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High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
4 judgments
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4 judgments
Citation
Judgment date
December 1969
Elisante Marika vs Republic (Criminal Appeal No. 28 of 1969) [1969] TZHC 4 (27 December 1969)
Appeal dismissed: appellant’s conviction upheld on corroborated accomplice evidence; trial court wrongly acquitted the first accused.
Criminal law – conviction on accomplice evidence – requirement for corroboration – corroboration by independent witness evidence – credibility of witness D.F.3 – appellate review of acquittal – receiving stolen property.
 27 December 1969
November 1969
Isack Ndekirwa Sumari vs Republic (HC Criminal Appeal No 72 of 1989) [1969] TZHC 3 (10 November 1969)
Circumstantial evidence did not exclude other perpetrators, so the theft conviction was quashed and sentence set aside.
* Criminal law – Circumstantial evidence – Whether evidence irresistibly points to accused – Benefit of doubt. * Evidence – Failure of gate-register formalities and negligence of gatekeepers weakens inferences of guilt. * Criminal procedure – Conviction quashed where alternative hypothesis of guilt not excluded.
 10 November 1969
May 1969
Masaka Mwaja vs Republic (Criminal Appeal No. 74 of 1970) [1969] TZHC 2 (18 May 1969)
Appeal allowed and conviction for possession of suspected stolen cattle quashed for insufficient evidence and procedural defects.
Criminal law – Stock Theft Ordinance s.5(1) – Possession of suspected stolen stock – Requirement that circumstances reasonably lead to belief of theft – Evidential sufficiency; Arrest procedure – failure to afford opportunity to explain possession affects weight of prosecution case.
 18 May 1969
March 1969
Nduma Kulenga vs Republic (Criminal Appeal No. 153 of 1969) [1969] TZHC 1 (24 March 1969)
Appeal against cattle theft conviction summarily rejected due to overwhelming evidence and absence of arguable grounds.
* Criminal law – Cattle theft – Sufficiency of evidence – Independent witness and police observation corroborating sale of stolen animal. * Criminal procedure – Appeal – Summary rejection where appeal lacks sufficient or arguable grounds (certification of no sufficient ground). * Sentence – Minimum statutory imprisonment and statutory corporal punishment imposed.
 24 March 1969