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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. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
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https://jmap.judiciary.go.tz/jmap/jmap-hc
7 judgments
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7 judgments
Citation
Judgment date
December 1977
Luka S/O Mwaibambe vs Peter Mwaitulo (PC Civil Appeal No:1/77) [1977] TZHC 448 (27 December 1977)
Appeal dismissed: primary court’s jurisdiction and credibility findings for the respondent affirmed; assessor and procedural objections unfounded.
* Civil procedure – second appeal – appellate restraint on factual findings and witness credibility absent misdirection. * Assessors – complaint of assessor relationship – objection must be raised at trial; trial properly constituted with magistrate and two assessors. * Jurisdiction – primary court stations within same district share concurrent jurisdiction (Magistrate’s Courts Act s.9.4(1)). * Alternative dispute resolution – no mandatory referral to conciliatory board for ordinary civil claims (except matrimonial matters). * Evidence – corroborating witness elevated claim above mere preponderance; appellate court will not interfere.
 27 December 1977
Daudi Mwankupili vs Aron Mwakibinga (PC Civil Appeal No. 55 of 1977) [1977] TZHC 445 (20 December 1977)
A transfer in breach of an attachment order cannot confer good title; seizure in execution is lawful, purchaser’s remedy is against the seller.
* Civil procedure – Attachment orders – Effect of court attachment on third‑party dealings; transfer made in defiance of attachment cannot vest good title. * Property law – Bona fide purchaser – Limits where seller’s property is subject to judicial process; purchaser’s remedy is personal claim against seller. * Execution – Lawful seizure of attached property to satisfy judgment.
 20 December 1977
November 1977
Joseph S/O Lema vs Republic (High Court Criminal Appeal No. 72 of 1977) [1977] TZHC 260 (24 November 1977)
Appeal against forfeiture dismissed: trial court properly exercised discretion where appellant’s reasons for keeping controlled millet were not credible.
Criminal law – Forfeiture — Discretion to order forfeiture for offences involving transport of controlled agricultural products; exercise of judicial discretion; credibility of show-cause explanations; public interest and deterrence where multiple offences occur.
 24 November 1977
Joseph s/o Lema vs Republic (High Court Criminal Appeal No. 72 of 1977) [1977] TZHC 434 (24 November 1977)
Forfeiture upheld where appellant's family-need claim was implausible and similar offences were on the rise.
Criminal law — Forfeiture under statutory control order — Judicial exercise of discretion — Credibility of accused's claim of family need versus commercial intent — Forfeiture as deterrent where offences increasing.
 24 November 1977
September 1977
Republic vs Ndahanose Mjunungu (Criminal Sessions Case No 18 of 1978) [1977] TZHC 322 (28 September 1977)
The accused's conduct (fetching, hiding, aiming and fleeing) showed intent; drunkenness did not negate wounding-with-intent.
* Criminal law – Wounding with intent – proof of mens rea – whether conduct (fetching, concealing, aiming, fleeing) supports inference of intent. * Criminal law – Intoxication – whether drunkenness negates intent to wound with intent. * Evidence – credibility of eyewitnesses and circumstantial inference of deliberate conduct.
 28 September 1977
July 1977
Republic vs Abdallah Mwakatumbula (Criminal Sessions Case No. 111 of 1976) [1977] TZHC 190 (16 July 1977)
Accused acquitted of murder but convicted of manslaughter after provocation from an earlier assault was found to negate intent.
Criminal law – Homicide – Distinction between murder and manslaughter – Provocation as partial defence – Eyewitness identification – Causation where treating and post‑mortem doctors unavailable.
 16 July 1977
January 1977
Salum Ally and Another vs Republic (Criminal Appeal No. 11 of 1977; Criminal Appeal No. 191 of 1977) [1977] TZHC 471 (1 January 1977)
Conviction for theft by agent quashed where unexplained chain of custody and intact seals created reasonable doubt.
Criminal law – theft by agent – substituted charge after testimony – right to recall witnesses (s.209(1) proviso) – curable irregularity (s.346 Criminal Procedure Code) – procedural change of magistrate (s.196) – chain of custody and reasonable doubt – intact seals, unexplained reconsignment.
 1 January 1977