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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
146 judgments

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146 judgments
Citation
Judgment date
December 2024
A criminal trial conducted by a court lacking proper jurisdiction due to a DPP’s certificate is a nullity and must be set aside.
Criminal procedure – economic offences – jurisdiction – requirement of DPP's certificate – trial conducted by wrong court – nullity of proceedings – mandatory observance of jurisdictional requirements in criminal trials involving economic offences.
27 December 2024
Section 160(2) LMA does not allow division of property after cohabitation where presumption of marriage is rebutted due to an existing monogamous marriage.
Family law – cohabitation – presumption of marriage – division of property – section 160(2) of the Law of Marriage Act – inapplicability where one party already in monogamous marriage – remedies available through civil claim for contributions, not matrimonial law.
23 December 2024
The appellate court quashed a conviction for rape due to unreliable evidence and material inconsistencies in the prosecution case.
Criminal law – rape – credibility of prosecution witnesses – standard of proof – inconsistencies in prosecution case – assessment of victim's evidence in sexual offence – appellate intervention on concurrent factual findings.
23 December 2024
Ignorance of the law and failure to account for each day of delay do not justify extension of time for revision.
Labour law – extension of time – sufficient cause for delay – accounting for each day of delay – ignorance of law – illegality not raised in the affidavit – dismissal of appeal.
19 December 2024
A conviction for impregnating a schoolgirl was quashed due to unreliable evidence and failure to prove the offence beyond reasonable doubt.
Criminal law – Standard of proof – impregnating a schoolgirl – credibility and reliability of witness testimony – failure to call material witnesses – adverse inference – quashing of conviction on failure to prove case beyond reasonable doubt.
19 December 2024
Failure to comply with committal procedures and admit only properly listed witnesses rendered murder conviction unsafe and appeal successful.
Criminal procedure – committal proceedings – admissibility of unlisted witnesses and exhibits – functus officio – identification evidence – reliability of single witness – standard of proof in criminal cases – fair trial rights.
18 December 2024
Convictions quashed where key evidence was improperly admitted and fair trial procedures were not followed, rendering the prosecution case unproven.
Criminal law – Doctrine of recent possession – Procedural fairness – Admission of exhibits – Section 34B Evidence Act – Non-compliance with committal and notice requirements – Exclusion of tainted evidence – Burden of proof – Right to fair trial.
18 December 2024
A claim for royalties must be strictly proved as to production from specific areas, and burden of proof rests with the claimant.
Contract—Interpretation—Royalties for gold production—Burden of proof—Time bar—Evidence—Civil procedure—Contractual freedom—Limitation periods—Contra proferentem—Proof of special damages—Burden not to be shifted by court—Dismissal for lack of proof.
18 December 2024
Appeal against incest convictions dismissed; credibility of child witnesses and proper evaluation of defence and evidence upheld.
Criminal law – incest – credibility of child witnesses – evaluation of contradictions in evidence – proper analysis of defence evidence – effect of failure to read out documentary exhibits – appellate review of concurrent findings.
12 December 2024
Procedural irregularities and alleged defects did not invalidate a statutory rape conviction upheld on credible evidence and fair trial principles.
Criminal procedure – statutory rape – procedural irregularities at preliminary hearing – defective charge sheet – delay in arraignment – proof of age of victim – expunging cautioned statement – sufficiency of evidence – non-calling of material witnesses – effect of procedural irregularities on conviction
11 December 2024
Failure to obtain a Marriage Conciliation Board certificate before filing for divorce renders all court proceedings and orders null.
Family law – Divorce – Mandatory reference to Marriage Conciliation Board – Failure to obtain certificate before filing petition – Jurisdiction of Primary Court – Nullity of proceedings for non-compliance with statutory preconditions.
10 December 2024
Court upholds murder conviction, finding cautioned statement and oral confession rightly admitted despite minor procedural irregularity.
Criminal law – Murder – Admissibility of cautioned statement recorded out of time – Proper exercise of judicial discretion under section 169 of the Criminal Procedure Act – Voluntariness and reliability of oral confession – Conviction based on confession evidence.
10 December 2024
The court held that reinstatement and compensation for unfair termination cannot be awarded together, but only as alternatives.
