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

12 judgments

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12 judgments

Citation	Judgment date
August 1977
Ally Saidi vs Republic (High Court Criminal Appeal No. 320 of 1974) [1977] TZHC 284 (31 August 1977) Appellate court upholds convictions for overpricing and bribery, deferring to trial court credibility findings. Criminal law – Selling above maximum fixed price; Corruption/bribery – offering inducement not to report; Credibility findings – appellate deference to trial court; Evidence – admission and witness testimony sufficient to convict.	31 August 1977
John Omari Lawi vs Republic (High Court Criminal Appeal No. 90 OF 1976) [1977] TZHC 300 (31 August 1977) Appellant’s conviction for theft by servant upheld on documentary and testimonial evidence; five-year sentence affirmed. Criminal law – Theft by servant – Proof beyond reasonable doubt – Documentary evidence (cash-sale receipts and remittance receipts) corroborated by audit and witness testimony – Accounting discrepancies upheld conviction.* Sentence – Five-year imprisonment affirmed as appropriate/minimum in the circumstances.	31 August 1977
Hamisi Juma vs Republic (HC Criminal Appeal No. 253 of 1975) [1977] TZHC 77 (25 August 1977) Conviction for cattle theft set aside where prosecution failed to rebut appellant's explanation; appellant acquitted and released. Criminal law — Theft — Sufficiency of evidence to prove theft beyond reasonable doubt — Duty of prosecution to rebut accused’s explanation or account — Appellate court setting aside unsafe conviction and ordering acquittal and release; civil remedy available to complainant.	25 August 1977
Mkaene Kariongi vs Republic (High Court Criminal Appeal No 220 of 1976) [1977] TZHC 298 (25 August 1977) Conviction in absentia for felony quashed; appellants acquitted of theft but convicted for receiving stolen sheep and sentenced to three years. Criminal law — conviction in absence — Section 202 Criminal Procedure Code excludes proceeding to convict in felony cases; only warrant of arrest permitted. Identification of stolen property — owner’s description and circumstantial evidence sufficient. Receiving stolen property — guilty knowledge inferred from price, concealment, conduct and flight. Appeal — substitution of conviction and reduction of sentence on appeal.	25 August 1977
Tumaini Yusto Mmuji vs Republic (HC Criminal Appeal No. 254 of 1975) [1977] TZHC 76 (23 August 1977) The applicant's appeal against convictions for stealing a cheque and its proceeds is dismissed; convictions and sentence upheld. Criminal law – Theft – Theft of cheque and proceeds – Evidence of bank statement, endorsement and payment; corroboration of witness testimony; credibility assessment. Criminal procedure – Appeal – Evaluation of credibility and sufficiency of corroboration to sustain conviction. Sentencing – Minimum Sentence consideration where ownership of stolen funds (government v. private student contributions) is unclear; appellate restraint where factual uncertainty exists.	23 August 1977
Cladius Mhenga vs Republic (High Court Criminal Appeal No. 278 of 1976) [1977] TZHC 204 (19 August 1977) Appellant's conviction for theft by public servant upheld where accounting shortfall and failure to account were proven. Criminal law – Theft by public servant – Evidence of discrepancy between receipts and cash on hand – Failure to account as basis for inference of embezzlement – Credibility findings and appellate restraint on overturning factual findings.	19 August 1977
Mao Matayo vs Republic (High Court Criminal Appeal No. 163 of 1976) [1977] TZHC 202 (19 August 1977) Convictions cannot be sustained solely because stolen cattle were found in the employer’s kraal without proof of employees’ knowledge or participation. Criminal law – cattle theft – presence of stolen property in employer’s kraal – mere employment insufficient to prove participation or knowledge – owner’s payment of compensation suggests owner’s responsibility.	19 August 1977
Amiri Juma vs Republic (High Court Criminal Appeal No 93 of 1976) [1977] TZHC 201 (18 August 1977) Unlawful arrest (failure to inform charge) justified resistance and required quashing of grievous harm conviction. Criminal law – unlawful arrest – arrest unlawful ab initio where arrestee not informed of charge; Right to resist unlawful arrest – resistance may negate criminal liability for injuries caused during the arrest; Effect of procedural defect in arrest – conviction unsustainable where arrest was unlawful; Conviction unsupported by Director of Public Prosecutions may be quashed.	18 August 1977
Republic vs Arbogast Rumisha (High Court Criminal Appeal No. 192 of 1976) [1977] TZHC 199 (8 August 1977) Possession of recently stolen school property and credible witness testimony upheld the appellants' conviction and mandatory three-year sentence. Criminal law – breaking and entering (school) – possession of recently stolen property – identification of stolen items – credibility of witnesses and searches – rejection of defence of fabrication – mandatory minimum sentence under the Minimum Sentences Act, 1972.	8 August 1977
Baha Barbaidu vs Tlamahandi Hangali (PC Civil Appeal No. 91 of 1973) [1977] TZHC 482 (6 August 1977) Court taxed the successful party’s bill of costs as presented, finding the claimed instruction fee reasonable despite unsupported objections. Costs – Taxation of bill of costs – Reasonableness of instruction fee – Unsupported, unparticularised objections insufficient to displace claimed costs – Statutorily authorised items upheld.	6 August 1977
Ally Mhando vs Asha Athumani ((PC) Civil Appeal No 53 of 1973) [1977] TZHC 13 (1 August 1977) Primary Court's vague order and lack of evidence of irretrievable breakdown mean no divorce; marriage subsists. Family law – Divorce – Whether domestic difficulties between co-wives and relocation of a wife constitute irretrievable breakdown sufficient for divorce. Civil procedure – Clarity of judgment – Trial court prejudice by reference to prior case not in evidence; indeterminate orders render disposition ineffective.	1 August 1977
Republic vs Leon K. (High Court Criminal Appeal No. 273 of 1976) [1977] TZHC 194 (1 August 1977)	1 August 1977