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 judgments

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2 judgments
Citation
Judgment date
November 2023
Interpreter defects vitiated the key eyewitness evidence; retracted confessions lacked corroboration, so convictions were quashed.
Criminal law – Murder conviction – Assessors’ selection and role – procedural irregularity curable under s.388 CPA; Interpreter – court’s duty to procure/ascertain qualifications and explain role – serious defect vitiating evidence; Confessions and extra-judicial statements – certification and timing issues; Retracted confessions require independent corroboration; Insufficient evidence — conviction quashed, no retrial ordered.
30 November 2023
Conviction quashed: improper admission of exhibits and failure to link appellant via recent possession.
Criminal law – circumstantial evidence – admissibility of exhibits – failure to read exhibits in court and omission from committal list – expungement; expert evidence required to prove human remains and identification; doctrine of recent possession – ownership and identification requirements.
22 November 2023