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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

3 judgments

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3 judgments

Citation	Judgment date
March 2003
Republic vs Mohamed Hussein (Criminal Session Case No 27/1999) [2003] TZHC 516 (5 March 2003) Applicant acquitted where prosecution relied on inadmissible, uncorroborated confessions and failed to call key witnesses or produce exhibits. * Criminal law – Proof beyond reasonable doubt – Requirement for credible, corroborated evidence linking accused to the killing. * Evidence – Confessions – Confessions to village militia (sungu sungu) inadmissible; confession must be to police corporal or above. * Evidence – Voluntariness – Allegations of torture and delay in arraignment undermine voluntariness and reliability of confessions. * Procedure – Duty to call material witnesses and produce exhibits; failure weakens prosecution case. * Criminal procedure – Delay in taking arrested person to court contrary to statutory requirements may create adverse inference.	5 March 2003
September 1990
Barnabas Mpakama vs Moshi Ally (PC Civil Appeal No. 3 of 1990) [1990] TZHC 289 (6 September 1990) Cohabitation without statutory formalities does not amount to a marriage under Section 160, so a court lacks proper ground to grant divorce. * Family law – Law of Marriage Act 1971 – Section 160 – presumption of marriage vs. formal requirements – cohabitation does not of itself constitute a valid marriage. * Family law – Jurisdiction to grant divorce – no jurisdiction where no valid marriage ab initio. * Family law – Religious difference – not sufficient to create or dissolve marriage under statutory scheme.	6 September 1990
April 1989
Republic vs Zablon Paulo @ Paulo Mkoma and Others (Economic Crime Case No. 3 of 1988) [1989] TZHC 381 (27 April 1989) Court convicted only the third accused for unlawful dealing in 63 elephant tusks; others acquitted for insufficient proof. Criminal law – Unlawful dealing in government trophies – whether possession of large number of elephant tusks establishes unlawful dealing; handwriting expert evidence – weight and insufficiency to prove authorship; admissibility and probative value of exhibits (bicycles, motor vehicle, firearms, cash) in linking accused to trafficking; sufficiency of circumstantial evidence to convict.	27 April 1989

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