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

10 judgments

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10 judgments

Citation	Judgment date
September 1973
Republic vs Omar Mansur (Criminal Sessions Case No. 29 of 1973) [1973] TZHC 3 (21 September 1973) Persistent insults and cumulative provocation reduced a murder charge to manslaughter; accused convicted and sentenced. Criminal law – Provocation as partial defence reducing murder to manslaughter; cumulative conduct and immediacy of provocation; admissibility of hearsay under Evidence Act s.62(b); sentencing considerations for first offender.	21 September 1973
August 1973
The Republic vs Ernest Pekas and Others (Criminal Sessions No. 24 of 1973) [1973] TZHC 4 (16 August 1973) No case to answer where prosecution relied on a single intoxicated, uncorroborated eyewitness contradicted by the premises owner. Criminal law – no case to answer – sufficiency and credibility of evidence; single intoxicated eyewitness – lack of corroboration and contradictory evidence from premises owner; medico-legal cause of death: severe head injury.	16 August 1973
Republic vs Abed Tokambali (Criminal Sessions Case No. 209 of 1971) [1973] TZHC 36 (3 August 1973) Accused found legally insane at the time of the killings and ordered detained as a criminal lunatic. Criminal law – Insanity defence – burden and standard of proof – accused presumed sane until defence proves insanity on balance of probabilities; psychiatric evidence on paranoid schizophrenia accepted; special finding under s.168(1) Criminal Procedure Code and detention as criminal lunatic under s.168(2)(a).	3 August 1973
June 1973
Republic vs Mussa s/o Mnape (Criminal Revision No. 33 of 1973) [1973] TZHC 394 (27 June 1973) Revisional court confirmed maximum sentence for injuring communal property, prioritising deterrence and public interest. * Criminal law – Offence of injuring an animal – s.325 Penal Code – sentencing. * Sentencing principles – consideration of nature of offence, offender’s circumstances and public interest. * Protection of communal/Ujamaa property – deterrence and salutary sentences. * Revision – when appellate/revisional court should not interfere with trial court’s sentence.	27 June 1973
April 1973
Yustas E. Rwegasila vs Republic (HC Criminal Appeal No. 295 of 1972) [1973] TZHC 397 (24 April 1973) Self-defence rejected; conviction for grievous harm upheld; sentence reduced to nine months and compensation ordered. * Criminal law – Offence of grievous/actual bodily harm – Stab wounds and abdominal injuries as evidence of serious injury; * Self-defence – requirements and limits; where attacker initiates assault defensive plea fails; * Appellate review – evaluation of magistrate’s findings on credibility and misdirection; * Sentence – appellate reduction for youth and first-offender status; award of modest compensation.	24 April 1973
March 1973
Issa Juma Mkuu vs Republic (High Court Criminal Appeal No. 294 of 1972) [1973] TZHC 399 (16 March 1973) Whether evidence supports conviction for obtaining money by false pretences and whether the probationary sentence should be altered. Criminal law – Obtaining money by false pretences – Sufficiency and credibility of evidence; Sentencing – probation is not strictly a sentence; appellate discretion to enhance sentence but decline where inappropriate.	16 March 1973
Republic vs Raphael K. Alphonce & Another (Criminal Appeals Nos. 560 and 562 of 1971; Criminal Appeals Nos. 560 and 562 of 1971) [1973] TZHC 393 (3 March 1973) Whether summary dismissal under s.317 is appropriate and when in forma pauperis leave and time extensions should be granted. * Criminal procedure – Section 317, Criminal Procedure Code – summary rejection of appeals – whether High Court may summarily dismiss appeal without oral argument. * Civil/criminal procedure – leave to appeal in forma pauperis – Rule 49A (1954 Rules) – proof of indigence. * Appellate procedure – extension of time to appeal to raise question of law. * Procedural fairness – right to call/recall witnesses and reliance on affidavits in criminal trial. * Evidence – mistaken identity as ground for appeal.	3 March 1973
February 1973
Director of Public Prosecutions vs Anastasia Joseph Menge (Criminal Appeal No. 598 of 1971) [1973] TZHC 12 (24 February 1973) Late appeal admitted due to premature return of exhibits; acquittal for stealing by agent upheld on reasonable doubt. Criminal law – stealing by an agent (s.273(c) Penal Code) – conversion and fraudulent intent (s.258(2)(e)) – property received on behalf of another (s.262). Criminal procedure – time for appeal and admission out of time (s.335(b)(ii)) – exhibits prematurely returned by trial court as good cause. Evidence – spouse testimony (s.130(4) Evidence Act) – corroboration rule inapplicable where central issue is prosecution’s burden to prove accused’s misappropriation beyond reasonable doubt. Distinction between agent and servant in custody/possession of entrusted monies.	24 February 1973
Fadhili Mohamed & Another vs Republic (Criminal Appeal No 247 & 248 of 1972; Criminal Appeal No 247 & 248 of 1972) [1973] TZHC 395 (2 February 1973) Appellants' convictions based on weak, indistinct identification of stolen property were unsafe and quashed. * Criminal law – Theft/burglary – Identification of stolen property – Requirements for reliable identification and proper procedure when complainant reports loss; evidence of indistinct/common features may render conviction unsafe.	2 February 1973
Masudi s/o Maganje vs Republic (Criminal Appeal No. 237 of 1972) [1973] TZHC 396 (2 February 1973) Conviction for theft by servant quashed where prosecution failed to prove misappropriation beyond reasonable doubt; loan defence accepted. Criminal law – Theft by servant – Sufficiency of evidence – Credibility of prosecution witnesses and documentary minutes – Defence of loan accepted – Conviction quashed where proof beyond reasonable doubt absent.	2 February 1973