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

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10 judgments


January 2000
Peter s/o Athumani @ Kita vs Republic (HC Criminal Appeal No. 41 of 1999) [2000] TZHC 548 (31 January 2000) Conviction quashed where the appellant’s plausible explanation created reasonable doubt and prosecution failed to contradict it. Criminal law — Evidence — Conviction unsafe where alternative explanation for theft reasonably possible Criminal procedure — Failure to call material witnesses — Failure to call crucial witness undermining recovery evidence	31 January 2000
Peter s/o Athumani @ Kita vs Republic (High Court Criminal Appeal No 41 of 1999) [2000] TZHC 405 (31 January 2000) Appellant's unrebutted explanation created reasonable doubt, rendering the conviction unsafe and appeal allowed. Criminal law — Theft — Sufficiency of evidence — Whether prosecution proved guilt beyond reasonable doubt Criminal procedure — Evidence — prosecution duty to call material witnesses	31 January 2000
Tyson Kanyoselo vs Shaban Mwasemele (DC Civil Application No 18 of 1999) [2000] TZHC 283 (27 January 2000) Appellate court upholds Tshs.100,000 compensation for abusive language; criminal fine does not bar civil damages. Tort — Civil damages for abusive language — quantum of compensation — appellate deference to trial court’s factual findings — criminal fine does not extinguish civil compensation	27 January 2000
Tyson Kanyoselo vs Shaban Mwasemele (Dc Civil App No. 18 of 1999) [2000] TZHC 403 (27 January 2000) Appellate court upheld trial court’s Tshs.100,000 compensation for abusive language, distinguishing criminal fine from civil liability. Tort — Distinction between criminal penalties and civil compensation — conviction/fine does not bar civil damages. Intoxication or provocation does not automatically excuse civil liability for abusive conduct	27 January 2000
Chairman of Kyangala Village vs Moses s/o Itwamalala and 21 Others (Pc Civil Appeal No. 8 of 1999) [2000] TZHC 402 (25 January 2000) Appellant’s trespass claim failed where evidence showed longstanding communal land rights and primary‑court procedure was correctly applied. Appellate practice — Appellate review — lower courts’ factual findings based on unchallenged testimony and locus inspection are entitled to deference Civil procedure — Civil procedure (primary courts) — Civil Procedure Code inapplicable — Primary Courts Civil Procedure Civil procedure — Representative suits Land law — title and possession — long‑standing customary/family village rights and contiguous shambas established by evidence and locus visit Trespass — claim to extinguish entrenched rights fails where title and possession are proved	25 January 2000
Wiston Nikutusya Kabigi vs Republic (Criminal Appeal No 74 of 1999) [2000] TZHC 231 (19 January 2000) Conviction set aside where matter was essentially civil and appellant was denied opportunity to account for administered estates. Criminal procedure — improper criminalization of a civil matter — prosecution declining to support conviction — procedural fairness in allowing accused to account for estates before criminal proceedings	19 January 2000
Wiston Nikutusya Kabigi vs Republic (Criminal Appeal No 74 of 1999) [2000] TZHC 401 (19 January 2000) Appeal allowed: criminal conviction set aside where dispute was civil and appellant not given chance to account; immediate release ordered. Criminal law — wrongful criminalisation of matters that are essentially civil — premature prosecution where accused not allowed to account for estates administered	19 January 2000
Gabriel Mwaknemela vs The Republic (Criminal Appeal No. 47 of 2000) [2000] TZHC 60 (1 January 2000) Appeal dismissed: identification upheld and alibi rejected for failure to comply with section 94 CPA 1995. Criminal law — identification evidence — Reliability where witnesses knew accused and lighting permitted identification Criminal procedure — Defence of alibi — Notice requirement under section 94 Criminal Procedure Act 1995 and consequences of non‑compliance Evidence — Appellate review of credibility findings — trial court’s factual findings should not be disturbed absent demonstrable error	1 January 2000
Hemed Mkondya @ Mashaka Mkondya vs Republic (Criminal Appeal No. 97 of 2000) [2000] TZHC 396 (1 January 2000) Cautioned statement and PF3s improperly admitted are void; identification may be reliable but other evidential weaknesses undermine the prosecution. Criminal law — Admissibility of evidence — cautioned statements and PF3 medical reports — improperly tendered documents void and inadmissible — requirements of preliminary procedure and opportunity to challenge Criminal procedure — right to summon defence witnesses — accused’s express decision to drop a reluctant witness can preclude later complaint Evidence — Identification — familiarity, lighting and duration of observation support identification but contextual weaknesses (no recovered weapon, related witnesses, delayed arrest) may undermine prosecution case	1 January 2000
Republic vs Sokosi Rashidi @ Mselemu & ANother (HC Criminal Appeal No 45 of 2000) [2000] TZHC 397 (1 January 2000)	1 January 2000

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