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
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
Court upheld an armed robbery conviction based on recent possession despite identification, chain of custody and procedural challenges.
Criminal law – armed robbery – doctrine of recent possession – chain of custody – evidential sufficiency – credibility of complainant – change of trial magistrate – procedural irregularity – identification evidence.
16 August 2024
Court dismissed application for certification of points of law, finding no genuine legal issues deserving appeal to the Court of Appeal.
Appellate procedure – certification of point of law – section 5(2)(c) Appellate Jurisdiction Act – distinction between points of law and facts – refusal to certify.
15 August 2024
Monetary claims under an oral contract must be specifically pleaded and strictly proved; unitemized sums and insufficient documentation fail.
Contract – Oral contract for supply of fuel – Special damages – Requirement for specific pleading and strict proof – Claims based on unitemized figures and inadequate documentation – Burden of proof in civil claims.
15 August 2024
Conviction for unnatural offence quashed where penetration, medical evidence, and identification were not proved beyond reasonable doubt.
Criminal law – Unnatural offence (carnal knowledge against the order of nature) – need to prove penetration and age of victim. Evidence – burden and standard of proof in criminal cases – prosecution must prove both commission and identity beyond reasonable doubt. Evidence – medical evidence and PF3 – absence of medical examination report and failure to call medical witness may attract adverse inference where doubt exists. Identification – visual identification of a stranger – need for clear description and reliable parade evidence. Criminal procedure – inadequate investigation/prosecution – defective collection and tendering of evidence may render conviction unsafe.
14 August 2024
Conviction quashed due to fatal variance between particulars in the charge sheet and prosecution evidence.
Criminal law – variance between charge and evidence – importance of particulars of offence – amendment of charge – fatal defect in prosecution’s case – fair trial – quashing of conviction.
14 August 2024
Conviction quashed due to failure to comply with mandatory procedures for assessors and admission of unlawfully obtained evidence.
Criminal Law – Murder – requirement for trial with the aid of assessors – failure to inform assessors of their duties or address them on vital points of law – confessional statements – procedural safeguards and statutory timelines for admissibility – expunging of evidence obtained contrary to law – effect of nullified proceedings on conviction and sentence.
13 August 2024
Failure to prove the victim's age beyond reasonable doubt led to quashing of a statutory rape conviction and sentence.
Criminal law – statutory rape – proof of age of victim – documentary and oral evidence – standard of proof – exclusion of improperly admitted evidence – conviction set aside for lack of proof of age.
13 August 2024
Conviction quashed due to prosecution's failure to comply with procedural safeguards at committal, denying the accused a fair trial.
Criminal law – Admissibility of witness testimony and confessions – Role of committal proceedings – Fair trial – Exclusion of non-disclosed evidence – Burden of proof regarding voluntariness of confessions.
13 August 2024
Conviction quashed and appellant released due to procedural errors and failure to prove guilt beyond reasonable doubt.
Criminal procedure – summing up to assessors – failure to address vital issues and defence evidence – irregular admission of exhibits – proof beyond reasonable doubt – evidentiary gaps in identification and connection to crime – conviction quashed.
12 August 2024
Failure to file notice of appeal within prescribed time renders the appeal incompetent and liable to be struck out.
Criminal procedure – Notice of appeal – Limitation period for lodging notice of appeal – Applicability of exception for prisoners – Failure to comply renders appeal incompetent.
12 August 2024
Where inadmissible confessions and documents are excluded, a conviction for armed robbery cannot stand absent credible evidence.
Criminal law – armed robbery – admissibility of cautioned statements – expungement of evidence obtained contrary to legal requirements – effect of failure to read out documentary exhibits – sufficiency of oral evidence – application of res gestae – doctrine of recent possession – proof beyond reasonable doubt.
12 August 2024
Procedural irregularities did not invalidate the trial where credible direct and corroborative evidence proved rape and unnatural offense beyond reasonable doubt.
Criminal law – rape and unnatural offense – procedural and substantive irregularities – competence of spousal testimony – sufficiency and quality of evidence – whether conviction based on credible sole and corroborated testimony can be upheld – proper application of evidentiary exceptions in sexual offenses.
12 August 2024
Failure to read admitted documentary exhibits is fatal, and expunged exhibits can render a conviction unsustainable.
Criminal law – admissibility of documentary evidence – admitted documents must be read out in court; failure is fatal and may lead to expungement. Evidence – reliance on documentary exhibits – conviction unsustainable where key exhibits are expunged. Appellate review – interference with concurrent findings allowed where legal/procedural error causes miscarriage of justice.
12 August 2024
A murder conviction was set aside due to improper summing up to assessors, with the case remitted for proper procedure.
Criminal procedure – trial with assessors – mandatory requirement of proper summing up – effect of inadequate summing up – remedy where trial judge fails in duty – murder – remittal for proper summing up.
9 August 2024
Unexplained delay in arraignment and unreliable identification evidence led to acquittal in an armed robbery appeal.
Criminal law – armed robbery – delayed arraignment – visual identification at night – reliability of witness testimony – failure to call material witnesses – standard of proof beyond reasonable doubt.
9 August 2024
A High Court murder conviction was set aside due to irregularities in summing up to assessors and failure to consider their majority opinion.
Criminal law – High Court trials – Conduct with aid of assessors – Mandatory directions on alibi – Requirement for judge to give reasons for disagreement with assessors’ majority opinion – Nullification of judgment for irregular summing up – Remedy is fresh summing up and judgment.
9 August 2024
Extension of time refused where applicants failed to account for each day of delay and did not plead illegality in affidavit.
Civil procedure – Extension of time – Requirement to account for each day of delay – Difference between irregularity and illegality – Facts to be pleaded in affidavit, not oral submissions – Discretion of court in extension of time applications.
7 August 2024