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.
3 judgments

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3 judgments
Citation
Judgment date
January 2006
Defective, leading summing-up to assessors caused miscarriage of justice; trial declared nullity and retrial ordered.
Criminal procedure – summing up to assessors – compliance with section 298(1) Criminal Procedure Act; assessors’ independence – improper guidance and judicial remarks; miscarriage of justice – defective summing-up renders trial a nullity; retrial de novo before different judge and assessors; issues of identification and dying declaration raised but not decided.
1 January 2006
A materially defective charge (wrong offence date) prejudiced the accused and rendered the trial proceedings a nullity.
* Criminal law – Information/charge – Material defect in charge sheet (wrong date of offence) – Whether defect curable under section 276 Criminal Procedure Act – Prejudice to accused – trial declared a nullity. * Criminal procedure – Revision powers of appellate court – quashing of proceedings and order for re‑charge or release.
1 January 2006
Court upheld a cautioned confession as voluntary and admissible despite minor formal omissions, dismissing the appellant's appeal.
* Criminal procedure – cautioned statements – sections 57 and 58 Criminal Procedure Act – omissions in formalities and their effect on admissibility. * Caution statements recorded by questions-and-answers under section 57 may amount to cautioned/confessional statements. * Voluntariness – effect of prior alleged torture by non-police actors and temporal remoteness from later police-recorded confession. * Repudiated confession – need to examine surrounding circumstances and corroboration. * Criminal appeals – misdirection to assessors on standard of proof; harmless error doctrine.
1 January 2006