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

11 judgments

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11 judgments

Citation	Judgment date
January 1970
Simon s/c Fabian vs Republic (Criminal Appeal No. 17 of 1970) [1970] TZHC 104 (26 January 1970) Appellant’s alibi rejected; credible eyewitness identification upheld; convictions and consecutive sentences confirmed; appeal summarily dismissed. Criminal law – theft and office-breaking – identification evidence – credibility of eyewitness identification and connection of vehicle to subsequent offence. Criminal procedure – alibi – assessment and rejection where defence evidence inconsistent. Sentencing – consecutive terms and corporal punishment upheld; previous conviction relevant. Appeal – summary rejection where no sufficient grounds.	26 January 1970
Simon s/c Fabian vs Republic (Criminal Appeal No. 17 of 1970) [1970] TZHC 176 (26 January 1970) Appellant’s alibi and coaching allegations insufficient to undermine reliable eyewitness identification; appeal dismissed and sentences confirmed. Criminal law – identification evidence and reliability of eyewitness testimony; alibi defence – sufficiency and credibility; linking stolen vehicle to related offence; appellate review of credibility findings; consecutive sentences; summary rejection of meritless appeal.	26 January 1970
Albano J. Abdallah vs Republic (Criminal Appeal No. 122 of 1970) [1970] TZHC 638 (1 January 1970) Appeal summarily rejected where appellant pleaded guilty, admitted prosecution facts, and received the prescribed minimum sentence. Criminal law – guilty plea and admission of facts – competence of appeal; Sentencing – minimum prescribed sentence – no ground for interference; Summary rejection of appeal for lack of sufficient grounds (s.317).	1 January 1970
Edward Anosisye vs Republic (Criminal Appeal No. 794 of 1970) [1970] TZHC 91 (1 January 1970) The applicant’s appeal was dismissed; conviction and two-year sentence for rape upheld due to credible, corroborated evidence. Criminal law – Rape – Evidence and credibility of complainant and eyewitness – Corroboration – Weight of unsworn statement – Appeal lacking substance – Sentence not excessive.	1 January 1970
Masengo Nguruwe & Another vs Republic (Criminal Appeal No. 98 of 1970) [1970] TZHC 88 (1 January 1970) Appeal concerns sufficiency and reliability of identification evidence and appropriateness of conviction, sentence and compensation in cattle-theft case. Criminal law – Theft of cattle – Identification evidence at auction – Reliability of visual identification and corroboration by police – Arrest and seizure at point of sale – Sentence and compensation orders.	1 January 1970
Mathias Mganga and 3 Others vs Republic (Criminal Appeals No. 163-166 of 1970; Criminal Appeals No. 163-166 of 1970; Criminal Appeals No. 163-166 of 1970; Criminal Appeals No. 163-166 of 1970) [1970] TZHC 93 (1 January 1970) The appellants' robbery convictions were upheld based on reliable identification and proper trial procedure. Criminal law – Robbery with violence – Identification evidence at night – adequacy of light and familiarity of victims with assailants. Criminal procedure – Right to call witnesses – whether accused were denied opportunity to call witnesses. Sentencing – confirmation of three-year terms and corporal punishment. Pleadings/appeal – summary dismissal and certification where appeals lack sufficient grounds.	1 January 1970
Mohamedi Selemani vs Republic (Criminal Appeal No. 7 of 1970) [1970] TZHC 94 (1 January 1970) Appellant’s conviction for obstructing a train upheld due to credible police evidence and no reasonable doubt. Criminal law – Obstruction of railway – Sufficiency and credibility of police eyewitness evidence – Burden on accused to call corroborating witnesses or successfully challenge prosecution evidence – Sentencing: seriousness of railway obstruction and appropriateness of custodial term.	1 January 1970
Mwaipenya vs Republic (Criminal Appeal No. 64 of 1970) [1970] TZHC 640 (1 January 1970) Conviction for theft by a public officer upheld following deference to trial court’s credibility findings; sentence considerations noted. Criminal law – Theft by public officer (ss. 265, 270 Penal Code) – Appeal against conviction – Assessment of witness credibility – Appellate interference only where trial court's credibility findings are unsupported; Sentencing – Minimum Sentences regime and previous convictions considered.	1 January 1970
Nalogo vs Republic (Criminal Appeal No. 150 of 1970) [1970] TZHC 636 (1 January 1970) Appellate court confirmed robbery conviction on positive identification and summarily rejected the appeal as meritless. Criminal law – Robbery with violence – identification evidence: calling out assailant’s name during attack and prompt report to police – appellate deference to trial magistrate’s credibility findings – summary rejection of appeal for want of merit.	1 January 1970
Omari Adballah vs Republic (Criminal Appeal No. 403 of 1970) [1970] TZHC 639 (1 January 1970) Appellate review found material inconsistencies in evidence and a bail revocation linked to alleged bribery, creating reasonable doubt. Criminal law – credibility of complainant and witnesses – inconsistencies and contradictions in testimony – effect on proof beyond reasonable doubt. Criminal procedure – revocation of bail – alleged connection to offer of a bribe and effect on fairness of detention and evidence. Evidence – assessment of accomplice/corroborative testimony and handover of money.	1 January 1970
Republic vs Juma Shaabani (Criminal Appeal No. 151 of 1970) [1970] TZHC 645 (1 January 1970) Appeal against housebreaking and theft convictions dismissed; trial court credibility findings and sentences upheld. Criminal law – housebreaking (s.294(1) Penal Code) and theft (s.265 Penal Code) – possession and identification of stolen property – evaluation of credibility and circumstantial inferences. Appeal – scope of appellate review of magistrate’s findings of fact and credibility. Mental capacity – suggestion of unsound mind on record noted but not shown to invalidate conviction.	1 January 1970