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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.

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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

3 judgments

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3 judgments

Citation	Judgment date
October 2006
Joram Laban and 2 Others (H/c Consolidated Criminal Appeals Nos. 32/2005, 54/2006, and 55/2006; H/c Consolidated Criminal Appeals Nos. 32/2005, 54/2006, and 55/2006; H/c Consolidated Criminal Appeals Nos. 32/2005, 54/2006, and 55/2006) [2006] TZHC 444 (23 October 2006) Night-time torchlight identifications and uncorroborated recent possession insufficient to sustain robbery convictions. Criminal law – Visual identification at night – reliability and conditions for safe identification; Evidence – voluntariness of oral confessions where sungusungu involved; Criminal law – recent possession doctrine requires specific identification and corroboration of recovered items.	23 October 2006
Republic vs Joram Laban & Others (HC Consolidated Criminal Appeal No. 32 of 2005) [2006] TZHC 263 (23 October 2006) Convictions quashed: night-time torchlight identifications, uncorroborated accomplice testimony, unproven confession and unidentified recovered property were unsafe. Criminal law – visual identification at night – identification by torchlight unreliable; witness accompanying alleged offenders may be complicit – caution and corroboration required; oral confessions to traditional vigilantes (sungusungu) – prosecution must prove voluntariness; recent possession – recovered items must be conclusively identified and correspond to charge sheet with distinguishing marks.	23 October 2006
Damiani Anord vs Republic (Criminal Appeal No. 46 of 2004) [2006] TZHC 211 (18 October 2006) Conviction for store-breaking upheld on strong identification and possession evidence; mistaken statutory citation held curable. * Criminal law – Store-breaking (s.296(1) Penal Code) – identification and possession of stolen property; empty bags marked with complainant’s initials as corroborative evidence. * Evidence – ocular identification and subsequent discovery of marked property – sufficiency to prove guilt. * Procedure – erroneous citation of Penal Code provision (s.265) – curable under s.388 Criminal Procedure Act where no prejudice shown. * Appeal – appellate court will not disturb trial court findings where evidence is strong and credible.	18 October 2006

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