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

13 judgments

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13 judgments

Citation	Judgment date
June 1995
Nasi Nsajigwa vs mwenyekiti Kijiji cha Ilolo (PC Civil Appeal No 7 of 1992) [1995] TZHC 1126 (29 June 1995) Appellate court improperly overturned trial fact-finding using unrecorded site-visit evidence; primary court judgment restored. Civil procedure – appeal against findings of fact – appellate court must not disturb trial court credibility findings absent clear misdirection; improper reliance on unrecorded extra-record evidence from site visit; section 21(1)(a) Magistrate Courts Act on taking additional evidence; village government cannot lawfully appropriate land developed by a villager without due process.	29 June 1995
Godwin James vs Republic (High Court Criminal Appeal No. 122 of 1992) [1995] TZHC 985 (27 June 1995) Appellant’s fabricated abduction account rejected; convictions for conspiracy and stealing and imposed sentences upheld. Criminal law – circumstantial and eyewitness evidence – credibility findings; alleged abduction and fabrication of alibi; conspiracy and stealing of issued government property; appellate review of factual findings and sentence.	27 June 1995
Godwion James vs Republic (High Court Criminal Appeal No. 122 of 1992) [1995] TZHC 1125 (27 June 1995) The applicant’s implausible abduction defence was rejected; convictions for conspiracy and theft of a shotgun upheld and sentence affirmed. Criminal law – Appeal against conviction – Credibility of accused’s defence – Implausible abduction/robbery defence rejected. Theft of government-issued firearm – Evidence of issue and subsequent theft – conspiracy to steal Sentencing – Concurrent terms not manifestly excessive – appellate deference to trial court findings	27 June 1995
Joseph Lugato Mwampini vs Republic (Criminal Appeal No. 86 of 1994) [1995] TZHC 1074 (27 June 1995) Conviction for theft based on recent possession quashed where prosecution failed to identify stolen goods and magistrate misdirected on burden. Criminal law – theft – recent possession doctrine – requirements for inferring guilt from possession – prosecution must identify stolen property and prove link to theft; misdirecting burden onto accused is fatal.	27 June 1995
Danken Mwaipasi vs Republic (PC HC Criminal Appeal No 3 of 1992) [1995] TZHC 1009 (26 June 1995) Revisional court may not enhance sentence or substitute conviction without statutory notice; weak, inconsistent evidence rendered conviction unsafe. Criminal law – robbery with violence – sufficiency and reliability of prosecution evidence – witness inconsistencies and intoxication; Criminal procedure – revisional jurisdiction of District Court – requirements to give notice and opportunity to be heard before substituting conviction or enhancing sentence (Magistrates' Courts Act s21(1)(b), s22(2)) – time limit on revision (s22(4)) – miscarriage of justice and quashing of conviction.	26 June 1995
Joseph Tungu vs Republic (HC Criminal Appeal No 25 of 1995) [1995] TZHC 986 (26 June 1995) Conviction for obtaining money by false pretences quashed where evidence showed no agency or intent to defraud, only suspicion. Criminal law — Obtaining money by false pretences — Insufficiency of evidence; Agency — burden to prove principal–agent relationship; Intention to defraud — suspicion and delay insufficient to convict; Trial misdirection — appellate intervention warranted.	26 June 1995
Joseph T. vs Republic (HC Criminal Appeal No. 25 of 1995) [1995] TZHC 981 (26 June 1995) Conviction for obtaining money by false pretences quashed where delay and possession of cash did not prove dishonest intent. Criminal law – Obtaining money by false pretences – Requirement of proof of dishonest intention – Agency/business relationship insufficient alone to infer fraud – Suspicion and delay not proof beyond reasonable doubt – Conviction quashed for insufficient evidence.	26 June 1995
Lawrence Vs Republic (Criminal Appeal No. 65 of 1994) [1995] TZHC 1073 (26 June 1995) Conviction quashed where delivery records, signatures and witness evidence were inconsistent and prosecution failed to prove guilt beyond reasonable doubt. Criminal law — Theft by servant/agent — Burden of proof — Prosecution must prove guilt beyond reasonable doubt; unreliable or uncorroborated delivery/receipt documents and failure to call recipients undermine prosecution Evidence — Documentary evidence and signatures — Disputed signatures and suspected forgery reduce reliability Procedure — Trial magistrate’s duty — must give benefit of reasonable doubt and not convict on uncorroborated or doubtful evidence	26 June 1995
Bernard Mwanguvilwe c/o Kayange Advocate vs Didusa Sibonike (PC Civil Appeal No 35 of 1992) [1995] TZHC 1124 (16 June 1995) Whether a village‑witnessed written agreement and credible trial evidence established a sale, not a pledge, of the farm. Property law – Sale v pledge – Whether a parcel of land was sold or pledged as security for a loan (shs 6,000) Evidence – Weight and admissibility of a village‑drawn written agreement bearing signatures and witnesses despite informal drafting/alterations. Civil appeals – Appellate interference with trial court’s credibility findings; limits on re‑weighing evidence	16 June 1995
Marasenda Muna vs Republic (HC Criminal Appeal No. 80 of 1994) [1995] TZHC 1069 (6 June 1995) Conviction for cattle theft set aside due to unreliable identification and unexplained delay; appellant ordered released. Criminal law – Theft of cattle – Identification evidence – Delay between loss and identification undermines reliability; Reasonable doubt where accused’s explanation (resemblance/legitimate sale) is plausible; Appellate interference where conviction unsafe; Order for immediate discharge when sentence set aside.	6 June 1995
Marasenda Muna vs Republic (HC Criminal Appeal No. 80 of 1994) [1995] TZHC 982 (6 June 1995) Appeal allowed: identification delay and possible resemblance created reasonable doubt, conviction and five-year sentence set aside. Criminal law – Theft – Identification evidence – Delay between private identification and police seizure may undermine reliability and create reasonable doubt – Conviction and sentence set aside where prosecution fails to dispel doubt.	6 June 1995
Sijaona Nkyale vs Kissa Sengaga (High Court Criminal Appeal No. 80 of 1993) [1995] TZHC 929 (6 June 1995) Court finds only one theft proved and orders Shs1,900 compensation for destroyed padlocks; appeal otherwise dismissed. Criminal law – housebreaking and stealing – evidentiary inconsistencies as to amount stolen – only one incident proved Compensation – damaged/destroyed property (padlocks) must be included in compensation Appeal – partly allowed to adjust compensation, otherwise dismissed. Juvenile offender – age noted but conviction/sentence upheld except for compensation adjustment	6 June 1995
Ngalishon S/O Simingw avs Twidi S/O Mwampashi (Misc. Civil Application No. 11 of 1992) [1995] TZHC 953 (2 June 1995) A judge may assess an intended appeal’s merits when refusing leave to appeal out of time; application dismissed with costs. Civil procedure – Appeals – Application for leave to appeal out of time – Whether a judge may consider the merits/ prospects of success of the intended appeal when deciding such an application – Established principle: judge may assess chances of success and refuse leave if appeal lacks overriding prospects.	2 June 1995