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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
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https://jmap.judiciary.go.tz/jmap/jmap-coa
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2 judgments
Citation
Judgment date
January 1987
Mbarouk Said Sultan vs S.M.Z (Criminal Case No. 82 of 1986) [1987] TZCA 98 (1 January 1987)
Conviction quashed where prosecution failed to prove child's death and relied on inadequate circumstantial and inadmissible evidence.
* Criminal law – circumstantial evidence – burden to prove death and to exclude all reasonable hypotheses – conviction unsafe where disappearance not shown to be death. * Evidence – anonymous letter held inadmissible and unreliable as proof of death. * Procedure – duty of prosecution to conduct adequate investigations (hospital inquiries, neighbours, relatives) before inferring death. * Constitutional/Procedural – Section 9 Presidential Decree No.11/1969 cannot be invoked to depart from established High Court rules; appellant wrongly subjected to cross-examination after silence.
 1 January 1987
Mohamed Rafik Ramzan vs S.M.Z (Criminal Appeal No. 81 of 1986) [1987] TZCA 99 (1 January 1987)
Dying declarations and child evidence were unreliable and insufficiently corroborated, rendering the murder conviction unsafe.
Criminal law – conviction based on dying declaration and child witnesses – dying declaration inconsistent and made in critical condition – limited probative value; Evidence of children of tender years – necessity for preliminary examination and recorded reasons under s.118 Evidence Decree and s.145 Criminal Procedure Decree – failure affects weight though not necessarily admissibility; Corroboration – quarrel, burns and presence of children insufficient corroboration to meet criminal standard; Appeal – conviction and sentence unsafe, quashed.
 1 January 1987