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.
16 judgments

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16 judgments
Citation
Judgment date
August 2025
A court may not award compensation based on estimated values for missing property absent supporting evidence from the claimant.
Contract – Custody of property pending tax collection – Measure of damages – Burden of proof in valuation – Judicial estimation of unproved property value – Right to be heard on unpleaded issues.
25 August 2025
May 2025
Procedural irregularities led to quashing a criminal conviction, with a retrial ordered to ensure fairness.
Criminal procedure – fair trial – procedural irregularities – mistrial and retrial ordered due to judicial bias affecting earlier proceedings.
29 May 2025
Neglecting to accommodate remote testimony during pandemic denied appellants a fair hearing, nullifying judgment.
Civil procedure - fair hearing - adjournment due to pandemic - remote testimony permitted under Zanzibar Evidence Act 2016 - denial of adjournment constitutes fatal irregularity.
29 May 2025
The court upheld the defilement conviction and quashed the abduction conviction due to insufficient proof.
Criminal Law – Abduction and defilement – Credibility of victim's evidence in sexual offense cases – Requirement of proof of abduction against parental will.
29 May 2025
The court upheld convictions for child abduction and defilement based on credible and sufficient evidence.
Criminal Law – child abduction and defilement – credibility of victim's testimony – adequacy of evidence.
29 May 2025
Discrepancies in evidence led to quashing conviction for an unnatural offence.
Criminal law – appeal – burden of proof – credibility of evidence – discrepancies in prosecution's case
29 May 2025
Appeal allowed as evidential discrepancies created reasonable doubt in conviction for unnatural offence.
Criminal Law – unnatural offence – credibility of prosecution evidence – discrepancies in dates and testimonies – reasonable doubt – appeal allowed.
29 May 2025
Court affirms breach of contract and misrepresentation in a hotel sale agreement, with damages and refund ordered.
Contract law – Breach of sale agreement – Misrepresentation – Breach of no encumbrance clause – Refund and damages awarded.
29 May 2025
Appeal succeeded on abduction conviction due to insufficient evidence, but rape conviction was upheld.
Criminal law - Rape and abduction - Credibility of victim's testimony - Procedural irregularity in exhibit admission - Variance in time of offense
28 May 2025
Court overturns rape conviction due to delayed reporting and insufficient corroborative evidence.
Criminal Law – Rape – Proving sexual offences – Reliance on corroborative evidence – Impact of procedural noncompliance on admissibility.
28 May 2025
Court upholds rape conviction but quashes abduction conviction due to insufficient evidence of unlawfulness and intent.
Criminal law - Rape and Abduction - Procedural errors in magistrate transfer - Credibility of evidence - Proof beyond reasonable doubt
26 May 2025
Appeal allowed due to unreliable identification evidence and procedural errors in trial court.
Criminal law - defilement - identification evidence - procedural errors in evidence admission - child witness testimony.
23 May 2025
Conflict of interest in legal representation nullifies proceedings where a law firm drafts and litigates a contract.
Civil Procedure - Conflict of interest - Advocates representing parties in cases where they drafted the contract in dispute.
23 May 2025
The appeal restored the murder trial, finding a prima facie case against respondents requiring a defense.
Criminal Law – Murder – Establishment of Prima Facie Case - Participation in unlawful act – Malice aforethought.
22 May 2025
Appellant's conviction for defilement quashed due to lack of proof beyond reasonable doubt and inadequate evidence.
Criminal Law – Defilement – Expert witness qualification and reliance on oral evidence after medical report is expunged.
20 May 2025
Appeal from consent judgment dismissed due to lack of leave from High Court, making it incompetent.
Civil procedure - appeal - validity of consent judgment - requirement of leave from High Court for appeal.
20 May 2025