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.
24 judgments

Court registries

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24 judgments
Citation
Judgment date
December 1979
13 December 1979
Reported

Criminal Law - Murder - Plea of self-defence - use· of excessive force - Accused honestly and reasonably believed he was defending himself - Whether conviction of murder or manslaughter.
Criminal Law - Murder - Plea of self-defence - Use of excessive force - Accused honestly and reasonably believed he was defending himself - Test of honest and reasonable belief - subjective.
Evidence - Onus of proof - Excessive and lethal use of force - Onus rests throughout on the· prosecution.
Police Force Ordinance - Application to peoples' militia.

1 December 1979
1 December 1979
November 1979
22 November 1979
22 November 1979

Criminal Practice and Procedure-Effect of non-representation by counsel in murder case.. Criminal Practice and Procedure-Lack of representation by counsel in the case of one of several accused charged with murder-Appeal Court orders retrial for the convict who was not represented by counsel-Effect on the appeal by the other convicts.

22 November 1979
22 November 1979

Criminal Law - Manslaughter - Causation Death as a result of running away from a fight - Whether accused caused the death thereof. Criminal Practice and Procedure - Assessors - Failure of trial court to invite assessors to express their opinions - Consequences of such failure - Criminal Procedure Code, s. 283.

21 November 1979
21 November 1979
21 November 1979
7 November 1979
7 November 1979
7 November 1979
7 November 1979
7 November 1979
7 November 1979
7 November 1979
7 November 1979
Reported

Evidence - Alibi - Unsworn statement - No evidence to support alibi
Evidence - Confession - Repudiated confession - Whether can support conviction
Evidence - Repudiated confession - Requires corroboration as a matter of prudence
Evidence - Repudiated confession - Exculpatory statements of co-accused - Cannot corroborate

6 November 1979
6 November 1979
October 1979
25 October 1979
March 1979

Deportation Ordinance-Detention pending deportationSs. 2 and 5 Deportation Ordinance (Cap. 38)-Deportation order not appellable-Detention pending-Deportation lawful. Deportation Ordinance-Identification of deportee Certainly of identity necessary.

22 March 1979
Reported

Civil Practice and Procedure - Delay in the trial of a suit - Observations.
Civil Practice and Procedure - Concurrent findings of facts by two courts - What appeal court to do - Rule or practice.
Landlord and Tenant - Sub-tenant partitioning and subletting portion of premises without consent of tenant - Whether lawful sub-tenancy created.
Rent Restriction - Unlawful sub-tenancy - Whether sub-tenant protected - Rent Restriction Act, 1962.
Rent Restriction - Order for vacant possession - Whether trespasser protected - Rent Restriction Act 1962, s. 19(2).
Acquisition of Buildings - Registrar stepping into the shoes of the owner - Whether trespasser sub-tenants may be accepted as lawful tenants by Registrar.
Landlord and Tenant - Notice to quit - Rent accepted after notice - Whether amounts to waiver.
Tender - Meaning - Effect.

10 March 1979
January 1979
1 January 1979