Labour law – Appeals to Court of Appeal – Points of law only – Section 57 Labour Institution Act – Procedural regularity in CMA proceedings – Remedies for unfair termination – Section 40(1) ELRA – Disjunctive application of reinstatement or compensation.
10 December 2024
Failure to tender a Marriage Conciliation Board certificate renders matrimonial proceedings a nullity due to lack of jurisdiction.
Family law – Matrimonial proceedings – Jurisdiction – Mandatory requirement to refer dispute to Marriage Conciliation Board and tender certificate – Failure to comply – Proceedings and judgments set aside as nullities.
10 December 2024
Conviction quashed as prosecution failed to comply with admissibility rules for deceased witness evidence, leaving insufficient proof.
Criminal law – Procedural irregularity – Admission of deceased witness statement under section 34B(2) of the Evidence Act – Requirements for admissibility – Reliance on retracted confession – Sufficiency of evidence – Proof beyond reasonable doubt.
10 December 2024
An appellate court must nullify lower court proceedings before ordering a retrial, or the entire process is a nullity.
Civil procedure – appellate court orders – retrial – requirement to first nullify, quash, and set aside lower court proceedings – procedural irregularity – nullity of retrial without proper orders.
10 December 2024
Minor contradictions and delayed reporting in rape cases do not undermine credible and corroborated prosecution evidence.
Criminal law – Rape – Credibility of victim witness – Minor contradictions – Delay in reporting – Number of witnesses – Burden of proof in sexual offences – Appellate review.
10 December 2024
The appellate court upheld the rape conviction and life sentence, finding no procedural flaws or evidential errors warranting interference.
Criminal Law – Rape – Evidence by a child of tender years – Requirements of section 127(2) of the Evidence Act – Preliminary hearing non-compliance with section 192 of the CPA – Defence of impotence – Admissibility of oral confession to civilians – Proof beyond reasonable doubt – Credibility of witness testimony – Enhancement of sentence for rape of child under ten.
10 December 2024
Conviction quashed where confessional statements were inadmissible and prosecution failed to prove the case beyond reasonable doubt.
Criminal law – evidence – confession – admissibility – cautioned statement – extra-judicial statement – procedure for recording confessions – Chief Justice’s Guidelines – circumstantial evidence – standard of proof in criminal cases – appellate review – murder conviction.
10 December 2024
Conviction quashed and appellant released after trial nullified for improper substitution of assessors during proceedings.
Criminal procedure – trial with assessors – substitution of assessors during trial – trial nullity resulting from assessors not hearing all the evidence – effect of procedural irregularities – retrial not ordered where evidence insufficient
6 December 2024
A murder conviction reversed due to failure to conduct a trial within trial on a disputed confessional statement.
Criminal law – Confession – Voluntariness – Necessity of trial within trial where voluntariness is challenged – Procedural irregularity – Effect of excluding confession where no other evidence exists.
5 December 2024
Failure to conduct proper committal proceedings rendered the High Court murder trial and convictions null and void.
Criminal procedure – Murder trial – Committal proceedings – Jurisdiction of trial court – Functus officio – Nullity of proceedings in absence of proper committal – Quashing of conviction and remittal for proper committal proceedings.
4 December 2024
Conviction quashed due to unreliable identification and procedural improprieties in admitting evidence at trial.
Criminal Law – Murder – Identification evidence – Visual and voice identification – Admissibility of witness testimony and exhibits – Procedural irregularities – Sufficiency of evidence for conviction.
4 December 2024
Conviction quashed where key evidence was admitted improperly and remaining evidence failed to prove guilt beyond reasonable doubt.
Criminal procedure – admission of evidence – trial court's duty to give reasons for admitting contested exhibits – impact of procedural irregularities on fair trial – sufficiency of 'last seen doctrine' evidence to sustain conviction.
4 December 2024
Conviction quashed due to reliance on prosecution witnesses not properly listed or disclosed at committal, violating procedural law.
Criminal procedure – committal proceedings – requirement to list and read statements of prospective prosecution witnesses – mandatory compliance with sections 246(2), 247, and 289(1) of the Criminal Procedure Act – effect of calling unlisted witnesses without notice – unfair trial – sufficiency of remaining evidence after expunction – standard of proof beyond reasonable doubt.
