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

Court registries

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10 judgments
Citation
Judgment date
May 1988
Appeal against convictions for unlawful carriage/export of cloves dismissed; duress defence not proved, convictions upheld.
Criminal law – duress/compulsion as a defence – burden on accused to prove duress – credibility of afterthought defences raised first at trial – appellate deference to trial judge’s findings of fact and credibility in smuggling/export offences.
6 May 1988
Out-of-time appeal dismissed where applicant failed to prove representative's authority and gave no satisfactory excuse to extend time.
Appeal out of time; receipt of judgment by third party; proof of authority to receive judgment; duty of absent litigant to make provision to learn judgment; discretion under Rule 8 to extend time.
6 May 1988
Applicant’s absence abroad and failure to prove representative’s authority did not justify extending time to appeal.
Civil procedure – application for extension of time under Rule 8; authority to receive judgment for another – power of attorney not invariably required but convincing proof of authority necessary; absence abroad and lack of diligence not a sufficient cause for extension.
6 May 1988

Criminal Practice and Procedure - Substituted conviction - “Being in possession of property suspected to have been stolen” substituted for “Stealing by servant" - Whether irregular -  Section 271 ofthe Criminal Procedure Decree. Evidence - Ofaccomplice - Corroboration

5 May 1988
Appeal dismissed: possession of suspected stolen property upheld; section 285A wrongly invoked without Attorney General's sanction, substituted with s.271(1)(a).
Criminal law — possession of property suspected to have been stolen — corroboration of accomplice evidence; statutory requirement of Attorney General's sanction for prosecutions under section 285A; substitution of conviction under section 271(1)(a) Criminal Procedure Decree.
5 May 1988
Provocation and self‑defence were not established; attack showed revenge, conviction upgraded to murder with death sentence imposed.
Criminal law — Homicide: provocation and self-defence; distinction between manslaughter and murder where attack continues after initial blow; excessive force and pursuit as indicators of revenge; appellate substitution of conviction and sentence; assessors' opinion order.
5 May 1988
Court rejected provocation and self‑defence, finding eyewitness evidence that the respondent initiated the attack.
Criminal law – Provocation – When provocation is unavailable where accused denies being provoked; Criminal law – Self‑defence – Requirement to prove lawful defensive action and distinction from excessive force; Appeal – Review of conviction and sentence; Procedural irregularity – Assessors' opinions given in unusual order.
5 May 1988
January 1988
High Court properly had jurisdiction; purported appellate sports council decision was void because the council did not exist, so appeal dismissed.
Sports law – administrative decisions – appeal from football association decisions to sports council – existence and validity of the appellate sports council at material time – High Court jurisdiction to entertain challenges to sports administrative decisions.
6 January 1988

Administrative Law - Jurisdiction - Members of Zanzibar Sports Council whose tenure had lapsed - Whether competent to make effective decisions. Civil Practice and Procedure - Procedure in High Court of Zanzibar - Party proceeded by chambers summons - Whether permissible

6 January 1988
A loan obtained through a director was held to be a company loan under directors’ authority; company liable to repay.
Company law – capacity and authority of directors to borrow under articles of association; agency and apparent authority; indoor management rule (Royal British Bank v Turquand) – liability of company for loans obtained through a director; evidence on whether advances are personal or corporate.
1 January 1988