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

9 judgments

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9 judgments

Citation	Judgment date
November 2011
Peter Akonay vs Mary Thomas (PC Civil Appeal No. 38 of 2010) [2011] TZHC 2507 (22 November 2011) The court declined to infer marriage, held the respondent bears the burden to prove paternity, and ordered DNA testing under the Human DNA Regulation Act. * Family law – presumption of marriage – requirement of evidence to establish cohabitation or marital status.* Burden of proof – paternity – party alleging fatherhood bears the burden under section 110(1) Evidence Act.* DNA testing – procedure under Human DNA Regulation Act, s.25(1)&(2) – role of Government Chemist Laboratory Agency.* Civil procedure – trial court duty to secure evidentiary testing where local facility cannot perform it.	22 November 2011
October 2011
Godfrey Andrea vs Republic (Criminal Appeal No. 29'B' of 2011) [2011] TZHC 2251 (19 October 2011) A voluntarily-made cautioned statement admitted without objection can sustain conviction despite no eyewitness identification. * Evidence – Confession/Cautioned statement – Admissibility – voluntariness required; statement admissible where no evidence of inducement or threats and accused did not object at trial. * Criminal Procedure – Defence of alibi – statutory procedure (s.194(4)-(6) CAP.20) and consequences of non-compliance. * Circumstantial evidence – possession of stolen property shortly after offence and search/exhibits as corroboration. * Procedural – failure to object to tendering of exhibit at trial affects subsequent challenge.	19 October 2011
Godfrey Andrea vs Republic (Criminal Appeal No. 29 of 2011) [2011] TZHC 2168 (19 October 2011) Appellant’s unobjected-to cautioned statement and possession of stolen property upheld conviction; appeal dismissed. * Criminal law – admissibility of cautioned statements – Evidence Act s27 and s29 – voluntariness, inducement and reliability. * Criminal procedure – alibi – statutory requirements s194(4)–(6) Criminal Procedure Act. * Evidence – conviction without eyewitness identification where confession and possession of recently stolen property link accused to offence.	19 October 2011
H&R Consultants td vs Engen Petroleum (T) Ltd and Others (Misc. Civil Application No. 96 of 2011) [2011] TZHC 2186 (12 October 2011) Court granted an interim injunction preserving the petrol station's status quo pending hearing of the application. Interlocutory relief – interim injunction to preserve status quo – restraint against eviction or interference with suit premises pending hearing – effect of concurrent orders in other proceedings considered but deferred until inter partes hearing.	12 October 2011
September 2011
Director of Public Prosecutions vs Frank Geophrey (Criminal Appeal NO.) [2011] TZHC 2184 (28 September 2011) Failure to tender weapon and properly call PF3 maker justified respondent's acquittal despite a prima facie case. * Criminal law – grievous harm – relevance and tendering of exhibits (weapon, sketch map) – proof of perpetrator. * Criminal procedure – medical report (PF3) – section 240(3) CPA – summonsing/report maker only on accused's request; improperly admitted reports not to be acted upon. * Evidence – prima facie case vs proof beyond reasonable doubt – absence of defence cannot substitute for weak prosecution case. * Appeal – acquittal upheld; prosecution must prove identity and guilt beyond reasonable doubt.	28 September 2011
August 2011
John Paulo vs Republic (Criminal Appeal No. 13 of 2009) [2011] TZHC 2676 (17 August 2011) Unsafe identification and lack of medical linkage to the accused led to quashing of the rape conviction. Criminal law – identification evidence – safety of identification where accused exposed to witnesses prior to an identification parade; medical (PF3) evidence – necessity to link injuries or venereal disease to accused; procedural defects (non‑disclosure, failure to call investigator) – secondary where identification is unsafe; benefit of doubt principle.	17 August 2011
July 2011
Martine Kisali vs Republic (Criminal Appeal No. 36 of 2010) [2011] TZHC 2329 (20 July 2011) Conviction quashed where prosecution failed to properly identify alleged stolen property and prove guilt beyond reasonable doubt. Criminal law – property offences – necessity of clear description and identification of alleged stolen property; Conviction on cognate/uncharged offence – permissible only if evidence proves the offence beyond reasonable doubt; Admissibility and addition of witnesses; Proper conduct and proof of searches; Unsafe convictions and appellate intervention.	20 July 2011
April 2011
Naushad Mohamed Hussein vs Mohamed Jusab (Civil Case No. 3 of 2002) [2011] TZHC 2187 (6 April 2011) Court retains jurisdiction after a scheduling order bursts and may allow withdrawal with leave or order regression to trial. Civil procedure — Scheduling orders (O. VIII A) — Effect of a burst scheduling order on court jurisdiction — Court's discretion to amend or depart from schedule in interests of justice — ADR operational difficulties — Withdrawal with leave to refile versus regression to trial — Costs follow the cause.	6 April 2011
February 2011
Petro Gewe vs John Michael (PC Criminal Appeal No. 4 of 2010) [2011] TZHC 2183 (24 February 2011)	24 February 2011