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.
2,252 judgments

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2,252 judgments
Citation
Judgment date
July 2025
Appeal dismissed as court upholds compliance with procedural requirements in a case of rape involving purported witchcraft.
Criminal law – Rape case appeal – Compliance with evidence recording procedures – Variance in victim's identification – Cautioned statement procedure under the CPA.
29 July 2025
Court upheld a rape conviction based on credible witness and medical evidence despite inadmissible testimony from child victim.
Criminal law - rape - admissibility of child testimony - procedural requirements for unsworn evidence of a child
29 July 2025
Appeal against murder conviction dismissed; cautioned statement and circumstantial evidence prove guilt beyond reasonable doubt.

Criminal Law – murder – admissibility of cautioned statement – procedural requirements under the Criminal Procedure Act – circumstantial evidence in criminal conviction.

29 July 2025
The court quashed a conviction due to unreliable evidence and misjudged credibility of a minor's testimony.
Criminal law - Incest conviction - Evidence credibility and delay in reporting - Reasonable doubt and defense effectiveness.
28 July 2025
Court upholds murder conviction based on detailed confession despite procedural lapses in evidence handling.
Criminal Procedure - Admissibility of extrajudicial statements - Procedural requirements for postmortem reports in murder trials.
28 July 2025
June 2025
The court addressed unfair employment termination, modifying relief to avoid double compensation.
Labour Law – unfair termination – procedural and substantive fairness – redundant compensation in employment disputes
11 June 2025
The appeal disputing a loan set-off with government aid lacked merit and was dismissed.
Contract Law – loan agreements – use of rescue package to offset debts – control of sales proceeds under Collateral Management Agreement – acknowledgment letter and consent to set-off.
11 June 2025
May 2025
The appeal against convictions for sexual offences involving a minor was dismissed, affirming procedural and evidentiary rulings.
Criminal Law - Identification procedures - Necessity of identification parade when appellant is a known person; Evidence - Proof of victim's age through medical testimony; Criminal Procedure - Effect of procedural omission in recording charge amendments.
30 May 2025
Conviction for rape overturned due to contradictions in key witness testimonies undermining reliable identification.
Criminal Law – Rape – Evidentiary contradictions – Credibility of witnesses – Appeal against conviction on grounds of unreliable prosecution evidence.
30 May 2025
The court quashed a rape conviction based on unreliable victim testimony and unlawfully obtained statement.
Criminal Law – Rape – Credibility of victim's testimony – Legality of cautioned statements under section 50 of the Criminal Procedure Act.
30 May 2025
The appellant's murder conviction is overturned due to unreliable circumstantial evidence and mishandling of the insanity defense.
Criminal Law – murder – circumstantial evidence – insanity defense – admissibility and reliability of medical evidence.
29 May 2025
The court quashed a murder conviction due to improper recording of cautioned and extra judicial statements.
Criminal law - Cautioned statement - Recorded out of time - Extra judicial statement - Authentication issues - Conviction quashed.
29 May 2025

Criminal law - Murder- Spent cartridges, sub-machine gun found 3 to 4 paces from dead body - Whether accidental killing. Criminal Practice and Procedure - Preliminary hearing - Contents of memorandum not read and explained to accused - Effect - Section 19213) ofthe Criminal Procedure Act

