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

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10 judgments


October 1987
Isumail Mambeya vs Hatibu Abdalla (PC Civil Appeal No. 59 of 1985) [1987] TZHC 673 (28 October 1987) Whether inheritance and adverse possession established ownership where the trial court mis‑evaluated possession evidence. Appellate practice — Appellate review of factual findings — Justification for reversing trial court for erroneous evaluation of evidence Land law — adverse possession — Requirement of continuous uninterrupted possession for statutory period — customary land — Whether acts of possession (e.g. planting a lemon tree) can support title by customary law	28 October 1987
Bareaiudu s/o Ako vs Republic (HC Criminal Appeal No 78 of 1987) [1987] TZHC 533 (27 October 1987) Appeal dismissed: night‑time identification upheld; alibi disregarded for non‑compliance and found unhelpful. Criminal law — identification evidence — reliability assessed by surrounding circumstances (prior acquaintance, lighting, proximity, duration, immediate naming) Criminal procedure — Alibi — late/non-notified alibi may be disregarded	27 October 1987
Godwin Ngowi vs Republic (Criminal Appeal No. 50 of 1985) [1987] TZHC 672 (21 October 1987) Identification by familiar witnesses, supported by circumstantial evidence, upheld conviction and sentence; appeal dismissed. Criminal law — Circumstantial evidence — identification evidence — Reliability of ID where complainants were acquainted with accused, some illumination, clothing matched and items produced in court Criminal procedure — Appeal — When an alibi and denial do not render conviction unsafe	21 October 1987
Patrick Edward Msuya vs Republic (Criminal Appeal No 103 of 1983) [1987] TZHC 749 (21 October 1987)	21 October 1987
Eliudi Yonafika vs Republic (PC Criminal Appeal No. 26 of 1984) [1987] TZHC 753 (20 October 1987) Whether identification at night with poor lighting rendered the conviction unsafe. Criminal law — identification evidence — Visual identification — adequacy of lighting and risk of mistaken identity — conviction unsafe if identification unreliable	20 October 1987
Dionis Tluway & Another vs Republic (Criminal Appeal No. 56 of 1987) [1987] TZHC 527 (16 October 1987) Conviction for robbery with violence quashed where theft unproven and identity of assailants was unsafe. Criminal law — Robbery with violence — doubtful identification — unsafe voice and torch-based identification at night — doubts resolved in favour of accused	16 October 1987
Suzana w/o Paul vs Salimu s/o Kimboi ((PC) Civil Appeal No. 75 of 1985) [1987] TZHC 671 (16 October 1987) Appeal allowed: son cannot validly pledge mother’s inherited land; district court improperly decided matters not raised. Civil procedure — Appeal — appellate courts should not entertain new matters not raised in the court below — Improper substitution of findings Land law — Inheritance — Pledge of land by son without consent — Validity of pledge	16 October 1987
Pius Massawe & Another vs Simon Raphael (Misc Civil Appl No 132 of 1987) [1987] TZHC 524 (14 October 1987) Review application dismissed as incompetent after decree execution and notice of appeal were already in place. Civil procedure — Execution — satisfaction of decree prior to review application may render review overtaken by events — Grounds for review — alleged advocate negligence does not rescue an otherwise incompetent or moot application — Inherent powers — court will not grant relief rendered moot by execution — Review — review not competent where appeal has been preferred	14 October 1987
Ibrahim Musuo vs Agnes J. (Civil Appeal No 79 of 1983) [1987] TZHC 745 (7 October 1987)	7 October 1987
Onesmo Mhuguti vs Republic (Criminal Appeal No. 177 of 1985) [1987] TZHC 667 (1 October 1987) Appeal allowed: conviction quashed due to witness contradictions and improper use of accused’s police statement. Criminal law — Theft by servant — appellate intervention where prosecution declines to support conviction — contradictions in witness statements — inadmissible use of accused’s police statement as proof of ownership — sufficiency of evidence and standard of proof beyond reasonable doubt	1 October 1987

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