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

8 judgments

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8 judgments


July 1987
Republic vs Athumani Maganga (High Court Criminal Appeal No. 46 of 1985) [1987] TZHC 655 (30 July 1987) Burglary conviction overturned for lack of proof of night‑time breaking and substituted with housebreaking; appeal dismissed. Criminal law — Burglary — requirement that breaking be committed at night — Evidence — identification of stolen property — Sufficiency to prove theft Criminal procedure — substitution of conviction — Substitution of offences (s.300 CPA)	30 July 1987
A. 1135 P.O . III William Nyambi vs Republic (Criminal Appeal No. 55 of 1985) [1987] TZHC 654 (28 July 1987) Whether identification by prior acquaintance, voice and moonlight provided a safe basis for convicting the appellant of robbery with violence. Criminal law — Robbery with violence — Identification evidence — Recognition by prior acquaintance, identification by voice and by moonlight — Corroboration by recovery of weapon and circumstances of offender's absence from duty	28 July 1987
Lemi Castor Uriyo and Others vs Dr. P. P Ibrick (Civil Appeal No. 78 of 1985) [1987] TZHC 653 (27 July 1987) A landlord entitled to vacant possession after reasonable notice and offering reasonable alternative accommodation; ambiguous conditional decree expunged. Civil procedure — Executability of decree — conditional judgment tied to non‑party performance may be inexecutible Land law — Rent restriction — Order for vacant possession Land law — Vacant possession — Landlord’s need for premises for dispensary — reasonableness of notice and alternative accommodation	27 July 1987
Yahya Mohamed vs Total Tanzania Limited (Civil Case No.17 OF 1987) [1987] TZHC 486 (25 July 1987) Conduct and part performance established a binding agreement, entitling the plaintiff to specific performance. Contract law — Offer and acceptance — Whether confirmation of success, provision of a standard Marketing Licence Agreement and preparatory advice constituted a firm offer capable of acceptance Contract law — specific performance — Part performance — Whether acts (import permit, deposit for tanker, recruitment and training of staff, setting aside capital) amounted to part performance supporting specific performance — Specific performance and special damages — Appropriateness of specific performance where damages are inadequate and a collateral agreement exists	25 July 1987
Mathias Kyara vs Maria Paschal (Civil Appeal No. 70 of 1985) [1987] TZHC 652 (21 July 1987) Documentary irregularities defeated the appellant’s title; respondent may redeem the land by paying redemption money; appeal dismissed. Land law — title by purchase — reliability of documentary evidence — erasures and substitutions may render a sale document inadmissible — possession and improvements may attract redemption compensation — redemption/right to re-acquire	21 July 1987
Nzinyangwa Bakari and 2 Others vs Republic (Criminal Appeal No. 40 of 1987) [1987] TZHC 483 (10 July 1987) Appeal against robbery conviction dismissed; identification upheld, alibi rejected, compensation reduced to Shs.600/= Civil procedure — Appeal — conviction and sentence affirmed save for reduction of compensation Criminal law — alibi — insufficiency to raise reasonable doubt — Robbery with violence — Identification evidence — immediate identification — reliability of visual ID Tort — Compensation — variation of quantum where trial court mis-assessed amount stolen	10 July 1987
Tangoi Kisaiyo vs Barakael Gidieon Mushi (Civil Appeal No. 9 of 1985) [1987] TZHC 650 (10 July 1987) A trespasser may not claim compensation or adverse possession where the owner protested and prosecuted; boundary mistakes rejected. Land law — adverse possession/long possession — owner’s protests and criminal prosecutions defeat claim of acquiescence — Appellate review — trial court's finding of title and nominal damages upheld — trespass — removal of survey beacons — deliberate removal defeats mistaken boundary defence — Unexhausted improvements — trespasser who persists after protest not entitled to compensation	10 July 1987
Willian Ndreo and 3 Others vs Republic (Criminal Appeal No 8 of 1987) [1987] TZHC 482 (10 July 1987) Convictions for trespass/malicious damage quashed where ownership of land was disputed and civil action is the proper remedy. Criminal law — civil action is the proper remedy — Convictions and compensation orders quashed — Trespass and malicious damage — Ownership dispute — Where ownership of land is contested, criminal proceedings for trespass are inappropriate	10 July 1987

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