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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

6 judgments

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1997
1991

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6 judgments

Citation	Judgment date
October 1997
Republic vs Zacharia s/o Chikuba (Criminal Sessions Case No. 81 OF 1993) [1997] TZHC 681 (1 October 1997) Child eyewitness identification and disproved alibi supported conviction for premeditated joint murder; sentenced to death. Criminal law – identification evidence by child witnesses under limited illumination; alibi disproval; malice aforethought and joint principal liability; corroboration by post-mortem and conduct after offence; procedural note on assessors' verdicts and absence at judgment.	1 October 1997
February 1997
John Jacob vs Republic (Criminal Appeal No. 109 of 1996) [1997] TZHC 425 (28 February 1997) Appellate court quashed improper substitution to a more serious offence and convicted appellant for unlawful possession instead. Criminal law – Substitution of charges under s.300 Criminal Procedure Act – only a lesser offence may be substituted; unlawful substitution of more serious offence (s.311) quashed. Evidence of guilty knowledge – possession and burial of goods, role as seller – supports conviction under s.312(b) (possession of unlawfully obtained property). Sentence concurrency and credit for time served.	28 February 1997
John Jacob vs Republic (Criminal Appeal No. 109 of 1996) [1997] TZHC 517 (28 February 1997) Substituting a more serious offence under s.300 CPA is unlawful; evidence supported conviction for possession of unlawfully obtained property (s.312). Criminal law – substitution of offences under s.300 CPA – substitution to a more serious offence unlawful; possession of unlawfully obtained property (s.312) – guilty knowledge inferred from confession, sale activity and burial of property; sentencing – concurrent sentences and credit for time served.	28 February 1997
Republic vs Fredrick Ntapanya (Criminal Revision 8 of 1996) [1997] TZHC 610 (27 February 1997) Mitigatory claims of inheritance or licence application do not vitiate an unequivocal guilty plea; statutory minimum sentence remained appropriate but was not substituted. Criminal law – unlawful possession of firearm – plea of guilty and mitigation – inheritance and licence applications do not vitiate unequivocal guilty plea; Arms and Ammunition Act requires licence even for inherited firearms. Sentencing – Minimum Sentences Act s.6 – conditions for departing from minimum must be satisfied; court may correct record on revision but may decline to substitute sentence where fines already executed. Forfeiture – firearms ordered forfeited to the State. Recognisance – good behaviour bonds as alternative preventive measure.	27 February 1997
Republic vs Fredrick t/o Ntapanya (Criminal Revision 8 of 1996) [1997] TZHC 596 (27 February 1997) Mitigatory claims of customary inheritance do not negate an unequivocal guilty plea; seven-year minimum was appropriate but not enforced; guns forfeited. * Criminal law – unlawful possession of firearms – licence requirement applies despite customary inheritance; inheritance does not negate mens rea or licence obligations. * Plea of guilty – mitigatory facts do not vitiate an unequivocal plea where facts admitted establish the offence. * Sentencing – Minimum Sentences Act s.6 (1972) – mandatory seven-year term for unlawful possession; departure requires special circumstances; statutory monetary threshold (shs.100/=) outdated. * Revision – where sentence already executed and time elapsed, court may recognize correct sentence without imposing fresh custody. * Property forfeiture – seized firearms forfeited to the State; recognisance under s.33 Penal Code as preventive measure.	27 February 1997
August 1991
Aletas Matajiri vs Republic (High Court Criminal Appeal No. 179 of 1990) [1991] TZHC 2401 (7 August 1991) Appeal allowed where desertion was negated by formal leave and accessory charge was not proved beyond reasonable doubt. Criminal law – burden and standard of proof – conviction for desertion – effect of formal leave granted to prisoner; accessory after the fact – requirement to prove knowledge and assistance; insufficiency of evidence leads to quashing of conviction.	7 August 1991

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