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

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

9 judgments

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9 judgments

Citation	Judgment date
December 1981
Medard v Minister for Lands, Housing and Urban Development and Another (Misc. Civil Application 10 of 1982) [1981] TZHC 2467 (30 December 1981) Civil Practice and Procedure - Functus officio - When a tribunal becomes functus officio	30 December 1981
Republic vs Maria Lamoni (Criminal Sessions Case No. 87 of 1980) [1981] TZHC 2414 (2 December 1981) Medical and scene evidence negated a motor accident but prosecution inconsistencies left reasonable doubt; accused acquitted. * Criminal law – Murder – Whether death caused by motor-vehicle accident or homicidal assault – Role of post-mortem and scene evidence. * Evidence – Reliability – Material delays, omissions and contradictions in eyewitness testimony; failure to call a potentially important witness. * Principle – Suspicion alone insufficient for conviction; prosecution must prove guilt beyond reasonable doubt.	2 December 1981
November 1981
Adan Omari & Another vs Republic (Criminal Appeal No 91/1981) [1981] TZHC 2233 (23 November 1981) Alleged language barrier insufficient to overturn recorded guilty pleas for being without an immigration pass; appeal dismissed. Immigration law – presence without pass or permit – validity of guilty pleas – language/communication objections – requirement of affidavit to contest recorded pleas on appeal; unverified allegations of stereotyped or fabricated trial record insufficient to impeach convictions.	23 November 1981
August 1981
Daniel Abraham Kimaro vs Republic (Criminal Appeal No. 108 of 1980) [1981] TZHC 2346 (18 August 1981) Identification and circumstantial evidence upheld convictions for uttering a false document and stealing; minimum sentence affirmed. * Criminal law – forgery, uttering false document and stealing – identification evidence – corroboration by witnesses and circumstantial evidence. * Sentencing – Minimum Sentences Act – scheduled offence – statutory three-year minimum – no mitigation to reduce sentence.	18 August 1981
George Jacob Chuma vs Republic (Criminal Appeal No. 80 of 1979) [1981] TZHC 2047 (10 August 1981) Appellant teller’s conviction for stealing affirmed where depositor testimony, bank identification and expert handwriting/stamp evidence proved appropriation. * Criminal law – Theft by servant – Whether teller who stamped and signed duplicate pay‑in slips and failed to remit cash to bank committed theft. * Evidence – Identification of handwriting and signature – Value of bank officials’ identification corroborated by handwriting expert. * Evidence – Stamp impression comparison – Matching of rubber stamp to impressions as corroboration. * Evidence – Absence of bank records and originals – Inference that funds did not reach bank.	10 August 1981
January 1981
Bibi Kisoko Medard v Minister for Lands, Housing and Urban Development and Another (Misc. Civil Application 10 of 1982) [1981] TZHC 2466 (27 January 1981) Civil Practice and Procedure - Functus officio - When a tribunal becomesfunctus officio.	27 January 1981
Ibrahim Athumani vs Republic (High Court Criminal Appeal No. 33 of 1980) [1981] TZHC 2258 (21 January 1981) Conviction quashed where prosecution failed to prove theft and an improper burden was placed on the accused. Criminal law – Theft by public servant – Burden of proof lies on prosecution to prove guilt beyond reasonable doubt – Accused has no duty to prove innocence or to produce alleged recipient as witness when that person is unavailable.	21 January 1981
Angelus Gillo vs Republic (High Court Criminal Appeal No 186 of 1979) [1981] TZHC 2068 (20 January 1981) High Court summarily rejected criminal appeal where trial evidence left no doubt and no fresh grounds were raised. Criminal appeal – review of trial evidence – appeal raising no fresh issues – summary rejection and certification that appeal is without sufficient ground of complaint.	20 January 1981
Frank A. Mramu vs El-Ainanyi w/o Frank (Civil Appeal No. 27 of 1981) [1981] TZHC 2426 (1 January 1981) A husband remains legally obliged to maintain his children despite the wife leaving the matrimonial home; s.129 Law of Marriage Act applies. * Family law – Maintenance of children – Husband’s obligation – Separation does not absolve maintenance duty – Law of Marriage Act 1971 s.129; * Appeal – appellate review – factual findings of lower courts upheld.	1 January 1981