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
March 1987
Trial judge wrongly shifted burden to the appellants; prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt; trial judge must not shift burden to accused; Presidential Decree No.11/1969 (s.9) for People’s Courts not applicable to High Court; retracted extra‑judicial statements unreliable; circumstantial evidence must exclude innocent hypothesis.
11 March 1987
Conviction quashed: prosecution must prove guilt beyond reasonable doubt; circumstantial and medical evidence did not exclude accident.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt; accused not required to prove innocent explanation. Criminal law – circumstantial evidence – must be such as to exclude every reasonable hypothesis of innocence. Evidence law – extra‑judicial/cautioned statements – retracted statements not reliable for conviction of co‑accused. Forensic evidence – post‑mortem showing violent death insufficient alone to convict absent exclusion of accidental causes.
11 March 1987