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
December 2005
Revision permitted in lieu of appeal for good reason, but no statutory offence of "armed robbery" exists; High Court ruling upheld.
Criminal law – existence of statutory offence – robbery vs. "armed robbery"; Criminal procedure – revisional jurisdiction in lieu of appeal where good and sufficient reason exists; s.285 Penal Act and s.286(2) – punishment enhancement not creation of new offence; s.162(3) Criminal Procedure Act – inapplicable absent a law creating the named offence; s.150(1) bail prohibition inapplicable to non-existent offence.
13 December 2005

(From the Decision of the High Court of Zanzibar at Zanzibar, Mbarouk, J., dated 13 June 2005, in Criminal Appeal number 24 of 2004) Evidence - Witness — Expert witness — Whether the opinion of an expert witness can override credible and trustworthy evidence of an eye witness. Evidence - Medical evidence - Adverse medical evidence — Whether conclusive as against the evidence of a credible eye witness.

8 December 2005