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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
May 1975
Republic vs Clemence s/o Ngombolwa (Criminal Sessions Case No. 28 of 1974) [1975] TZHC 275 (14 May 1975) Sudden and grave provocation reducing murder to manslaughter applies where a misdirected blow accidentally kills a third party. * Criminal law – Homicide – Distinction between murder and manslaughter – effect of sudden and grave provocation. * Criminal law – Misdirected retaliation – accidental killing of a third party when intending grievous harm to the provoker; applicability of section 201. * Evidence – Credibility and inconsistencies of sole prosecution eyewitness; weight given to assessors' opinions. * Sentencing – Mitigation considered (relationship to deceased, remorse, time in custody).	14 May 1975
Republic vs Andongwisye s/o Mwampepo & Another (Criminal Sessions Case No. 52 of 1974) [1975] TZHC 271 (12 May 1975) Accused who used necessary force when attacked and to rescue another were acquitted on self‑defence grounds. Criminal law – murder – causation – self‑defence – retreat and defence of another – reasonableness of force – acquittal.	12 May 1975
February 1975
Republic vs Hassan s/o Mkumbu (Criminal Sessions Case No 140 of 1973) [1975] TZHC 66 (27 February 1975) Accused committed the killing but was found legally insane; court entered a special not‑guilty‑by‑reason‑of‑insanity finding and ordered detention. * Criminal law – Insanity – Paranoid schizophrenia – Expert psychiatric report and assessors’ unanimous opinion establishing lack of criminal responsibility. * Criminal Procedure Code s.168 – Special finding of not guilty by reason of insanity and statutory referral to Minister for Justice. * Detention of accused as a criminal lunatic pending administrative decision.	27 February 1975

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