiction – exercise suo motu vs leave to appeal; substitution of deceased party under Rule 54(2).
2 May 2008
April 2008
Reported
Applicant filed revision instead of appeal; defective jurat invalidated affidavit; appeal dismissed.
* Criminal procedure – appeal or revision – section 359(1) Criminal Procedure Act – dissatisfied subordinate-court litigant must appeal to the High Court, not seek revision as of right. * Procedure – affidavits – jurat must state place and bear Commissioner for Oaths’ signature – section 8 Notaries Public and Commissioners for Oaths Act – non-compliance renders affidavit invalid. * Rights of accused – failure to inform right to appeal or to mitigate – remedy is application for extension of time to file appeal.
25 April 2008
Applicant’s identification and possession of stolen property proved armed robbery; appeal dismissed.
* Criminal law – Armed robbery – Identification evidence – victim’s recognition of a known watchman – reliability of identification. * Criminal law – Possession of recently stolen property – evidential significance and failure to explain. * Appeal – Concurrent findings of fact – appellate interference.
25 April 2008
An aggrieved subordinate-court litigant must appeal under s359; a defective jurat under s8 invalidates the supporting affidavit.
* Criminal procedure – appeal vs revision – section 359(1) Criminal Procedure Act requires appeals to the High Court from subordinate courts; revision is not a substitute. * Evidence/Procedure – affidavits – mandatory jurat requirements under section 8 of the Notaries Public and Commissioners for Oaths Act; absence of place and commissioner’s signature renders affidavit invalid. * Procedural fairness – failure to inform accused of right to appeal or to permit mitigation may justify extension of time to appeal but does not validate misfiled revision.
24 April 2008
Reported
Owner's failure to testify and contradictions in witness evidence undermined conviction for robbery.
* Criminal law – robbery and theft – proof of ownership – necessity for owner to testify when charge alleges property belongs to identified person. * Criminal law – identification – reliability affected by material contradictions among prosecution witnesses. * Criminal law – common intention – inapplicable where essential elements of theft are not proved. * Criminal procedure – second appeal – interference permitted where misdirection, nondirection or miscarriage of justice apparent.
24 April 2008
Absence of the alleged owner’s testimony and contradictory identification evidence warranted quashing the armed robbery conviction.
* Criminal law – Armed robbery – identification evidence – contradictions in prosecution witnesses affecting reliability of identification. * Criminal law – Theft/robbery – requirement for owner to give evidence to establish ownership of stolen property. * Criminal procedure – Second appeal – scope to re‑examine evidence where misdirections or miscarriage of justice alleged.
24 April 2008
The appellant's convictions were quashed because night‑time identification evidence lacked detail, was contradictory and therefore unsafe.
Criminal law – Identification evidence; night‑time identification – necessity to prove source and intensity of light, proximity and duration of observation; contradictions and delay in arrest undermine reliability; appellate re‑evaluation where lower courts misapplied identification principles.
22 April 2008
Reported
Trial judge relied on extraneous societal factor and failed to weigh mitigation; sentence reduced to allow appellant's release.
* Criminal law – Manslaughter – sentencing – improper consideration of extraneous societal factors (prevalence of wife-beating) – appellate interference. * Sentencing – mitigation – plea of guilty, remorse and prolonged remand custody as grounds for leniency. * Appeal – interference with sentence where trial court relied on matters not supported by record and failed to weigh mitigating factors appropriately.
22 April 2008
Conviction quashed: identification and recent-possession evidence unreliable; denial of right to call a witness occasioned injustice.
* Criminal law – Identification evidence – visual and non-visual identification; reliability and contradictions. * Criminal law – Recent possession doctrine – requirements for constructive/actual possession and evidential basis. * Criminal procedure – Right to call witnesses – denial as miscarriage of justice and effect on retrial. * Appeals – Disturbing concurrent findings of fact where misappreciation of evidence causes unsafe conviction.
21 April 2008
Reported
Whether nighttime identification and witness contradictions created reasonable doubt requiring quashing of conviction.
Criminal law – Visual identification – Reliability of identification at night – Waziri Amani guidelines – Contradictions in witness evidence – Reasonable doubt – Appeal resulting in quashing of conviction for armed robbery.
21 April 2008
Reported
The appellate court reduced a ten-year manslaughter sentence after finding extraneous sentencing factors and insufficient mitigation consideration.
Criminal law – Manslaughter – Sentencing – Improper consideration of extraneous societal prevalence of an offence – Mitigation – Guilty plea and time on remand as grounds for leniency – Appellate interference to reduce sentence.
19 April 2008
January 2008
1 January 2008