29 May 2025
The appeal, challenging conviction for rape of a child, was dismissed affirming procedural compliance and sufficient proof beyond reasonable doubt.
Criminal Law - Rape - Evidence of child victim received without oath - Importance of corroborative evidence - Compliance with procedural provisions.
29 May 2025
The conviction was overturned due to unreliable witness identification and insufficient corroborating evidence.
Criminal Law – Murder – Identification Evidence – Reliability of witness identification – Absence of corroborative evidence
29 May 2025
The appeal against a rape conviction was dismissed, affirming the sufficiency of the identification and procedural processes.
Criminal Law – Rape – Elements of rape – Identification of perpetrator – Procedural compliance with charge sheets.
29 May 2025
Appeal allowed due to unreliable identification evidence and insufficient proof beyond reasonable doubt.
Criminal Law—Armed robbery—Identification by recognition—Credibility of witness—Delayed reporting affecting conviction—Case proved beyond reasonable doubt.
29 May 2025
The court quashes robbery convictions due to procedural errors infringing on the right to a fair trial.
Criminal law – armed robbery – procedural irregularity due to noncompliance with Criminal Procedure Act – fair trial right affected.
29 May 2025
Court upholds compensation for unfair termination due to excess management presence in disciplinary proceedings.
Employment Law - Procedural fairness in termination - procedural irregularity - cross-examination and representation rights.
29 May 2025
Court allowed appeal quashing appellant's murder conviction due to unreliable identification and insufficient circumstantial evidence.
Criminal Law - Murder - Identification evidence in stressful conditions - Circumstantial evidence insubstantial to prove guilt.
29 May 2025
Court of Appeal quashes summary judgment for procedural errors and unaddressed triable issues, remanding case for defense.
Civil Procedure – Summary judgments – Application for leave to defend – Triable issues – Proper procedure for summary suit judgments.
28 May 2025
Court dismisses appeal challenging separate counts and principal-agent necessity in bribery conviction.
Criminal Law – corruption – soliciting and receiving bribes – distinct offenses requiring separate counts – principal-agent relationship not applicable.
28 May 2025
The appellant's conviction overturned due to procedural irregularities and insufficient evidence for murder and possession crimes.
Criminal Law - Admissibility of witness testimony - Compliance with procedural requirements - Doctrine of recent possession - Proving ownership of recovered property.
28 May 2025
The appellant's conviction for statutory rape was upheld, despite procedural errors, based on credible evidence and proper legal standards.
Criminal law – Statutory rape – Establishing victim's age – Admissibility of evidence – Variance in charge particulars
28 May 2025
The appeal court upheld the High Court's decision denying extension of time due to insufficient cause for delay.
Criminal procedure - Extension of time - 'Good cause' for delay - Prisoner status and transfer allegations.
27 May 2025
Court affirms statutory rape conviction and additional corporal punishment; procedural errors during preliminary hearing deemed non-prejudicial.
Criminal appeal, statutory rape, imposition of corporal punishment, preliminary hearing irregularity, proof beyond reasonable doubt.
27 May 2025
Conviction overturned due to insufficient circumstantial evidence and failure to prove mens rea in murder case.
Criminal Law – Murder – Circumstantial evidence – Burden of proof – Insufficiency of evidence – Mens rea.
27 May 2025
Appeal allowed due to unreliable witness testimony and improper reliance on accomplice's statement, failing to prove guilt beyond reasonable doubt.
Criminal Law - Robbery - Credibility of Witnesses - Cautioned Statements - Identification Reliability - Burden of Proof
26 May 2025
Appeal allowed due to variance in charges, broken chain of custody, and improper identification in an armed robbery case.
Criminal Law – Armed Robbery – Variance between charge and evidence – Chain of custody – Identification under inadequate lighting – Burden of proof.
26 May 2025
The appellant's conviction for incest was upheld, rejecting his defense of a fabricated case.
Criminal Law – Incest – Definition and proof – Framed-up defense claims – Unraised defense during trial – Conviction based on witness testimony and admission.
26 May 2025
Expunging an unlisted witness's evidence left insufficient grounds for a murder conviction.
Criminal Law – Murder – Admissibility of witness evidence not listed at committal proceedings – Sufficiency of circumstantial evidence for conviction.
23 May 2025
The court quashes the conviction for lack of corroborative evidence in a statutory rape case.
Criminal Law – Appeal – Jurisdiction of magistrate with extended jurisdiction – Compliance with Evidence Act – Corroboration in statutory rape cases.
