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.
4 judgments

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4 judgments
Citation
Judgment date
November 2023
Contradictions, delayed reporting and unread PF3 exhibits undermined prosecution; appeal dismissed and exhibits expunged.
Criminal law – Sexual offences – Sufficiency and credibility of victims’ evidence – Material contradictions and delayed reporting – Documentary evidence (PF3): admission and requirement to read contents; failure to read is incurable – Trial court’s duty to evaluate defence evidence – Appeal dismissed.
2 November 2023
August 2023
Extension of time granted where delay was technical and apparent illegality in High Court ruling warranted appeal.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — applicant must account for delay but technical delay excusable; diligence required. Illegality — apparent illegality of impugned decision justifies enlargement of time. Jurisdiction — when concurrent proceedings in different jurisdictions and commencement of statute raise arguable points, appealability should be allowed. Authorities — Bushiri; Lyamuya; Fortunatus Masha; Principal Secretary v. Devram Vallambia.
9 August 2023
June 2023
A High Court wrongly assumed jurisdiction over a Muslim matrimonial asset dispute; proceedings set aside and referred to the Kadhi's Court.
Jurisdiction – Kadhi's Court exclusive jurisdiction over Muslim matrimonial matters – pleadings converting civil suit into matrimonial dispute – wrongful assumption of jurisdiction by High Court renders proceedings a nullity – invocation of section 4(2) AJA to set aside decree; refer to Kadhi's Court Act.
13 June 2023
Charge variance and unreliable visual identification undermined prosecution, so convictions were quashed.
Criminal law – proof beyond reasonable doubt; visual identification at night – Waziri Amani principles; variance in particulars – duty to amend under s.219 Criminal Procedure Act; failure to tender exhibits and negative/absent DNA evidence; appellate interference with concurrent findings when misdirection/non-direction exists.
12 June 2023