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

10 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

10 judgments

Citation	Judgment date
March 2008
Yusuph Rwekaza vs Republic (HC Criminal Appeal No. 70 of 2007) [2008] TZHC 309 (4 March 2008) Failure to conduct voir dire and improper admission of PF3 and s.34B statement vitiated the rape conviction and sentence. Evidence — Child witnesses — voir dire under s.127(2) Evidence Act — court must satisfy and record understanding of oath or capacity to distinguish truth from falsehood before receiving child evidence. Criminal procedure — Medical evidence (PF3) — trial court must inform accused of right to have medical officer summoned (s.240(1) CrPC); failure renders PF3 improperly admitted. Evidence Act s.34B — requirements for tendering unavailable witness statements (grounds for unavailability and exhibition to accused in advance) are mandatory. Conviction cannot stand where the prosecution relies mainly on improperly admitted child and medical evidence.	4 March 2008
February 2008
Nikilikeje Fredrick vs Republic (Criminal Appeal No. 68 of 2007) [2008] TZHC 279 (28 February 2008) Rape conviction quashed where identity was doubtful and the trial court failed to warn on uncorroborated complainant evidence. Criminal law – Sexual offences – Rape – Identification of assailant – Where complainant did not immediately identify attacker, conviction unsafe without corroboration. Evidence – Corroboration – Necessity of corroboration and cautionary warning in adult sexual-offence cases. Evidence – Identification and arrest – Conflicting accounts of apprehension and failure to call key witness (village chairman) undermine reliability. Criminal procedure – Appellate review – Conviction quashed where trial court relied on uncorroborated evidence and misconstrued facts.	28 February 2008
Helmet S/O Elias vs Republic (H/C Criminal Appeal No. 18 of 2003) [2008] TZHC 341 (26 February 2008) Conviction quashed where PF3 was admitted without informing accused of right to summon medical officer and identification was doubtful. Criminal procedure — Admission of PF3 — mandatory duty under s.240(1) Criminal Procedure Code to inform accused of right to summon medical officer; failure invalidates PF3's evidential weight. Evidence — identification — effect of time (evening) and absence of evidence about lighting on correctness of identification. Criminal evidence — corroboration and calling of witnesses who purportedly responded to alarm — failure weakens prosecution case.	26 February 2008
Helmet S/O Elias vs The Republic (HC Criminal Appeal No. 18 of 2003) [2008] TZHC 365 (26 February 2008) Failure to inform an unrepresented accused of the right to summon the medical officer invalidated PF3 and, with doubtful identification, conviction was unsafe. Criminal procedure – Admission of PF3 – Mandatory duty to inform accused of right to summon medical officer under s.240(1) CPC – Failure renders PF3 inadmissible; Identification – time and lighting conditions material to safe identification; Sufficiency of evidence – prosecution must exclude reasonable doubt and call corroborating witnesses where relevant.	26 February 2008
Joyce d/o Alex vs Burchard s/o Kawaya (PC Criminal Appeal No. 2 of 2007) [2008] TZHC 314 (26 February 2008) Acquittal upheld where claimant’s evidence was incoherent and insufficient and procedural complaints lacked record support. Criminal law – assault occasioning actual bodily harm – sufficiency of evidence in primary court; Appellate review – affirmation of acquittal where evidence is inadequate; Evidence – oral testimony must be coherent and supported by witnesses where necessary; Procedural complaints – must be borne out by the record of proceedings.	26 February 2008
Papian Antony & Others vs Republic (Consolidated Criminal Appeal No. 23 of 2007) [2008] TZHC 268 (25 February 2008) Night-time in-house visual identification on moonlight alone was unsafe; convictions quashed and appellants released. Criminal law – Evidence – Visual identification – Reliability of night-time identification made inside a dwelling; adequacy of moonlight as lighting. Identification – Familiarity of witness with accused insufficient where prevailing conditions were unfavourable. Appeal – Conviction unsafe where identification evidence is unreliable.	25 February 2008
Seleman Mnyambo & Another vs Daniel Maino (HC Civil Appeal No. 7 of 2007) [2008] TZHC 244 (22 February 2008) Appeal dismissed on merits; committal warrant to civil prison quashed for procedural defects. Civil procedure — Order VIII r.14(1) — Effect of failure to file written statement of defence — Discretion to pronounce judgment or make other orders; non-compliance curable if no prejudice. Execution — Committal to civil prison — Order XXI r.28 and Order 35 — Requirement for notice to show cause and fixing subsistence; oral post-decree committal without compliance is invalid.	22 February 2008
Festo Joas vs Republic (HC Criminal Appeal No. 58 of 2007) [2008] TZHC 308 (19 February 2008) Conviction based on dead suspects' hearsay and an improperly admitted confession was unsafe and quashed. Criminal law – Evidence – Hearsay – Implicatory statements by deceased suspects inadmissible; Criminal procedure – Confession – Cautioned statement must be shown voluntary (trial‑within‑a‑trial) before admission; Conviction unsafe where key evidence is excluded.	19 February 2008
Muzamiru Mariki vs Republic (Criminal Appeal No. 33 of 2004) [2008] TZHC 317 (5 February 2008) Conviction based on uncertain night-time visual identification and hearsay was quashed for insufficient evidence. Criminal law – Identification evidence – Reliability of night-time visual identification using a torch – Sufficiency of evidence to support conviction. Evidence – Hearsay – Statements attributed to a tortured suspect who later died – Weight and admissibility as proof against accused. Criminal procedure – Preliminary hearing – Calling an unlisted witness without leave/notice – Procedural irregularity. Appeal – Safety of conviction – Overturning conviction where identification evidence is insecure.	5 February 2008
January 2008
Lucas Leonard vs Marian Deogratias (PC Criminal Appeal No. 18 of 2006) [2008] TZHC 377 (17 January 2008) Primary Court conviction quashed because assessors' opinions were not taken and the judgment remained unsigned. Criminal procedure – Primary Court proceedings – nullity where assessors not called to give opinion and judgment unsigned – appellate revision to quash conviction.	17 January 2008