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

12 judgments

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12 judgments

Citation	Judgment date
August 1972
Republic vs Exavery S/O Kalumbaleza (Criminal Sessions Case No. 42 of 1972) [1972] TZHC 108 (12 August 1972) Convicted as accessory after the fact to murder on credible witness testimony; sentenced to 18 months' imprisonment. Criminal law – accessory after the fact to murder (s.213 Penal Code) – credibility of witnesses – enmity alleged – proof beyond reasonable doubt – mitigation and sentencing below statutory maximum.	12 August 1972
Republic vs Jackson S/o Wega and Another (Criminal Sessions Case No. 24 of 1972) [1972] TZHC 107 (11 August 1972) Prosecution failed to prove murder; second accused acquitted; first accused convicted of assault causing actual bodily harm and sentenced. Criminal law – Murder – causation between alleged assault and later death – medical evidence on freshness of wound – credibility of witnesses and omissions – acquittal where murder not proved – conviction on lesser offence (assault causing actual bodily harm, s.241 Penal Code).	11 August 1972
Republic vs Mofati s/o Lutungulo (Criminal Sessions Case No 222 of 1971) [1972] TZHC 126 (10 August 1972) Accused convicted of manslaughter after stabbing death; provocation and intoxication raised reasonable doubt on intent to kill. Criminal law – Homicide – distinction between murder and manslaughter; credibility of eyewitnesses and dying declarations; effect of provocation and intoxication on mens rea for murder; use of lethal weapon as evidence of intent to cause grievous harm.	10 August 1972
Republic vs Wilson s/o Msyiane (Criminal Sessions Case No. 22 of 1972) [1972] TZHC 104 (10 August 1972) Arson causing death amounted to manslaughter; malice aforethought for murder was not proved. Criminal law – Arson causing death – Distinction between murder and manslaughter – Requirement of malice aforethought under s200 Penal Code – Child witness evidence and corroboration – Felonious act causing death not automatically murder.	10 August 1972
Republic vs Johnson s/o Mbolea (Criminal Sessions Case No. 45 of 1972) [1972] TZHC 99 (7 August 1972) Assault caused ruptured spleen and eventual death, but lack of proven malice reduced conviction from murder to manslaughter. * Criminal law — Homicide — Causation: unlawful assault causing ruptured spleen leading to fatal post‑operative complications establishes causation. * Murder vs Manslaughter — Malice aforethought: use of non‑lethal weapon, single blow, and intoxication can give rise to reasonable doubt on intent. * Evidence — Chain of custody: proper proof of custody of weapon exhibit is essential. * Procedure — Particulars of charge: date of offence should be date of wrongful act, not date of death (curable irregularity).	7 August 1972
Republic vs Julius s/o Mbegese (Criminal Sessions Case No.25 of 1972) [1972] TZHC 101 (7 August 1972) Medical and forensic evidence indicating drowning can defeat a murder charge despite witnesses that the accused admitted and committed an assault. * Criminal law – murder – causation – medical/post-mortem evidence may displace an inference of fatal assault where it indicates death by drowning. * Criminal law – circumstantial evidence – admissions and corroborative witness statements can establish assault even if no eyewitness saw the assault. * Criminal law – conviction on lesser included offence – where murder is not proved, accused may be convicted of assault causing actual bodily harm (s.241). * Evidence – weight of post-mortem and scene examination where no external injuries are observed.	7 August 1972
March 1972
Republic vs Yusuf s/o Bahtu (Criminal Sessions Case No. 130 of 1971) [1972] TZHC 67 (10 March 1972) An accused cannot be convicted on the uncorroborated testimony of an inconsistent, tardy single identifying witness. Criminal law – Identification evidence – single identifying witness – caution required where witness is inconsistent, delayed and passive; Corroboration – medical evidence inconclusive as to weapon; Circumstantial evidence – insufficiency to prove guilt beyond reasonable doubt; Acquittal for failure to discharge burden of proof.	10 March 1972
Republic vs Teacher s/o Mr. Akibinga (Criminal Sessions Case No. 177 of 1971) [1972] TZHC 65 (8 March 1972) Acquittal where medical cause proved but eyewitnesses’ contradictory, delayed accounts failed to establish guilt beyond reasonable doubt. Criminal law – proof beyond reasonable doubt – reliability of eyewitnesses – acquiescent witnesses and delay in reporting – weight of inconsistent testimony in murder charge.	8 March 1972
February 1972
Republic vs Anyosisye S/O Mwakyando (Criminal Sessions Case No. 114 of 1972) [1972] TZHC 35 (8 February 1972) Accused unlawfully assaulted victim causing fatal head injury; intent to kill not proved, convicted of manslaughter and sentenced severely. Criminal law – Homicide – Evidence of eyewitnesses, medical proof of fatal head injury and dying declaration – Distinguishing murder (malice aforethought) from manslaughter where intent to kill or cause grievous harm is not proved.	8 February 1972
January 1972
Republic vs Anyosisye s/o Mwakyando (Criminal Sessions Case No. 114 of 1972) [1972] TZHC 298 (1 January 1972)	1 January 1972
Republic vs Chepe Kalangali (Criminal Sessions Case No. 116 of 1972) [1972] TZHC 299 (1 January 1972) Whether circumstantial and testimonial evidence proved the accused’s gross negligence in the toddler’s death (manslaughter). * Criminal law – Manslaughter – Allegation of gross negligence causing death – Requirement that prosecution prove causation beyond reasonable doubt. * Evidence – Credibility and admissibility – Voluntary testimony by non‑compellable spouse and lay witness statements. * Circumstantial evidence – Use of attendant facts (locked house, accused leading searchers, post‑mortem mutilation) to establish unlawful killing. * Defence plea – Alternative account (child with mother) creating reasonable doubt as to accused's culpability.	1 January 1972
Republic vs Raphael s/o Songareti and Another (Criminal Sessions Case No. 21 of 1972) [1972] TZHC 300 (1 January 1972) Voluntary confessions and overt acts, even if the substance proved non‑poisonous, supported convictions for attempted murder. Criminal law – Attempted murder: elements — intent, commencement of execution, and overt proximate act; admissibility and weight of voluntary extra‑judicial statements; accused's mistaken belief about the lethal quality of a substance not a defence to attempt.	1 January 1972