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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.

Physical address

24 Kivukoni Road, P O Box: S.L.P. 9004

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

7 judgments

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7 judgments


May 1987
Richard vs Republic (PC Criminal Appeal No. 13 of 1984) [1987] TZHC 715 (28 May 1987) Appellate court allowed appeal and set aside revisional order where revisional court misdirected itself on sufficiency of theft evidence. Criminal law — appeal from revisional order — revisional court substituting its view for trial court’s findings — sufficiency of evidence to prove theft beyond reasonable doubt — acquittal restored where defence explanation and owner’s testimony exonerate accused	28 May 1987
Republic vs Damian s/o Babu (Criminal Appeal No. 138 of 1982) [1987] TZHC 780 (25 May 1987)	25 May 1987
Republic vs Kurambe Kurikong (Criminal Sessions No. 83/1985) [1987] TZHC 629 (13 May 1987) Voluntary cautioned and extra‑judicial confessions corroborated by postmortem evidence sustain a murder conviction. Criminal law — Murder: proof of death, causation and malice aforethought — Causation and malice aforethought under sections 196, 197 and 200 of the Penal Code — admissibility of cautioned and extra‑judicial statements — Whether cautioned and extra‑judicial statements have sufficient probative value to sustain conviction Criminal procedure — Failure to call material witnesses — Omission to call village chairman not fatal where militiaman's direct report and arrest evidence bridged the gap	13 May 1987
Protas Ludovick Shine vs Republic (HC Criminal Appeal No. 119 of 1984) [1987] TZHC 710 (9 May 1987) Appellant's conviction for theft by servant quashed for failure to prove guilt beyond reasonable doubt. Criminal law — Theft by servant — Proof beyond reasonable doubt Criminal procedure — Compensation orders — Necessity of evidentiary basis to quantify loss before awarding compensation Evidence — Circumstantial evidence and adequacy of accused’s explanation — Acquittal where prosecution fails to exclude reasonable possibility	9 May 1987
Republic vs C. 3528 P.C. (Criminal Sessions No 27 of 1983) [1987] TZHC 706 (6 May 1987)	6 May 1987
Didas A. Mtana vs Amos L. Shao (Misc. Civil Application No. 77 of 1987) [1987] TZHC 474 (5 May 1987) A purchaser cannot obtain vacant possession of a protected paying tenant without proving alternative equivalent accommodation exists. Land law — Rent restriction act s.19 — requirement that court be satisfied alternative accommodation is available before ordering vacant possession — Alternative reasonably equivalent accommodation (s.19) — Tenancy — Proof and recognition of existing tenancy by purchaser of property — Credibility and documentary evidence	5 May 1987
Shao vs D. A. T. (Civil Appeal No. 65 of 1984) [1987] TZHC 708 (5 May 1987) Appeal allowed: occupier was a gratuitous occupant, not a tenant; purchaser entitled to vacant possession with costs. Land law — Property — vacant possession — purchaser seeking possession after purchase — occupier’s status (tenant	5 May 1987