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

10 judgments

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10 judgments

Citation	Judgment date
December 1995
Nathanael Manenge vs Crispin Joshua ((PC) Civil Appeal No. 128 of 1993) [1995] TZHC 1190 (14 December 1995) A Primary Court decision lacking a formal, rule-compliant judgment is null and must be remitted for proper judgment. Primary Courts — Judgment formalities — Assessors’ opinions do not substitute for a court judgment — Mandatory rules require presiding magistrate to consult assessors and record a judgment signed by court members — Failure to comply renders decision null and remittal required.	14 December 1995
Omary Mwanzembe & Another vs Republic (Criminal Appeal No 38 of 1995) [1995] TZHC 1035 (13 December 1995) Appellate court quashed convictions and set aside sentences where convictions rested on uncorroborated co‑accused evidence and recent possession was not proved. Criminal law – Theft and receiving stolen property – Sufficiency of evidence – Recent possession doctrine – Reliance on co‑accused’s testimony and need for corroboration – Procedural irregularity: substitution of charge and accused’s rights – Sentencing: excess/irregularity and setting aside of sentences.	13 December 1995
Martin Ngao vs Harith Said Brothers (Misc. Civil Application No. 11 of 1990) [1995] TZHC 952 (12 December 1995) Execution quashed; auction purchasers keep title; respondent ordered to refund net Tshs.5,102,166 with 7% interest. Execution law – nullity for want of jurisdiction – quashing of execution proceedings; Auction sales – purchaser’s title under quashed execution; Valuation – money’s worth assessed at commencement date of suit; Interest – decretal sum bears court interest from judgment date; Set-off – refund ordered after accounting for auction proceeds and decretal liability.	12 December 1995
Yoram Mboya vs Republic (Criminal Appeal No. 87 of 1994) [1995] TZHC 1097 (12 December 1995) First and third appellants acquitted for unreliable identification; second upheld on recent possession but sentence reduced. Criminal law – robbery with violence – identification evidence – reliability of eyewitness identification and station identification parade; recent possession doctrine – proof of possession of recently stolen property as evidence of guilt; evidential requirement for proving use of firearm – absence of cartridge/ballistic evidence; sentencing – reduction of excessive custodial term and corporal punishment.	12 December 1995
Solomon Mwasanga vs Republic (Criminal Appeal No 74 of 1995) [1995] TZHC 1034 (11 December 1995) Appeal allowed: theft convictions quashed due to contradictory, insufficient evidence; appellant ordered released. Criminal law – Theft/stealing by agent – sufficiency of evidence; contradictions between witness testimony and exhibits; convictions unsafe where prosecution fails to prove dishonest appropriation beyond reasonable doubt; appellate intervention to quash convictions and set aside sentence.	11 December 1995
Solomon vs Republic (Criminal Appeal No 74 of 1995) [1995] TZHC 1043 (11 December 1995) Appellate court quashed theft convictions because prosecution evidence was contradictory and the appellant’s unchallenged explanation made the convictions unsafe. Criminal law – Theft by agent – Safety of conviction – contradictions in prosecution evidence and unchallenged explanation that funds were for allowances/house rent – appellate intervention to quash unsafe convictions.	11 December 1995
Osiah Mwakalobo vs Republic (PC. Criminal Appeal No. 285 of 1994) [1995] TZHC 1096 (5 December 1995) A primary court judgment lacking assessors' concurrence and signatures is invalid and must be quashed and remitted. Criminal procedure – Primary Courts – Role of assessors – Decision of primary court must be a joint act of presiding magistrate and assessors; assessors are not mere advisers and must signify concurrence and sign judgment. Procedural irregularity – Absence of assessors' concurrence/signatures renders primary court judgment invalid. Remedy – Quash and remit for proper judgment or order retrial de novo only if interests of justice and no prejudice to accused.	5 December 1995
Julius Yohana vs John s/o Sengasinga (PC Criminal Appeal No 4 of 1995) [1995] TZHC 970 (4 December 1995) District Court conviction based solely on assessors' opinions, without mandatory judicial reasoning, was quashed and acquittal restored. Criminal procedure – Appeal from acquittal – District Court reversed trial acquittal without proper judicial reasoning – Presiding magistrate adopted assessors' opinions without mandatory consultation – Contravention of Magistrate's Courts (Primary Courts) (Judgment of Court) Rules, 1987 (G.N. No. 2 of 1988) – Conviction and sentence quashed; acquittal restored.	4 December 1995
Stanley Mwaikambo vs Republic (High Court Criminal Appeal No. 41 of 1995) [1995] TZHC 944 (4 December 1995) Conviction quashed where prosecution relied on uncorroborated evidence, unexplained reporting delay and failed to call material witness. Criminal law – shop-breaking and stealing – sufficiency of evidence – reliance on single uncorroborated witness – unexplained delay in reporting – failure to call material witness – conviction unsafe.	4 December 1995
Stanley Mwaikombo vs Republic (HC Criminal Appeal No 41 OF 1995) [1995] TZHC 1032 (4 December 1995) Appeal allowed where conviction rested on weak, uncorroborated and contradictory evidence with unexplained reporting delay. Criminal law - circumstantial evidence and corroboration; delay in reporting offences; reliability of witness statements; duty to procure attendance of key witnesses; presumption of innocence and benefit of reasonable doubt.	4 December 1995