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
October 2014
Mwesige Geofrey and Another vs The Republic (HC Criminal Appeal No. 29 of 2014) [2014] TZHC 2881 (31 October 2014)	31 October 2014
Mwesige Geofrey & another vs Republic (HC Criminal Appeal No. 29 of 2014) [2014] TZHC 2308 (31 October 2014) A notice of intention to appeal filed at the High Court within time is valid; preliminary objection dismissed. Criminal Procedure Act, s.361(1)(a) – notice of intention to appeal – place of filing not specified. Interpretation – omission deliberate; provisions to be read in context. Distinction from s.379(1)(a) (DPP) which expressly prescribes filing in subordinate court. Filing at High Court within time may be valid if no prejudice. Preliminary objection against validity of notice dismissed.	31 October 2014
August 2014
Sospeter Kitengule vs Samson Kitengule (PC Civil Appeal No. 151 of 1997) [2014] TZHC 2443 (12 August 2014) An appeal filed outside the 30‑day period without leave is time‑barred and dismissed. Civil procedure – PC civil appeal – Time limits for filing appeals – Appeal filed outside the 30‑day period prescribed by s.25(1)(b) MCA 1984 – Leave required to file out‑of‑time appeal – Failure to seek leave renders appeal time‑barred and liable to dismissal.	12 August 2014
July 2014
Republic vs Crospery s.o Gabriel & Others (Criminal Session Case No. 13 of 2013) [2014] TZHC 2401 (3 July 2014) Court rejected weak night-time identifications, convicted two for murder on common intention, acquitted four for lack of proof. Criminal law – Visual and aural identification at night – Waziri Aman safeguards and need for watertight identification. Evidence – reliability of torchlight versus wick-lamp illumination; credibility and demeanour of witnesses. Defence – alibi must raise reasonable doubt and may be given little weight if easily provable but unsupported. Common intention (s.23 Penal Code) – presence, conduct and dissociation considered in inferring joint liability.	3 July 2014
The Republic vs Crospery S/O Gabriel and Others (Criminal Sessions Case No. 13 of 2013) [2014] TZHC 2823 (3 July 2014) Unreliable night identification and uncorroborated alibis led to convictions of two accused for murder; four acquitted. Criminal law – Identification evidence at night; reliability of voice and torchlight identification; sufficiency of wick‑lamp illumination; defence of alibi — evidential weight; common intention (s.23 Penal Code); mandatory sentence for murder (s.197 Penal Code).	3 July 2014
June 2014
Simon Ndikulyaka vs The Republic (HC Criminal Appeal No. 71 of 2013) [2014] TZHC 2527 (16 June 2014) A guilty plea bars appeal against conviction except in narrow exceptions; appellant understood charge and sentence was upheld. Criminal law – plea of guilty – appealability – section 360(1) Criminal Procedure Act – appellant who pleads guilty may only appeal as to extent or legality of sentence; exceptions (misunderstanding of charge or insufficiency of admitted facts) must be shown; sentence within statutory range not interfered with.	16 June 2014
March 2014
Tanzania Revenue Authority & Others vs Zinunula Corporation (T) LTD. (Civil Revision 3 of 2013) [2014] TZHC 2172 (17 March 2014) Expunging a joint defence and proceeding ex parte against timely defendants breaches their constitutional right to be heard. Civil procedure — Joint written statement of defence — Where some defendants file in time and others do not, court should permit timely defendants to amend WSD rather than expunge whole plea and proceed ex parte; denial of hearing is a serious irregularity; review and quashing of ex parte orders appropriate.	17 March 2014
February 2014
Joseph Mukwano & Another vs Republic (Criminal Application 6 of 2013) [2014] TZHC 2234 (28 February 2014) The applicant's review applications filed beyond Rule 66(3)'s 60‑day limit were held incompetent and struck out. Criminal procedure – Review applications – Time limits – Rule 66(3) Court of Appeal Rules, 2009 – Applications filed after 60 days are incompetent and liable to be struck out; remedy is application for extension of time.	28 February 2014
Munziru Amri Mujibu & Another vs Republic (Criminal Appeal 151 of 2012) [2014] TZHC 2103 (24 February 2014) Conviction quashed where armed robbery charge omitted essential ingredient and alibi/identification defects made conviction unsafe. Criminal law – Armed robbery – charge particulars must allege the person on whom violence was used as required by s.287A; omission renders charge incurably defective; Criminal procedure – Alibi – accused need only give notice, no affidavit required; failure to consider alibi is fatal; Evidence – Visual identification – must be watertight, consider lighting, observation time, distance and witness credibility; Identification parade absence and witness contradictions undermine conviction; Conviction unsafe where charge defect, ignored alibi and unreliable identification coexist.	24 February 2014
Munziru Amri Mujibu & Another vs Republic (Criminal Appeal No. 151 of 2012) [2014] TZHC 2580 (1 February 2014) A defective armed robbery charge and failure to consider alibi rendered identification-based convictions unsafe. Criminal law – Armed robbery – charge must allege person against whom violence was used or threatened under s.287A; defective charge is incurable. Criminal procedure – Alibi – accused need only give notice; courts must consider alibi and prosecution must investigate; affidavit not required. Evidence – Visual identification – weakest form; must be watertight (lighting, observation time/distance, prior acquaintance, identification parade). Conviction unsafe where charge defects, untreated alibi and unreliable identification combine.	1 February 2014