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.
5 judgments

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5 judgments
Citation
Judgment date
October 2023
Nighttime identification and non-compliant cautioned statements were unsafe; convictions quashed and sentences set aside.
Criminal law – Identification evidence – Night-time visual identification – need for clear evidence of light source, intensity and duration to avoid mistaken identity. Criminal procedure – Cautioned statements – compliance with section 50 (four-hour rule), section 51 (extension/exclusion of time), section 57 (recording and certification duties) and section 58 of the CPA – non-compliance vitiates statements. Appeal – Appellate re-evaluation of credibility and consistency where sole identification and confessions are central.
25 October 2023
Thirty-year sentence for attempted murder reduced to ten years after trial court failed to consider mitigating factors and remand time.
Criminal law – Attempted murder – Sentencing discretion – Guilty plea and extra-judicial confessions as mitigating factors – Consideration of time spent on remand – Appellate interference where trial court overlooks material mitigation.
23 October 2023
Failure to comply with committal and evidential formalities rendered key exhibits inadmissible, leading to quashing of conviction.
Criminal procedure – committal proceedings – requirement to list and read over witness statements/documents (s246 CPA) – failure to comply bars tendering at trial; Evidence Act s34B(2) – statements by absent witnesses must be read over and signed by maker and recorder; cautioned statements – compliance with s50(1)(a) time limits for interview and necessity for explanation/extension of time; inadmissible exhibits may be expunged and may warrant acquittal if they are essential to conviction.
23 October 2023
Failure to swear witnesses at the CMA vitiated the proceedings, requiring rehearing before another arbitrator.
Labour law – CMA proceedings – duty to administer oath/affirmation – Oaths and Statutory Declarations Act (Cap 34) and GN. No. 67/2007 (rule 25(1) and rule 19(2)(a)). Evidence – unsworn witness testimony – unsworn evidence amounts to no evidence and vitiates proceedings. Procedural irregularity – failure to comply with mandatory procedure – nullification of award and remittal for rehearing. Precedent – Tanzania Distillers decision distinguished; post‑Distillers authorities discount unsworn evidence.
19 October 2023
Visual ID, defective identification parade and unlawfully recorded cautioned statement rendered the murder convictions unsafe.
Criminal procedure — Visual identification — Witnesses under stress at night; requirement for watertight identification (Waziri guidelines) — failure to show light intensity, early naming and consistency renders identification unsafe. Identification parade — of little value where witnesses know suspects and no prior descriptive record; noncompliance with Police General Orders invalidates parade evidence. Cautioned statement — must be recorded within statutory time and with proper custody chronology; failure to call arresting officer and recording outside time renders statement inadmissible. Retrial — not ordered where prosecution’s case is fragmented and a retrial would allow filling of evidential gaps rather than correcting mere procedural defects.
18 October 2023