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.
4 judgments

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4 judgments
Citation
Judgment date
November 2015
Conviction based on uncertain night-time visual identification is unsafe and was quashed.
Criminal law – visual identification – night-time identification by torchlight – necessity to specify source and intensity of light, distance and time of observation – Waziri Amani principle; unsafe conviction where identification evidence is not watertight.
27 November 2015
Conviction based solely on unparticularised night-time torchlight identification was unsafe and quashed.
Criminal law – Visual identification – Night-time identification by torchlight – Need for particulars (source, intensity, number of lights, distance, duration) – Application of Waziri Amani principles; misdirection by trial/High Court – Conviction quashed as unsafe.
27 November 2015
Omission to enter conviction nullifies trial judgment; weak ID and improperly admitted exhibit led to quashing and release.
Criminal procedure – omission to enter conviction – such omission renders judgment a nullity and vitiates subsequent appeals. Appellate powers – revisional jurisdiction – court may remit for proper judgment or review record and decline retrial if interests of justice so require. Evidence – visual identification at night – requirement for caution and corroboration; inconsistencies and lack of prior acquaintance weaken ID evidence. Evidence – exhibits – need for proper foundation and chain of custody; prosecutor cannot tender exhibits in place of witness testimony.
27 November 2015
A 10-year sentence for manslaughter was manifestly excessive where provocation, lack of weapon and immediate surrender were not considered.

Criminal law – Sentencing – Manslaughter; appellate interference with sentencing discretion where trial court overlooked material mitigating factors; manifestly excessive sentence; provocation, absence of weapon and surrender as mitigating circumstances; principles for appellate review of sentence.

25 November 2015