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
August 2007
An appellant's illness can constitute sufficient cause to re-admit an appeal dismissed for non-appearance.
Civil procedure – Appeals from primary courts – Rule 17 re-admission after dismissal under Rule 13(2) – sufficiency of cause – illness/unconsciousness preventing appearance – discretion to re-admit and order as to costs.
9 August 2007
July 2007
Reported
Circumstantial evidence and constructive possession established the appellants' guilt; appeal dismissed.
Criminal law – Murder – Circumstantial evidence – Constructive possession of human remains – Weight and reliability of a retracted cautioned statement – Chain of circumstances and identification of body/head.
10 July 2007
March 2007
An equivocal guilty plea cannot stand where the admitted facts do not disclose the charged offence of rape.
Criminal law – guilty plea – equivocal plea; appealability where admitted facts do not constitute the offence; rape – admitted facts must disclose sexual intercourse; trial procedure – where plea is equivocal trial court should enter not guilty and proceed to trial.
16 March 2007
January 2007
Denial of opportunity to cross-examine prosecution witnesses vitiated the trial; conviction and appeal quashed and no retrial ordered.
Criminal procedure — Right to confront and question prosecution witnesses — s.229 Criminal Procedure Act; Evidence Act s.147 — Improper re-examination and introduction of new matters; procedural irregularity rendering trial a nullity; quashing of subsequent appeal proceedings; retrial refused where prosecution evidence weak and accused served lengthy sentence.
1 January 2007
Appellant’s conviction for armed robbery upheld on recent possession and credible identification despite exclusion of an involuntary confession.
Criminal Law – armed robbery – identification and recent possession; alibi notice requirement (s.194 CPA); involuntary confession – threats and admissibility (s.27(3) Evidence Act); relatives as witnesses; proof of ownership not always requiring serial numbers/receipts.
1 January 2007