3 December 2024
November 2024
A conviction for murder was upheld where circumstantial evidence and primary witness testimony established guilt beyond reasonable doubt.
Criminal Law – Murder – Circumstantial evidence – Quality versus quantity of prosecution witnesses – Reliance on primary witness testimony – Burden and standard of proof – Failure to cross-examine – Alibi defence – Proof beyond reasonable doubt.
29 November 2024
Procedural irregularities and lack of corroborative evidence rendered the appellant's murder conviction unsafe and led to acquittal.
Criminal law – Murder – Admission of evidence and exhibits – Compliance with procedural requirements under CPA and Evidence Act – Last seen doctrine – Requirement for corroboration – Effect of procedural irregularities on conviction.
29 November 2024
October 2024
Appeal on murder convictions dismissed except for sentence adjustment for a child offender; confessions, forensic, and circumstantial evidence upheld.
Criminal law—murder—child offender—proper sentencing upon conviction; Criminal procedure—admissibility of forensic, search and tracking dog evidence—confessional and extrajudicial statements—doctrine of recent possession—burden and standard of proof—circumstantial evidence; Fair trial rights—procedural compliance and remedies.
7 October 2024
August 2024
Failure to address all grounds of appeal constitutes denial of fair hearing and renders the judgment a nullity.
Criminal procedure – Appeal – Failure by first appellate court to address all grounds of appeal – Right to fair hearing – Nullification of proceedings and remittal for proper consideration.
30 August 2024
Proceedings and orders in a family land dispute were quashed due to tribunal overreach and lack of standing by appellants.
Civil Procedure – Jurisdiction – District Land and Housing Tribunal exceeding its mandate by determining will validity and paternity – Insufficient description of property and cause of action – Locus standi – Effect of procedural irregularities and lack of standing on the validity of proceedings – Orders quashed ab initio.
21 August 2024
Convictions based solely on improperly admitted confessional statements were quashed due to procedural violations under the Criminal Procedure Act.
Criminal procedure – Admissibility of confessional statements – Non-compliance with statutory safeguards under the CPA – Requirement of corroboration – Consequences of procedural errors in recording and admitting confessions – Effect of improper tendering and certification of evidence.
21 August 2024
A court may review its judgment for patent errors, and a successor judge may preside over such a review in labour matters.
Labour law – review of judgments – error apparent on the face of the record – jurisdiction of successor judge to hear review – transport allowance not pleaded, grounds for review under Labour Court Rules.
21 August 2024
Conviction quashed as burglary charge was inapplicable to non-dwelling premises and charge was not amended to fit evidence.
Criminal law – defective charge – burglary under Penal Code section 294 – scope limited to human dwellings – variance between charge and evidence – duty to amend charge – quashing conviction and forfeiture upon defective charge.
21 August 2024
High Court judgment nullified for failing to consider all grounds of appeal, denying the appellant a fair hearing.
Criminal procedure – Appeal – Obligations of first appellate court – Requirement to analyze and determine each ground of appeal – Section 312(1) of the Criminal Procedure Act – Right to fair hearing – Nullification of proceedings for failure to address all grounds of appeal.
21 August 2024
A criminal conviction for obtaining money by false pretence was upheld where evidence established deceptive intent beyond a civil dispute.
Criminal law – obtaining money by false pretence – appellate court's power to reverse acquittal and convict – distinguishing civil and criminal liability – sufficiency of evidence – compensation for victims of crime.
21 August 2024
Court varied a life sentence to 30 years’ imprisonment for unnatural offence due to lack of proof of victim’s age below 18.
Criminal law – unnatural offence – proof of penetration – sufficiency of evidence – sentencing under Penal Code s.154(1)(a) and (2) – effect of failure to prove victim’s age – appellate review – slips of the pen.
20 August 2024
Court clarified procedures for child testimony and recognition in sexual offence cases, upholding life sentence for the appellant.
Criminal law – Unnatural offence – Evidence of child witnesses – Application of section 127(2) of the Evidence Act – Admission and exclusion of documentary evidence – Hearsay evidence – Recognition versus identification in criminal cases – Evaluation of concurrent findings of lower courts.
20 August 2024
An appeal was remitted for filing of a supplementary record to ensure all key pleadings and arbitration notices were included.
