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

Visit website

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

11 judgments

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11 judgments


January 1990
Lucas Mollel and 2 Others vs Republic (High Court Criminal Appeal No. 193 of 1989) [1990] TZHC 365 (31 January 1990) Convictions quashed where reliance was placed on an inadmissible retracted statement and illegal search evidence. Evidence — Criminal Procedure Act s.38 — Hearsay inadmissible where informant does not testify — search and seizure inventory/receipt mandatory — Trial judgment drafting standards Evidence — Extra‑judicial statement — Accomplice evidence and corroboration — Admissibility and confession — requirement of corroboration for statements implicating co‑accused	31 January 1990
Evance Jacob Mzambia vs Republic (Criminal Appeal No. 33 of 1988) [1990] TZHC 518 (30 January 1990) Convictions based on an unwitnessed, procedurally defective search were unsafe; convictions and sentences set aside and fine ordered refunded. Criminal law — Accessory after the fact — sentencing limits — Minimum Sentences Act — legality of fines — Revisionary powers of higher court — setting aside unsafe convictions and sentences Criminal procedure — Search and seizure — searches conducted in accused’s absence and without independent civilian witness — admissibility and sufficiency of evidence	30 January 1990
Willy Lyatuu vs Republic (Criminal App. No. 61 of 1988) [1990] TZHC 519 (30 January 1990) Convictions based on unauthenticated payrolls and slipshod prosecution evidence were quashed for failure to prove theft beyond reasonable doubt. Criminal law — stealing by public servant — admission of documents subject to proof of authorship — conviction quashed where prosecution relied on unauthenticated documentary evidence (pay‑rolls) — insufficiency of evidence and failure to prove guilt beyond reasonable doubt — procedural irregularity where trial continued before a different magistrate without recalling original magistrate or informing accused of s.214(2) rights	30 January 1990
Ibrahimu Athuman Ally vs Republic (High Court Criminal Appeal No. 204 of 1988) [1990] TZHC 517 (26 January 1990) Eyewitness and circumstantial evidence can sufficiently corroborate a child’s defilement testimony; sentence confirmed despite procedural omission. Criminal law — Corroboration of victim/witness evidence — independent corroboration required Criminal procedure — sentence requiring confirmation — High Court confirmation required and granted — Criminal Procedure Act s.170(1)(a)(ii)(b) Evidence — Forensic/medical evidence — delay in medical examination and absence of DNA testing not necessarily fatal to prosecution	26 January 1990
Amani Ramadhani vs Republic (HC Criminal Appeal No. 183 of 1989) [1990] TZHC 363 (24 January 1990) Identification at the scene was upheld; a knife was held not to attract the 30‑year armed‑robbery minimum, but the 15‑year minimum applied. Criminal law — identification evidence — Sufficiency of victim’s identification at night — Armed robbery — Use of knife as dangerous/offensive weapon Criminal procedure — Sentencing — Limits of subordinate court sentencing powers under section 170 Criminal Procedure Act	24 January 1990
Petri Olukaria & Another vs Republic (High Court (PC) Criminal Appeal No. 1 of 1989) [1990] TZHC 361 (22 January 1990) Land ownership dispute improperly prosecuted criminally; conviction and compensation set aside. Criminal law — Ownership dispute and criminal prosecutions — disputed title should be resolved civilly before criminal conviction for offences tied to possession Criminal procedure — Compensation orders — Necessity of evidentiary basis to quantify loss before awarding compensation — Site visits must be recorded Evidence — Admission of additional evidence on appeal — Documents not tendered at trial cannot be admitted by the appellate court	22 January 1990
John Samwel vs Republic (Criminal Appeal No. 121 of 1988) [1990] TZHC 516 (19 January 1990) Conviction for store breaking set aside where evidence was insufficient and police testimony unreliable; facts supported trespass only. Criminal law — credibility of police witnesses — alternative verdict of criminal trespass — conviction set aside Criminal law — Storebreaking — sufficiency of evidence	19 January 1990
Republic vs Manyerere (Criminal Appeal No. 49 of 1988) [1990] TZHC 515 (18 January 1990) Conviction for theft upheld on recent possession evidence; sentence reduced to the subordinate court’s five‑year maximum. Appellate practice — Appellate review of factual findings — Deference to trial court credibility assessments Criminal law — Recent possession — Invocation of doctrine of recent possession to sustain conviction for possession of recently stolen property Criminal procedure — Sentencing powers of subordinate courts — Subordinate court sentencing limits (s.170(1)(2)(a)(ii) Criminal Procedure Act)	18 January 1990
Ahmed Kondo vs Republic (Criminal App. No. 145 of 1988) [1990] TZHC 514 (17 January 1990) Circumstantial evidence insufficiency and misjoinder of alternative offences led to quashing of convictions; repayment order sustained. Criminal law — Circumstantial evidence — Sufficiency to prove guilt beyond reasonable doubt Criminal procedure — Economic and Organized Crime Control Act — application where prosecutorial treatment inconsistent — Compensation orders surviving quashed convictions Criminal procedure — misjoinder/alternative counts — charging same transaction	17 January 1990
Eliphrasia Peter vs Republic (Criminal Appeal No. 152 of 1988) [1990] TZHC 513 (17 January 1990) Appeal dismissed; conviction and sentence for grievous harm upheld, despite trial court’s failure to record mandatory confirmation of the large fine. Criminal law — Grievous harm — evidence of adult witnesses — corroboration not required unless witness is accomplice or interested party — sentencing — confirmation of fines exceeding statutory threshold Criminal procedure — delayed arrest — not per se fatal to prosecution Evidence — testimony of children	17 January 1990
Jacob Nathan vs Republic (High Court Criminal App. No. 39 of 1988) [1990] TZHC 511 (16 January 1990) Appeal allowed: conviction quashed where evidence was insufficient and trial magistrate erred on law and possibly jurisdiction. Criminal law — Offence of wilful obstruction of police — insufficiency and contradictions in police evidence — role and limited powers of village secretary/officials in community disputes — jurisdiction of magistrates to try offences originating outside their district	16 January 1990

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