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.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

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10 judgments

Citation	Judgment date
June 1977
Adam s/o Lucas vs Republic (HC Criminal Appeal No. 12 of 1974) [1977] TZHC 15 (29 June 1977) Appellant's conviction affirmed on identification and recent possession; co-accused lacked evidence linking them to the offence. Criminal law – Workshop breaking (s.296(1) Penal Code) – Identification evidence – Recent possession doctrine – Ownership admission to arresting officer – Insufficient evidence against co-accused – Misdirection on burden of proof by relying on accused's lies.	29 June 1977
Adam s/o Lucas vs Republic (HC Criminal Appeal No. 12 of 1974) [1977] TZHC 280 (29 June 1977) Conviction and five-year sentence for workshop breaking upheld on identification and recent possession; co-accused lacked sufficient evidence. Criminal law – workshop breaking (s.296(1) Penal Code) – identification evidence and recent possession – inference of guilt; Sentence – previous convictions and appropriateness of five-year term; Conviction safety – suspicion and lies do not substitute for evidence; Misdirection – treating false statements as proof of guilt.	29 June 1977
Alex Silvester and Others vs Republic (High Court Criminal Appeal No. 9 of 1977) [1977] TZHC 184 (27 June 1977) Appeal allowed: intent to defraud not proved; trial court wrongly adopted witness’s legal conclusions. Criminal law – Fraud and obtaining by false pretences – necessity of proving intent to defraud – inadmissible legal conclusions by lay witness – improper reliance by trial court on witness’s legal interpretations; irregularity or negligence in internal party procedures not automatically criminal.	27 June 1977
Ramadhani Omari and Others vs Republic (HC Criminal Appeal No. 84 of 1975) [1977] TZHC 51 (27 June 1977) Recent possession and civilian confessions supported conviction for cattle theft; appeals and mandatory minimum sentences dismissed. Criminal law – cattle theft – identification evidence – confession to civilians – doctrine of recent possession – mandatory minimum sentence upheld.	27 June 1977
Jefsen Kabisa vs Republic (HC Criminal Appeal No. 153 of 1975) [1977] TZHC 50 (15 June 1977) Hearsay cannot prove failure to account; handwriting and circumstantial evidence upheld two theft convictions. Criminal law – Theft by servant – Proof of non-accounting – Hearsay evidence inadmissible to prove failure to account – Handwriting identification of receipts – Circumstantial evidence (absence from daily summaries and disconnection of service) sufficient to infer misappropriation.	15 June 1977
Joseph Saronga vs Republic (High Court Criminal Appeal No 381/1974) [1977] TZHC 277 (14 June 1977) Appellant’s conviction for meter bypass set aside where prosecution failed to produce key employer documents and reasonable doubt existed. Criminal law – obstruction/bypass of electricity meter – circumstantial evidence – prosecution’s duty to produce decisive documents – adverse inference and benefit of doubt – conviction set aside.	14 June 1977
Gaduwe @ Abdallah Bura vs Republic (High Court Criminal Appeal No. 416 of 1974) [1977] TZHC 274 (13 June 1977) Confession and capture upheld third accused’s conviction; unreliable identification led to first and second accused being acquitted and released. Criminal law – robbery with violence – identity evidence – reliability and contradictions in complainant’s and witness’s identification statements – unsafe identification grounds for setting aside convictions. Criminal law – confession and presence at scene – apprehension with injury consistent with guilt – sufficient to uphold conviction.	13 June 1977
Juma Mussa and Others vs Republic (HC Criminal Appeal No. 191 of 1975; HC Criminal Appeal No. 192 of 1975) [1977] TZHC 47 (4 June 1977) Convictions for stealing government cement upheld; appeals dismissed and sentences confirmed under the Minimum Sentences Act. Criminal law – theft of government property; liability of storekeeper/public servant; receipt and possession of stolen property; evidential weight of witness testimony and inventory checks; adequacy of unsworn statements; sentencing under the Minimum Sentences Act.	4 June 1977
Solomon Pendael vs Republic (High Court Criminal Appeal No. 175 of 1976) [1977] TZHC 164 (2 June 1977) Appellate court upheld corruption conviction based on credible police testimony and dismissed the appeal. Criminal law – Corruption/bribery – Sufficiency and credibility of police evidence – Appellate deference to trial court's credibility findings; procedural note on admission of appeal.	2 June 1977
Bura Qamara vs Samaku Malasi (PC Civil Appeal No. 138 of 1973) [1977] TZHC 12 (1 June 1977) Appeal dismissed: customary-law cattle recovery suit not time-barred under GN 311/1963 absent proven unwarrantable delay. Limitations of actions – Government Notice No. 311 of 1963 – exclusion of customary-law matters from ordinary limitation rules unless unwarrantable delay proved; customary law – recovery of cattle; procedural fairness – opportunity to cross-examine and call witnesses; privity – enforcement of transactions between third parties.	1 June 1977