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

8 judgments

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8 judgments

Citation	Judgment date
July 1995
Jailos Mwalyego vs Republic (Criminal Appeal No. 77 of 1994) [1995] TZHC 1078 (29 July 1995) Conviction upheld under recent-possession principle, but minimum sentence reduced where stolen property's value was not proved. Criminal law – burglary and stealing; recent possession doctrine as basis for inference of guilt; minimum statutory sentences – requirement to prove nature and value of stolen property before imposing higher minimum sentence; appellate variation of sentence.	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 – Section 21 Civil Procedure Code 1966 – Party seeking leave to withdraw must ordinarily pay adverse party’s costs – Withdrawal does not bar re‑institution subject to limitation.	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) The court quashed the respondent's acquittal where his admissions, receipts and control of safe keys proved theft beyond reasonable doubt. Criminal law – Theft by public servant – sufficiency of evidence – signed inspection report and written admission – voluntary cautioned statement – documentary receipts and custody of safe keys – appellate review of acquittal and miscarriage of justice.	17 July 1995
Japhet Anson Nzunda vs Republic (High Court Criminal Appeal No. 32 of 1995) [1995] TZHC 1159 (17 July 1995) Conviction unsafe where primary evidence was uncorroborated accomplice testimony and police‑station identification was improper. Criminal law – Forgery and uttering – Evidence of a witness found in possession of a forged document treated as accomplice evidence – caution and requirement of corroboration – servant’s evidence cannot independently corroborate – improper police-station identification – unsafe conviction where prosecution fails to prove guilt beyond reasonable doubt.	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 – requirement for independent corroboration Identification – identification made at police station vs formal parade – dangers of acting on such identification Evidence – accomplice and interested witness – servant’s evidence cannot corroborate employer; contradictions and bank record irregularities undermine prosecution case	17 July 1995
Director of Public Prosecutions vs Hussein Yahaya (High Court Criminal Appeal No. 60 of 1993) [1995] TZHC 1158 (7 July 1995) Appeal allowed: acquittal set aside where admissions, official inspection report and partial restitution established stealing by a public servant. Criminal law – stealing by public servant – evidence – official inspection report, written admission and voluntary cautioned statement – partial restitution – appellate intervention where trial magistrate improperly favours defence and acquits despite overwhelming prosecution evidence.	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. Penal Code s311(2) – receiving/retaining stolen property; armed robbery – facts pointing to armed robbery vs. retaining property; Penal Code s6(b) – jurisdiction to try citizens for offences committed outside Tanganyika; failure to establish possession/retention at time of arrest – conviction unsustainable; appellate quashing of conviction and setting aside sentence.	3 July 1995