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

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8 judgments


July 1995
Jailos Mwalyego vs Republic (Criminal Appeal No. 77 of 1994) [1995] TZHC 1078 (29 July 1995) Convictions upheld on recent possession; sentence reduced because value/type of stolen mattress was not proved. Criminal law — Burglary and stealing — proof by recent possession and identification of recovered property — recent possession as evidence of guilt — statutory sentencing — Mandatory minimum sentence — Requirement of evidence as to type and market value of stolen property	29 July 1995
Diel Waya vs John Mwashitete (PC Civil Appeal No. 22 of 1989) [1995] TZHC 1210 (27 July 1995) A withdrawing party granted leave to withdraw an appeal must ordinarily pay the adverse party’s costs; withdrawal may be re‑instituted subject to limitation. Civil procedure — Withdrawal of appeal — Leave to withdraw granted — Costs	27 July 1995
Director of Public Prosecutions vs Hussein s/o Yahaya (High Court Criminal Appeal No. 60 of 1993) [1995] TZHC 1160 (17 July 1995) Acquittal overturned: admissions and overwhelming prosecution evidence established theft by a postmaster; appeal allowed and conviction entered. Criminal law — Theft by public servant — Evidence — official inspection report, written admission and cautioned statement as proof of theft Criminal procedure — Appeal against acquittal — appellate interference where trial court’s acquittal is contrary to overwhelming and uncontradicted prosecution evidence	17 July 1995
Director of Public Prosecutions vs Hussein s/o Yahaya (High Court Criminal Appeal No. 60 of 1993) [1995] TZHC 958 (17 July 1995) Whether an acquittal was justified where the respondent postmaster made written admissions and partially refunded the missing funds. Criminal law — Theft by public servant — sufficiency of evidence to prove theft beyond reasonable doubt — Written admissions, inspection report and partial refund receipts as proof — Penal Code ss 265, 270	17 July 1995
Japhet Anson Nzunda vs Republic (High Court Criminal Appeal No. 32 of 1995) [1995] TZHC 1159 (17 July 1995) Conviction quashed where conviction relied on uncorroborated accomplice and interested-witness evidence and improper identification. Criminal law — Forgery and uttering false documents — Sufficiency of prosecution evidence — Need for caution and corroboration where evidence rests on accomplice and interested witnesses — Identification parade — Insufficient identification evidence warrants quashing conviction — Improper police-station identification without identification parade and its dangers — Recent possession doctrine — elements and need for corroboration — Person found with forged instrument may be presumed implicated unless satisfactorily explained	17 July 1995
Japheth Amson Nzunda vs Republic (HC Criminal Appeal No. 32 of 1995) [1995] TZHC 990 (17 July 1995) Conviction quashed where unsafe police-station identification and uncorroborated evidence of person found with forged cheque prevailed. Criminal law — Forgery and uttering false document — Reliance on evidence of person found in possession of forged instrument — identification — identification made at police station vs formal parade — dangers of acting on such identification Evidence — accomplice and interested witness — contradictions and bank record irregularities undermine prosecution case — servant’s evidence cannot corroborate employer	17 July 1995
Director of Public Prosecutions vs Hussein Yahaya (High Court Criminal Appeal No. 60 of 1993) [1995] TZHC 1158 (7 July 1995) Admissions, custodianship and partial repayment established theft by a public servant; acquittal was set aside by appeal. Criminal law — Theft by public servant — Sufficiency of evidence — signed inspection report and written admission	7 July 1995
John s/o Mwakangale and Another vs Republic (H.C. Criminal Appeal 70 of 1994) [1995] TZHC 1075 (3 July 1995) Appellants' convictions for retaining stolen property quashed where evidence indicated armed robbery and jurisdiction existed to try offences abroad. Criminal law — Armed robbery — facts pointing to armed robbery vs. retaining property Criminal law — failure to establish possession/retention at time of arrest — appellate quashing of conviction and setting aside sentence — conviction unsustainable Criminal law — Penal Code s6(b) — jurisdiction to try citizens for offences committed outside Tanganyika	3 July 1995

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