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

9 judgments

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9 judgments

Citation	Judgment date
September 1995
Josiah Matheo vs Republic (High Court Criminal Appeal Number 103 of 1993) [1995] TZHC 1172 (28 September 1995) Identification by credible witnesses in broad daylight defeated an unsupported alibi; appeal dismissed and sentences upheld. Criminal law – Robbery with violence – Identification evidence – reliability of eyewitness identification in broad daylight – unsupported alibi carries little weight – sentencing: custodial statutory minima and corporal punishment lawful.	28 September 1995
Joseph Mwakatuma and Another vs Republic (HC Criminal Appeal No. 47 of 1994) [1995] TZHC 1087 (27 September 1995) Appellate court upheld theft convictions based on recovered property, eyewitness evidence and admissions despite claims of unlawful arrest. Criminal law – Theft under s.265 Penal Code – recovery of stolen property, eyewitness identification and admissions – appellate review of trial court credibility findings – allegation of unlawful arrest insufficient to overturn conviction.	27 September 1995
Joseph Mwakatuna & Another vs Republic (High Court Criminal Appeal No 47 of 1994) [1995] TZHC 956 (27 September 1995) Appellants’ theft convictions upheld: eyewitness identification and recovered property sufficiently proved the offence; appeal dismissed. Criminal law – Theft – Sufficiency of evidence – Eyewitness identification and recovery of stolen property – Appellate review of trial court’s credibility findings.	27 September 1995
Republic vs Tuyate Mayani Tembo (HC CRiminal Appeal No. 91 of 1994) [1995] TZHC 1086 (26 September 1995) Court upheld conviction based on reliable identification evidence; the applicant’s appeal was dismissed. Criminal law – Identification evidence – identification parade – reliability assessed by time of observation, proximity and witness conduct – armed robbery conviction and sentence appeal dismissed.	26 September 1995
Fred Songa vs Goodwell Lalata (PC Civil Appeal No.81 of 1990) [1995] TZHC 1205 (25 September 1995) Appellate court may overturn trial credibility findings where trial court ignored material corroboration and relied on extraneous non‑witness statements. Land dispute – evidence of sale of structure on disputed plot – credibility of witnesses – trial court's site visit and reliance on statements of non-witnesses – scope of appellate review where findings turn on demeanour.	25 September 1995
Tuyanje Bwana vs Philipo Zamani (PC Civil Appeal No. 15 of 991) [1995] TZHC 1204 (25 September 1995) Appellate court erred by introducing new issues; trial court's credibility finding restored and land awarded to the appellant. Land dispute — evidence and credibility — trial court better placed to assess witnesses; appellate court erred in introducing new issues not canvassed at trial — first appellate judgment set aside and trial court judgment restored — costs awarded.	25 September 1995
Republic vs Shabani Sikaponda (Criminal Appeal No. 137 of 1993) [1995] TZHC 1171 (16 September 1995) Appeal allowed: conviction quashed for unsafe night identification and sentence set aside, appellant ordered released. Criminal law – Identification evidence – Night-time identification under poor visibility – Unsafe identification; Criminal procedure – Silence/failure to answer alarm not a substitute for positive identification; Criminal law – Armed robbery – requirement of proof of weapons to justify mandatory sentence; Appeal – Trial magistrate importing extraneous matters – appellate interference warranted.	16 September 1995
Republic vs Sharweji Athumani and Another (High Court Criminal Case No. 13 of 1995 and 14 of 1995) [1995] TZHC 1039 (13 September 1995) Absence of DPP consent deprived subordinate court of jurisdiction; convictions quashed for lack of proof and jurisdiction. Economic Crimes — Jurisdiction — Offence designated an economic crime under Economic and Organized Crime Control Act — Trial in subordinate court requires DPP consent — absence of consent renders trial void; Criminal evidence — joint possession — inference of joint possession must be proved; Firearm definition — prosecution must prove an item is capable of discharging bullets/pellets; Housebreaking instruments — ordinary tools not necessarily instruments unless shown in circumstances of use; Retrial — discretionary, may be refused if sterile or contrary to interests of justice; Revision — court may quash convictions and set aside sentences of co-accused where appropriate.	13 September 1995
S. Athumani & Another vs Republic (HC Criminal Appeal No 13 of 1995) [1995] TZHC 1013 (13 September 1995) Absence of required DPP consent rendered trial of the economic crime void; seized items were not proven firearms, convictions quashed and accused released. Criminal law – Economic and Organized Crime Control Act – jurisdiction to try economic crimes requires consent of Director of Public Prosecutions – absence of consent renders trial irregular; Arms and Ammunition Ordinance – definition of 'firearm' requires capability to discharge bullets or pellets – alleged homemade weapon not proved to be firearm; joint possession – must be established by evidence; revisional jurisdiction – quashing convictions where fundamental irregularity and evidential insufficiency exist.	13 September 1995