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

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10 judgments

Citation	Judgment date
November 1990
Jonathan Barnaba vs Anasimbo Barnaba (PC Civil Appeal No. 50 of 1990) [1990] TZHC 334 (30 November 1990) Oral customary dispositions lacking required formalities are invalid, but customary inheritance rules can vest property in a male grandson. Customary law – inheritance – application of Second Schedule customary inheritance rules – male descendant (grandson) priority. Customary wills – oral testament – formalities and required witnesses under the Customary (Declaration) Order (Third Schedule, para. 11) – validity. Appellate review – credibility and balance of probabilities – scope of reversal of Primary Court findings	30 November 1990
Rozi Loshilare vs Alfred Mesiaki Meagie (Miscellaneous Civil Appeal No. 1 of 1989) [1990] TZHC 488 (30 November 1990) Appellant failed to prove kinship or forgery; lower court's refusal to sustain objection and appointment of administrator affirmed with costs. Probate and administration – appointment of administrator – challenge to administration on basis of alleged relationship and forged will – burden of proof on challenger; Evidence and procedure – requirement that objections and forgery allegations be proved, and appellate acceptance of lower court record when corroborated by affidavits; Delay – long delay in asserting entitlement relevant but not dispositive without proof of entitlement.	30 November 1990
Alfredi W. Lyimo and Others vs Republic (HC Criminal Appeal No. 56 of 1980) [1990] TZHC 622 (24 November 1990)	24 November 1990
Rashidi Ramadhani vs Republic (HC Criminal Appeal No. 26 of 1990) [1990] TZHC 325 (24 November 1990) Warrantless search lawful; conviction for possession of hidden bullets upheld; 15‑year sentence reduced to seven years under 1989 amendments. Criminal procedure – Warrantless search – Section 42(1)(b)(ii) Criminal Procedure Act permits search without warrant in appropriate circumstances Evidence – Concealed ammunition found in accused's mattress – credibility of police and village witness – appellate court will not interfere with trial magistrate's factual findings Sentencing – Distinction between munitions of war and civilian ammunition – applicable minimum sentence under Miscellaneous Amendments Act No.10 of 1989	24 November 1990
Nicolaus Mmasi vs Republic (Criminal Appeal No. 110 of 1982) [1990] TZHC 619 (22 November 1990)	22 November 1990
Ally Iddi vs Republic (High Court Criminal Appeal No. 36 of 1989) [1990] TZHC 481 (21 November 1990) Appeal dismissed where appellant was found with stolen goods minutes after burglary; eyewitness identification and credibility upheld. Criminal law – Burglary and theft – Recovery of stolen property shortly after offence – Eyewitness identification of recovered goods – Credibility and acceptance of prosecution evidence – Appellate review of trial magistrate's assessment of witnesses.	21 November 1990
HappyGod Silayo vs Republic (HC Criminal Appeal No. 178 of 1990) [1990] TZHC 321 (21 November 1990) Appeal dismissed: conviction and statutory five‑year sentence for theft by public servant upheld on clear, unrefuted evidence. Criminal law – Theft by public servant (ss. 270, 265 Penal Code) – Sufficiency of evidence – watchman with keys, missing government property and recovery of goods Appeal – standard for overturning conviction – whether defence raises reasonable doubt Sentencing – application of statutory minimum; recovery of property and compensation order	21 November 1990
Aloyce Patrick Samia vs Republic (High-Court. Criminal App. No 180 of 1990) [1990] TZHC 317 (19 November 1990) Three appellants’ convictions quashed for insufficient evidence; one appellant’s conviction upheld on recent possession and inconsistent alibi. Criminal law – Burglary and theft – sufficiency of evidence – recent possession doctrine – recovery of stolen property from accused’s room – need for proof of knowledge or participation by accused to sustain conviction.	19 November 1990
Paulo Peter Mbuya and Another vs Republic (HC Criminal Appeal No. 110 of 1990) [1990] TZHC 316 (16 November 1990) Recent possession plus corroborating witness evidence can sustain armed robbery convictions; inadequate evidence may require quashing a conviction. Criminal law – Armed robbery – Invocation of doctrine of recent possession – possession soon after theft, handling and storing of stolen goods as evidence. Criminal procedure – Evidence – Use of accomplice testimony and witnesses with potential interest – need for caution and corroboration. Criminal procedure – Retraction of caution statements – retracted statements may corroborate where independent evidence supports them. Criminal law – Charging – receiving stolen goods as separate count where same persons charged with robbery (procedural impropriety if not framed as alternative)	16 November 1990
Director of Public Prosecutions vs Hamsraj Shariya (High Court Criminal Appeal No. 22 of 1990) [1990] TZHC 309 (6 November 1990) Court held possession need not be during a journey for s312 conviction; prosecution failed to prove suspicion. Penal Code s312 – possession of suspected stolen property – requirement that property be found while conveying removed by amendment; Criminal Procedure Act s25 – police authority to stop, search, detain and search premises; burden to explain lies to the court, not police; inadmissible hearsay undermines prosecution case.	6 November 1990