23 May 2025
Appeal dismissed as robust evidence firmly established the appellant's guilt for rape and unnatural offence.
Criminal Law – Rape and unnatural offence – Charge sheet requirements regarding time – Victim identification and recognition in sexual offences – Evidential sufficiency and proof beyond reasonable doubt.
23 May 2025
Appellant's conviction quashed due to unreliable identification and failure to disprove alibi, resulting in release.
Criminal law – Visual identification – Reliability of witness identification – Failure to adequately investigate involvement – Alibi not disproven – Irregular identification parade.
23 May 2025
The appeal was dismissed as evidence proved statutory rape beyond reasonable doubt despite procedural errors in admitting statements.
Criminal law - Statutory rape - sufficiency and reliability of evidence - corroboration of victim's testimony - procedural errors in admitting confessions
23 May 2025
The appeal was struck out as incompetent for failure to serve necessary documents, rendering it time-barred.
Civil procedure – appeal – competency – failure to serve notice of appeal and request letter for certified proceedings – implications.
23 May 2025
The appellant's conviction for murder was overturned due to procedural errors in recording a cautioned statement.
Criminal law – admissibility of cautioned statements – procedural compliance under Criminal Procedure Act sections 57 and 58 – admissibility and verification requirements.
22 May 2025
Court overturns statutory rape conviction due to procedural errors and insufficient evidence of victim's age.
Criminal law – statutory rape – proving the age of the victim – procedural validity of cautioned statements under Criminal Procedure Act
21 May 2025
Prosecution's insufficient evidence leads to the quashing of convictions for armed robbery and gang rape.
Criminal law – armed robbery and gang rape – sufficiency of evidence – visual identification – witness credibility – evidence chain and custody.
21 May 2025
Appellant's conviction overturned due to unreliable identification and insufficient evidence in statutory rape case.
Criminal law – statutory rape – positive identification – un-reliability of dock identification without proper identification parade.
21 May 2025
Charge sheet defects and variance with evidence led to quashed conviction and release of appellant.
Criminal Law - Unnatural offence - Charge sheet defects - Variance between charge and evidence - Sentence enhancement validity without specifying victim's age.
20 May 2025
The appellant's conviction for statutory rape was upheld despite procedural challenges regarding evidence authenticity.
Criminal law - statutory rape - procedural irregularity - failure to sign witness statement as per statutory requirement.
20 May 2025
Admission of an irregularly obtained cautioned statement and insufficient evidence led to quashed conviction for robbery.
Criminal Law – robbery with violence – admission of evidence – sufficiency of evidence for conviction – identification evidence reliability.
16 May 2025
Court upheld statutory rape conviction, finding sufficient evidence of penetration and proper procedures in victim testimony.
Criminal Law – statutory rape – evidence of penetration – identity of offender – application of section 127(2) of the Tanzania Evidence Act.
16 May 2025
April 2025
Appellant's conviction for rape overturned due to insufficient, inconsistent evidence and failure to call crucial witnesses.
Criminal law - rape - inconsistent and uncorroborated evidence - failure to call material witnesses - prosecution case credibility.
30 April 2025
Appeal succeeds due to defective duplex charge and procedural errors leading to conviction being quashed.
Criminal law – Duplex charge – Admissibility of cautioned statements – Doctrine of recent possession.
17 April 2025
Section 93 CPC is inapplicable for extending notice of appeal time governed by Appellate Jurisdiction Act.
Civil Procedure – interpretation of section 93 CPC on enlargement of time – Appellate Jurisdiction Act control.
15 April 2025
Court dismissed review application, upheld bona fide purchaser status, rejected nullity and manifest error claims, reaffirming jurisdiction.
Civil procedure - Review of judicial decision - Bona fide purchaser - Right to be heard - Invalidity and nullity claims - Jurisdictional issues in appellate review.
9 April 2025
March 2025
The appellant's conviction for rape and abduction was overturned due to defective charges and unproven allegations.
Criminal Law - Defective Charges - Rape and abduction charges - Variance and missing particulars - Release of appellant due to unproven charges.
5 March 2025
The court quashed armed robbery convictions due to unreliable visual ID evidence and improper admission of stolen property.
Criminal Law – Armed robbery – Visual identification – Admissibility of evidence – Proof beyond reasonable doubt.
5 March 2025