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

16 judgments

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16 judgments

Citation	Judgment date
December 1982
John Mlay vs Republic (Criminal Appeal No. 9 of 1982) [1982] TZHC 402 (17 December 1982) Possession of the key and recovered money proved the appellant's guilt despite discrepancies in amounts and co-accused's footprints. Criminal law – shopbreaking and stealing – circumstantial evidence – possession of key and presence at scene – proof beyond reasonable doubt; discrepancies in recovered/tendered money do not necessarily create reasonable doubt; footprints of co-accused insufficient to exculpate accomplice.	17 December 1982
November 1982
Eliakunda Geron and 6 Others vs Republic (Criminal Appeal No. 40 of 1981) [1982] TZHC 601 (25 November 1982) Admission of lessee allocation precludes claim of right; convictions for criminal trespass upheld; illegal four‑month custodial alternatives reduced to three months. Criminal law – Trespass (s.299(b) Penal Code) – Admission of lessee allocation precluding claim of right – Civil land dispute pursued criminally – Illegal alternative imprisonment exceeding statutory maximum substituted with lawful term.	25 November 1982
October 1982
Tutayo vs Lotoripoki (PC Civil Appeal No. 22 of 1980) [1982] TZHC 679 (20 October 1982)	20 October 1982
Michael Kimambo vs Republic (Criminal Appeal No. 98/82) [1982] TZHC 352 (14 October 1982) Unverified prosecutorial assertions improperly influenced sentencing; given a guilty plea and first-offender status, a fine was substituted for imprisonment. * Criminal law – Sentencing – Improper influence on sentencing by unverified prosecutorial assertions – sentencing discretion must rest on proven matters. * Regulatory offences – Overcharging under prices regulation – appropriate penalty for first offender who pleads guilty.	14 October 1982
August 1982
Aloyce Ndikira vs Republic (High Court Criminal Appeal No. 166 of 1979) [1982] TZHC 165 (13 August 1982) Hoarding conviction quashed where prosecution failed to prove refusal to sell and court ignored defence of personal-use authorization. Criminal law – Hoarding (s.194A Penal Code) – Elements of offence require proof of refusal to sell when offered – Statutory defence where goods retained for personal/family use (s.194A(3)(c)) – Duty of trial court to investigate and address defence and authorising evidence.	13 August 1982
Republic vs Heliniki Bakari (Criminal Sessions Case No. 45 of 1980) [1982] TZHC 663 (12 August 1982)	12 August 1982
Kilimbo s/o Lema vs Republic (High Court Criminal Appeal No. 10 of 1982) [1982] TZHC 322 (4 August 1982) A fine must be within the appellant's means; excessive fines leading to imprisonment are unjustified. Sentencing — fines — fines must be within the offender’s means to avoid imprisonment; prevalence of an offence is a relevant but not overriding factor; excessive fines that effectively imprison are improper.	4 August 1982
June 1982
O. S. Kimathi vs Sanji Saidi (Civil Appeal No. 37 of 1980) [1982] TZHC 652 (22 June 1982)	22 June 1982
Laaba Diramu and 2 Others vs Republic (Criminal Appeal No. 79/1981) [1982] TZHC 485 (5 June 1982) Convictions quashed due to unreliable identification, improper affirmation preventing cross-examination, and unreconciled evidential inconsistencies. * Criminal law – Identification evidence – court must consider whether circumstances were favourable for accurate identification and whether corroboration exists. * Criminal procedure – Oath/affirmation – failure to affirm a witness who purported to give sworn evidence prevents proper cross-examination and may render trial unfair. * Evidence – inconsistencies in witness statements and in the number of recovered exhibits (cattle) can undermine the safety of conviction. * Sentencing – Minimum Sentences Act sentence cannot stand where underlying conviction is unsafe.	5 June 1982
May 1982
Pantaleo Salewi vs Januari Mture and Another (Civil Appeal No. 64 of 1980) [1982] TZHC 637 (3 May 1982) An ex parte dismissal for non-appearance was set aside where the applicant’s credible, uncontroverted affidavit showed the matter had been adjourned in chambers. * Civil procedure – dismissal for non-appearance – setting aside ex parte order – adequacy of inquiry into uncontroverted affidavit. * Procedural fairness – duty of trial court to test or investigate compelling sworn assertions and to call court officials where record is disputed. * Order 9 rule 8 Civil Procedure Code – application to dismiss for non-appearance and remedies.	3 May 1982
January 1982
Gabriel Simon vs Republic (Criminal Appeal No. 104 of 1980) [1982] TZHC 617 (29 January 1982) The appellant merely witnessed a consensual settlement and did not falsely assume judicial authority; conviction quashed. * Criminal law – False assumption of authority – Whether witnessing or facilitating consensual settlement constitutes assuming judicial authority under section 99(1). * Civil dispute resolution – Parties may settle disputes privately or by person of their choice; settlement-oriented approach distinguished from judicial acts. * Evidence and precedent – Distinguishing cases where accused actually took pleas or imposed penalties from mere witnesses to settlement. * Judicial conduct – Impropriety of a magistrate directing payment or acting on complaints before a matter is properly before the court.	29 January 1982
Angelika Mardadi vs William Ferinand (Civil Appeal No. 43 of 1982) [1982] TZHC 695 (1 January 1982)	1 January 1982
Didas Stanslaus Minja and Others vs Republic (Criminal Appeal No. 29 of 1982) [1982] TZHC 696 (1 January 1982)	1 January 1982
Msafri Kipande vs Republic (Criminal Appeal No. 73 of 1982) [1982] TZHC 654 (1 January 1982) Conviction for cattle theft quashed where stolen goat was identified only by colour and no corroborative evidence existed. Criminal law – Theft – Identification of stolen property – Identification by colour alone insufficient; conviction unsafe absent corroborative evidence.	1 January 1982
Peter Mniko Marwa vs Republic (Criminal Appeal No. 76 of 1982) [1982] TZHC 705 (1 January 1982)	1 January 1982
Peter s/o Mniko vs Republic (Criminal Appeal No. 33 of 1982) [1982] TZHC 694 (1 January 1982)	1 January 1982