Civil procedure – record of appeal – necessity to include relevant pleadings and arbitration notices for complete record – Rule 96(1)(c) and (k) of the Tanzania Court of Appeal Rules – supplementary record of appeal – procedural remedies for incomplete record.
20 August 2024
The appeal against conviction for statutory rape was dismissed as the evidence was found credible and alleged procedural irregularities were unfounded.
Criminal law – statutory rape – credibility of witnesses – medical evidence discrepancies – procedural irregularities – limitation on new grounds of appeal.
20 August 2024
Conviction quashed as confession was improperly admitted and recent possession was not sufficiently established to support guilt.
Criminal law – Murder – Evidence – Admissibility of confession – Procedural irregularities in admission and recording of cautioned statement – Doctrine of recent possession – Proof of ownership and possession of stolen property – Fair trial rights – Quashing of conviction due to evidentiary and procedural defects.
20 August 2024
An appellate court cannot convict on a count for which the trial court acquitted and no appeal exists, but rape conviction upheld.
Criminal law – Rape – sufficiency of victim's evidence – appellate court’s jurisdiction to convict on acquitted count absent prosecution appeal – sentencing practice where multiple offences arise from the same transaction – powers of the High Court under the Criminal Procedure Act – evaluation of evidence by appellate courts.
20 August 2024
A matrimonial petition cannot proceed in court without a Conciliation Board certificate absent specific statutory exceptions.
Family law – Matrimonial dispute – Jurisdiction – Whether issuance of certificate by Conciliation Board is a strict precondition to court proceedings – Interpretation of statutory exceptions to prior reference to Board – Effect of missing certificate on proceedings and judgments.
19 August 2024
Premature pronouncement of guilt in a ruling on case to answer vitiates subsequent proceedings and denies a fair trial.
Criminal procedure – ruling on case to answer – fair trial – premature pronouncement of guilt – nullification of proceedings – requirement for neutral prima facie determination before defense is called.
19 August 2024
A conviction for armed robbery was quashed due to the prosecution’s failure to prove the charged offence beyond reasonable doubt.
Criminal law – armed robbery – variance between charge and evidence – proof beyond reasonable doubt – misapprehension of evidence – failure to amend charge – effect of prejudicial error – assault causing actual bodily harm distinguished from armed robbery.
19 August 2024
A purported rescission and resale of property were declared unlawful where the buyer was not in breach of the sale agreement.
Contract law – Sale of land – Installment payments – Whether time is of the essence – Rescission of contract – Validity of resale – Title to property – General damages for breach of contract.
19 August 2024
Conviction quashed where crucial evidence was improperly admitted and remaining testimony was insufficient to prove guilt.
Criminal Procedure—admissibility of evidence—procedural requirements for admission of dying declaration and witness testimony at trial—hearsay evidence—proof beyond reasonable doubt—murder—conviction quashed for want of proper evidence.
16 August 2024
Failure to administer oath or affirmation to witnesses at arbitration renders the proceedings null and void, requiring rehearing.
Labour law – Arbitration proceedings – Evidence – Requirement for witnesses to testify under oath or affirmation – Non-compliance renders proceedings a nullity – Labour Institutions (Mediation and Arbitration Guidelines) Rules, 2007 interpreted.
16 August 2024
Conviction based solely on an uncorroborated and procedurally defective confession cannot stand in a murder trial.
Criminal procedure – conviction on uncorroborated and repudiated confession – cautioned statements – admissibility – procedural irregularities – failure to call material witnesses – weight of assessors’ opinions.
16 August 2024
Voire-dire is no longer necessary for child witnesses in sexual offences; credible victim testimony alone can sustain conviction.
Criminal law – Rape – Evidence of child witness – Voire-dire no longer required after 2016 amendment – Promise to tell truth sufficient – Statutory rape – Proof of age and penetration – No requirement for corroboration in sexual offences – Appeal dismissed.
16 August 2024
Allowing an appeal on unfair termination, the court held that continued employment after a fixed-term contract’s expiry may constitute renewal by default.
Employment law – Fixed-term contract – Renewal by default – Legitimate expectation of contract renewal – Unfair termination – Remedies for unlawful non-renewal of contract – Rule 4 of the Employment and Labour Relations (Code of Good Practice) Rules, 2007.
16 August 2024