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

14 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

14 judgments

Citation	Judgment date
April 2015
Juma Idd vs Republic (Criminal Appeal No. 168 of 2011) [2015] TZHC 2745 (30 April 2015) Conviction for unnatural offence quashed where minor's unsworn testimony lacked corroboration and medical evidence was inconclusive. Criminal law – Unnatural offence – Complainant under 18 giving unsworn testimony requires corroboration; hearsay cannot corroborate; medical evidence must be conclusive and exclude reasonable alternative causes to corroborate the complainant’s account.	30 April 2015
Msaghaa Clemence Nkumbi and Others vs Republic (HC Criminal Appeal No. 171 of 2014) [2015] TZHC 2476 (30 April 2015) Convictions for abuse of position quashed where circumstantial and oral evidence were conflicting and elements not proved. Criminal law – Abuse of position (s.31 PCCA) – elements required: holding position, intentional abuse, violation in discharge of functions, obtaining undue advantage. Evidence – circumstantial evidence must be inconsistent with innocence and incapable of reasonable alternative explanation. Criminal procedure – duty of trial court to analyse and reconcile material inconsistencies in witness testimony. Trial irregularity – conviction substituted or varied without proper proof or charge may be unsafe.	30 April 2015
Charles Anangisye Mwamwaja vs Republic (Criminal Appeal No. 82 of 2013) [2015] TZHC 2787 (28 April 2015) The applicant's conviction for stealing Saccos funds was upheld as prosecution proved guilt beyond reasonable doubt and restitution was ordered. Criminal law – Theft by servant – elements: custody of keys, absence of forced entry, missing funds; burden of proof beyond reasonable doubt. Criminal procedure – Burden of proof – accused not required to prove innocence; no improper shift found. Evidence – defence claiming shared access to keys does not create reasonable doubt absent signs of forced entry. Remedies – restitution and conditional discharge as available penalties.	28 April 2015
Charles Anangisye Mwamwaja vs Republic (Criminal Appeal No. 82 of 2013) [2015] TZHC 2789 (28 April 2015) Appellant's conviction for stealing SACCO funds upheld; evidence proved guilt beyond reasonable doubt; appeal dismissed. Criminal law – Theft by servant – evidence of custody of keys and absence of forced entry as basis for inference of theft; Burden of proof – prosecution must prove guilt beyond reasonable doubt; trial court did not shift burden to accused; Evidence – whether defence evidence created reasonable doubt; Sentence – conditional discharge and restitution upheld.	28 April 2015
Consolidated Holding Corporation vs High Soap and Allied Products Limited and Another (Civil Application No.49 of 2014) [2015] TZHC 2705 (24 April 2015)	24 April 2015
Tanzania Revenue Authority vs Edson Mwamtobe (Revision No. 81 of 2014) [2015] TZHC 2704 (24 April 2015)	24 April 2015
Tanzania Union of Industrial and Commercial Workers (TUCO) vs Tanzania China Friendship Textile Co.Ltd (Miscellaneous Labour Application No. 37 of 2013) [2015] TZHC 2640 (24 April 2015) Filing a review in a lower court while an appeal is pending constitutes abuse of court process. Civil procedure – abuse of process – filing a review in a lower/subordinate court while an appeal is pending in the Court of Appeal – frivolous and vexatious proceedings – costs as deterrent.	24 April 2015
Cami Textile Tanzania Ltd vs Wong Thing Poh (Miscellaneous Labour Application No. 267 of 2014) [2015] TZHC 2496 (22 April 2015) Application for extension and restoration struck out for procedural incompetence due to non‑citation of enabling rules. Labour Court procedure — extension of time and restoration of dismissed application — procedural competence — non‑citation/wrong citation of enabling provisions (Rule 24(3), Rule 56 sub‑rules) — jurisdictional objection raised suo motu — application struck out.	22 April 2015
Cami Textile Tanzania Ltd vs Wong Thing Poh (Miscellaneous Labour Application No. 267 of 2014) [2015] TZHC 2706 (22 April 2015)	22 April 2015
Caroli Nkunga vs Commissioner General of Prisons and Another (Misc. Civil Application No. 25 of 2013) [2015] TZHC 2808 (20 April 2015) Application for leave to seek prerogative orders dismissed as filed under wrong provisions and time‑barred. Administrative law – prerogative orders – application for leave to apply for mandamus/prohibition – correct enabling provision is section 19(3) of the Law Reform Act – six‑month limitation – wrong citation renders application incompetent – time‑barred application dismissed under Limitation Act.	20 April 2015
DR. Charles V.M. Mgana vs Patritosh Palav and Another (Misc. Civil Application No. 115 of 2014) [2015] TZHC 2845 (14 April 2015) Applicant granted extension to appeal after showing that caring for his terminally ill son constituted sufficient cause. Civil procedure – extension of time – sufficient cause – caring for terminally ill close relative as cause – affidavit and medical records as supporting evidence.	14 April 2015
Joseph s/o Mwenda vs Republic (Criminal Appeal No. 49 of 2014) [2015] TZHC 2494 (14 April 2015) A defective charge sheet that fails to disclose an offence renders proceedings a nullity; appeal allowed and appellant released. Criminal procedure – Charge sheet particulars – Whether particulars satisfy section 132 Criminal Procedure Act by giving reasonable information as to the nature of the offence. Power of court under section 129 CPA to refuse admission of an improper charge. Effect of a charge that does not disclose an offence known in law – proceedings are a nullity. Reliance on precedent that defective charge vitiates subsequent conviction and sentence.	14 April 2015
Bonaventure Ngalyoma vs Gallus Likombile (Land Appeal 5 of 2013) [2015] TZHC 2075 (10 April 2015) Court set aside tribunal judgment: limitation cannot be decided without hearing parties; allocation/adverse possession not proven by respondent. Land law – trespass – limitation – Court must allow parties to be heard if limitation is raised after close of evidence; Adverse possession – must be pleaded and strictly proved; Allocation by village – burden to prove allocation lies on claimant; Trial procedure – tribunal must evaluate assessors' opinions and evidence properly.	10 April 2015
Abuu Shomari Kapalila and Others vs Republic (Criminal Appeal No. 78 of 2014) [2015] TZHC 2491 (1 April 2015) Visual identification without a proper parade or corroboration is unsafe; convictions quashed and sentences set aside. Criminal law – Armed robbery – Visual identification – Identification parade procedures – Admissibility and probative value of parade registers – Corroboration of identity – PF3 medical evidence – Procedural compliance under Criminal Procedure Act.	1 April 2015