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.
10 judgments

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10 judgments
Citation
Judgment date
September 2023
Failure to evaluate the defence and unexplained delay in charging rendered the prosecution's rape conviction unsafe.
Criminal law – Rape – Court must evaluate prosecution and defence evidence holistically; failure to consider defence is material misdirection. Criminal procedure – Unexplained delay between alleged offence and arraignment may undermine prosecution case. Appellate review – Court of Appeal may step into the shoes of first appellate court where trial and first appellate courts failed to evaluate evidence and made demonstrable misdirection.
29 September 2023
Pre-arranged prosecution interpreter vitiated fair trial; child witness evidence expunged and murder convictions quashed.
Criminal procedure – interpreter – court’s duty under s.211 CPA to provide and vet interpreters; interpreter to be sworn; prosecution-arranged interpreter may vitiate fair hearing; interpreted evidence expunged; insufficiency of remaining identification evidence – conviction quashed.
29 September 2023
A clear, unqualified guilty plea admitting all material facts sustains conviction and renders absent exhibits immaterial.
Criminal law – Plea of guilty – When plea is unequivocal: arraignment, comprehension, admission of all ingredients. Evidence – No legal requirement to tender PF3 or documents where accused admits facts. Sentencing – Victim's age proved by admission; life imprisonment under s.154(2) Penal Code.
27 September 2023
Conviction quashed where seizure procedures, chain of custody, species identification and cautioned statement were fatally defective.
Criminal law – unlawful possession of government trophies – admissibility and weight of certificate of seizure; chain of custody of exhibits; requirement for expert identification of animal trophies; statutory interviewing period under section 50 CPA and admissibility of cautioned statements; conviction quashed for failure to prove case beyond reasonable doubt.
27 September 2023
An appellant granted extension for illegality may argue other grounds on appeal; limitation to illegality alone is unsupported.
Appeal—extension of time for illegality—whether appellant is limited to arguing only the illegality—no statutory or judicial basis for such limitation; fair hearing; scope of appeals under Appellate Jurisdiction Act and Land Disputes Courts Act; effect of counsel's concession or concentration on a single ground.
27 September 2023
Arraignment on an amended charge was sufficient; lapse of time did not justify quashing proceedings or ordering retrial.
Criminal procedure — Arraignment — Charge amended, read and pleas recorded — Effect of lapse of time before trial; duty to read/remind charge arises only on fresh charge, material amendment, withdrawal or variance, or where retrial compliance required; High Court erred in quashing proceedings and ordering retrial where arraignment was proper; remittal for fresh determination of appeal.
26 September 2023
Review application dismissed: review is limited to patent errors on the face of the record and cannot substitute for an appeal.
Civil procedure — Review under Rule 66 — limited scope; requires an error apparent on the face of the record. Civil procedure — Review is not an appeal in disguise; differences of opinion do not justify review. Procedural fairness — Right to be heard — complaint must be made by the person denied hearing; a party who was heard cannot complain on behalf of non-parties. Evidence and new issues — Review will not entertain fresh matters not pleaded or argued at trial or on first appeal.
25 September 2023
A High Court's suo motu dismissal of an application without hearing the applicant violates the right to be heard and is a nullity.
Natural justice – Right to be heard (audi alteram partem) – Judicial duty to invite parties to address any issue raised suo motu – Failure to do so renders decision void ab initio. Civil/criminal procedure – Revision versus appeal – Court cannot determine sua sponte procedural tenability without hearing parties. Remedy – Quashing of impugned decision and remittal for fresh determination from stage reached.
25 September 2023
Applicant failed to show good cause for 438‑day delay; extension to file second‑bite certificate refused.
• Civil procedure — extension of time — rule 10 Court of Appeal Rules — requirement to show good cause;• Second‑bite applications — rule 45A(c) — strict 14‑day timeframe;• Delay — inordinate and unexplained delay, need for substantiating evidence;• Judicial discretion — exercised according to rules of reason and justice.
19 September 2023
The applicant employer was liable for the employee’s death for failing to provide reasonable safety; damages were recalculated and reduced.
Employer’s duty of care – liability for death while performing employment duties without reasonable safety measures (cash-in-transit). Negligence – failure to provide armed escort and use of ordinary vehicle for transporting large sums. Volenti non fit injuria – defence inapplicable where no informed consent or causal connection. Fatal Accidents Act – administrator may sue on behalf of dependants; Workers’ Compensation payments do not bar common-law claim but are deductible. Assessment of damages – necessity of evidence of deceased’s earnings; court may call additional evidence and recalculate quantum.
19 September 2023