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.
11 judgments

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11 judgments
Citation
Judgment date
April 2015
Conviction based on unreliable visual identification, contradictions and unexplained delay quashed; appeal allowed and appellant released.
Criminal law – Visual identification – recognition evidence is inherently weak and must be watertight; lighting, use of torches and lack of particulars impair reliability. Evidence – contradictions and incoherence in eyewitness accounts undermine credibility and proof beyond reasonable doubt. Procedure – failure or delay to name suspect at earliest opportunity and investigator’s silence on timing are material to reliability of identification. Appeals – appellate intervention in a second appeal warranted where nature and quality of evidence justify it.
30 April 2015
Omission to cite the enabling provision in a Notice of Motion renders the application incompetent and may be struck out with costs.
Court procedure — Notice of Motion — Non-citation of enabling provision under Rule 48(1) Court of Appeal Rules — renders application incompetent; preliminary objections; striking out; costs.
29 April 2015
Court quashed convictions for failure to follow statutory plea-taking procedure and ordered appellants' release.
Criminal procedure – Plea-taking – Section 228 Criminal Procedure Act – admissions must be recorded in accused's own words – preliminary hearing and memorandum of agreed facts – irregular plea procedure – incurable irregularity (not saved by s.388) – revisional powers (s.4(2) Appellate Jurisdiction Act) – quashing of proceedings and consideration of retrial versus prolonged custody.
25 April 2015
Trial of economic offences in a subordinate court without DPP consent/certificates was void; proceedings quashed and appellant released.
Economic & Organized Crimes Control Act — jurisdiction reserved to High Court for economic offences; requirement of DPP consent (s.26(1)); necessity of certificates under ss.12(3) and 12(4) to authorize subordinate courts; illegality/nullity of trial conducted without such consent/certificates; invalidity of subsequent High Court decision based on null proceedings; quashing of convictions and release.
24 April 2015
Trial was a nullity for wrong jurisdictional certificate; proceedings quashed and retrial refused due to prosecution gaps.
Criminal law – Jurisdiction – Economic and non-economic offences – certificate under s.12(3) v. s.12(4) Economic and Organized Crimes Act – defect renders trial a nullity; Retrial – discretionary and refused where prosecution could fill evidentiary gaps; Admissibility – valuation certificate issued under repealed law; Revisional powers under s.4(2) AJA.
24 April 2015
An application to this Court was misconceived; extension to lodge a late notice of appeal must be sought in the High Court.
Civil procedure – Appeal procedure – Notice of appeal must be lodged in the High Court within 30 days (Rule 83(1)-(2) Court of Appeal Rules). Civil procedure – Extension of time – Where notice of appeal is late, extension must be sought in the High Court under s.11(1) Appellate Jurisdiction Act. Court of Appeal – Misconceived application – Court may strike out applications seeking relief in the wrong forum.
23 April 2015
Convictions quashed where search, chain-of-custody and fair-hearing requirements were not met and evidence was weak.
Criminal law – Search and seizure – non-compliance with s.38 CPA; Chain of custody – failure to establish custody of exhibits; Circumstantial evidence – flight insufficient for conviction; Right to be heard – omission under s.231 CPA and Article 13(6)(a); Conviction quashed where evidence and procedure defective.
22 April 2015
Visual identification at night, without corroborating details, was unsafe and conviction was quashed for lack of proof beyond reasonable doubt.
Criminal law – Armed robbery – Visual identification evidence – must be watertight; court cautions against reliance where distance, duration, and other conditions are not proved. Identification – Familiarity and moonlight insufficient alone to dispel reasonable doubt. Evidence – Contradictory witness accounts and lack of corroboration undermine prosecution case.
21 April 2015
Convictions quashed for unlawful search, absent chain of custody and denial of the right to present defence.
Criminal procedure – search and seizure – non-compliance with section 38 CPA; chain of custody not established; insufficiency of evidence to ground conviction; failure to address accused under section 231 CPA – denial of fair hearing; conviction quashed, no retrial ordered due to weak prosecution case.
20 April 2015
Rape conviction quashed due to procedural irregularities and unreliable identification evidence.
Criminal procedure — admission of exhibits — s240(3) Criminal Procedure Act — right to call medical officer; Cautioned statement — improper tendering — failure to invite objection; Child witness — voir dire — s127(2) Evidence Act — improper reception; Identification evidence — delay and non‑description — risk of mistaken identity; Conviction quashed for insufficiency of properly admissible evidence.
15 April 2015
A defective notice of appeal misstating year, case number or sentence fails to institute a competent appeal and will be struck out.
Criminal procedure — Notice of appeal — Rule 68(1),(2),(7) & Form "B" — requirement to state correct court, date, registration number and sentence — defective notice incapable of instituting a competent appeal — appeal struck out; leave to appeal out of time may be sought in High Court.
13 April 2015