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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

4 judgments

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4 judgments


December 1987
Republic vs Pelo Mkale Migoro (Criminal Sessions Case No. 37 of 1984) [1987] TZHC 763 (16 December 1987) Insufficient proof of malice aforethought; accused convicted of manslaughter, not murder, and sentenced to five years. Criminal law — Defence of accidental killing/self-defence — where death occurs in a mutual fight, accidental killing may negate malice aforethought Criminal law — Murder — proof of intent to kill — requirement of malice aforethought Criminal law — Sentence — consideration of custody already served Evidence — Evidential assessment — conflicting assessor views and circumstantial evidence (pursuit, scene of stabbing)	16 December 1987
Republic vs Samwel Ndondya (N/A) [1987] TZHC 590 (16 December 1987) Single credible eye‑witness testimony supported conviction for intentional murder; accused sentenced to death. Criminal law — Murder — Identification and single eye‑witness evidence — Defence of accident rejected — Mental capacity (sound mind) confirmed — Reliability and sufficiency for conviction	16 December 1987
Focas Antony and Others vs Republic (Criminal Appeal No. 150 of 1984) [1987] TZHC 761 (12 December 1987) Reliable visual identification upheld despite grudges; appeals against robbery convictions dismissed. Criminal law — Robbery with violence — proof beyond reasonable doubt Evidence — Visual/identification evidence — factors: lighting, prior acquaintance, prompt identification, detailed description — Reliability and sufficiency to support conviction	12 December 1987
Lesika Mlengani and Others vs Republic (Criminal Appeal No. 58 of 1987) [1987] TZHC 584 (12 December 1987) Appellate court affirmed assault convictions and 18‑month sentences where prosecution witnesses were credible and defence evidence unreliable. Criminal law — assault causing actual bodily harm — appellate review of factual findings and sentence — corroboration by independent eyewitnesses — Credibility of prosecution and defence witnesses — motive (prior conviction) as supporting inference of participation	12 December 1987