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
November 1995
Nathaniel Manenge vs Crisein Joshua (PC Civil Appeal No. 128 of 1993) [1995] TZHC 932 (30 November 1995) Primary Court’s failure to produce a collective, signed judgment breached rule 3 and required quashing and remittal for proper judgment or rehearing. • Civil procedure – Primary Courts – Requirement for a proper, signed judgment by the court – Compliance with Magistrate's Courts (Primary Courts) (Judgement of Court) Rules, 1987 (rule 3). • Role of assessors – assessors must be consulted and judgments signed by all court members; magistrate must not substitute his own opinion for a court judgment. • Appeals – appellate court cannot lawfully decide an appeal where there is no proper judgment from the trial court; remedy is to set aside and remit for proper judgment or rehearing.	30 November 1995
Langson Shantiwa vs Republic (High Court Criminal Appeal No. 138 of 1993) [1995] TZHC 1185 (29 November 1995) Reliable visual identification and inconsistent alibi upheld conviction for armed robbery; appeal dismissed. Criminal law Armed robbery; visual identification at identification parade; assessment of credibility; alibi; effect of attempted flight on inference of guilt.	29 November 1995
Philipo s/e Adamu vs Republic (High Court Criminal Appeal No. 58 of 1995) [1995] TZHC 1207 (28 November 1995) Appellant's convictions for fraudulent false accounting and theft upheld; confessions and documentary discrepancies sufficiently corroborated. Criminal law – Fraudulent false accounting and theft by public servant – Documentary discrepancies (cash receipts v. bin/cardex cards) as proof; Admissibility and corroboration of cautioned statements (confessions) – Retraction at trial does not necessarily negate admissibility; Compensation for value of stolen goods – appellate direction where trial court omitted reasons.	28 November 1995
Philipo s/o Adamu vs Republic (HC Criminal Appeal No 58 of 1995) [1995] TZHC 1029 (28 November 1995) Appeal dismissed; convictions for stealing and fraudulent false accounting upheld and mandatory restitution ordered. Criminal law – stealing by public servant and fraudulent false accounting – reliance on cash sale receipts, bin cards and cardex records – corroboration of retracted confessions by documentary and audit evidence – mandatory compensation order for value of stolen public goods.	28 November 1995
Philipo s/o Adamu vs Republic (High Court Criminal Appeal No. 58 of 1995) [1995] TZHC 959 (28 November 1995) Convictions for theft and false accounting upheld; court orders mandatory restitution for the audited value of stolen goods. Criminal law – theft and fraudulent false accounting by employees – discrepancies between cash sales and stock records as evidence of misappropriation. Admissibility – cautioned/confessional statements – voluntariness and corroboration by documentary and audit evidence. Remedies – mandatory restitution/compensation for value of stolen goods where theft by employee is established. Appeal – appellate review of factual findings and credibility where trial court and documentary evidence are consistent.	28 November 1995
Philipo s/o Adamu vs Republic (High Court Criminal Appeal No. 58 of 1995) [1995] TZHC 965 (28 November 1995) Appeal dismissed; convictions for fraudulent false accounting and stealing upheld and compensation ordered for value of stolen goods. Criminal law – Fraudulent false accounting (s.317(b) Penal Code) and stealing by a public servant (s.271) – manipulation of cash sale receipts, bin cards and cardex cards to conceal theft. Admissibility of cautioned statements – voluntariness and corroboration by documentary evidence. Evidence – documentary and audit evidence can corroborate confessions and support conviction. Remedy – appellate correction of trial court’s omission in ordering compensation for value of stolen goods.	28 November 1995
Daudi Talian Msukwe Republic (High Court Criminal Appeal No. 16 of 1995) [1995] TZHC 1026 (21 November 1995) Appellate court reduced an excessive five-year theft sentence where the victim was a private employer and no loss occurred. Criminal law — Sentencing — Mandatory/equivalent minimum sentences — Whether a private employer is a "specified authority" for statutory minimum sentences; sentencing discretion and appellate interference where sentence is excessive; relief by reduction and discharge for time served; revision proceedings for co-accused.	21 November 1995
langson Shantiwa vs Republic (High Court Criminal Appeal No. 138/93 of 1993) [1995] TZHC 742 (21 November 1995) Identification at a daylight parade and related evidence upheld conviction for armed robbery; appeal dismissed. Criminal law – Armed robbery – Identification parade – Safety and reliability of eyewitness identification in daylight at dawn. Criminal law – Credibility assessment – Trial court’s advantage on witness demeanour and appellate restraint in overturning credibility findings. Criminal law – Alibi – Inconsistencies and lack of corroboration weaken alibi defence. Criminal law – Conduct after offence – Attempted escape as incriminatory evidence.	21 November 1995
Sabini Ibole vs Chunya Mwamugiga ((PC) Civil Appeal No. 8 of 1993) [1995] TZHC 1179 (10 November 1995) Appellant’s challenge to District Court’s finding on land ownership dismissed; respondent proven lawful owner; appeal dismissed with costs. Civil appeal – land dispute – assessment of witness credibility – appellate court’s power to reassess evidence afresh – lease evidence and limitation – determination of lawful ownership on balance of probabilities.	10 November 1995
Joseph Myaba vs Republic (Criminal Appeal No. 52 of 1994) [1995] TZHC 1023 (7 November 1995) Conviction for forgery and stealing by a public servant upheld; sentences reduced (forgery to 3 years, stealing to 5 years) and ordered concurrent. Criminal law – Forgery and stealing by public servant – Proof by documentary discrepancies, witness testimony and handwriting expert evidence – Absconding as corroboration of guilty knowledge. Sentencing – Reduction of excessive terms – consideration of first offender status and appropriate minimum sentence for stealing by public servant.	7 November 1995
Patrocus Sangu vs Republic (Criminal Appeal No. 22 of 1995) [1995] TZHC 1022 (7 November 1995) Conviction for disobeying a court order requires proof the order was lawfully issued; absence of such proof mandates acquittal. Criminal law – disobedience of lawful order – burden on prosecution to prove the order was lawfully issued; Evidence – necessity to produce origin of attachment order (civil file, issuing magistrate, plaintiff or clerk); Execution by court broker insufficient without proof of lawful authority; Acquittal required where lawfulness of order not established beyond reasonable doubt.	7 November 1995
Patrocus Sangu vs Republic (Criminal Appeal No. 22 of 1995) [1995] TZHC 747 (7 November 1995) Conviction for disobeying an order quashed where prosecution failed to prove the attachment order was lawfully made. Criminal law – Disobedience of lawful order – Prosecution must prove lawfulness of order; court broker's evidence insufficient – production of originating civil proceedings or testimony of magistrate/plaintiff/court clerk required – reasonable doubt entitles accused to acquittal.	7 November 1995