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

Visit website

https://jmap.judiciary.go.tz/jmap/jmap-hc

11 judgments

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11 judgments


July 2000
Fyata Fikile vs Simon Malakalinga (PC Criminal Appeal No. 15 of 1998) [2000] TZHC 245 (24 July 2000) A successor to a trespassing predecessor remains bound to remove trees from the lawful owner's land; contempt conviction restored. Criminal law — Contempt of Court — Failure to comply with order to remove trespasser's trees — Conviction valid where successor refuses compliance Land law — possession and trespass — Ownership of what grows on land — What grows on land belongs to the landowner Succession law — Successor liability — Successor takes estate subject to encumbrances and obligations	24 July 2000
Fyata Fikile vs Simon Malakalinga (PC Criminal Appeal No 15 of 1998) [2000] TZHC 510 (24 July 2000)	24 July 2000
Joseph Budodi vs Sido (DC Civil Appeal No. 14 of 1999) [2000] TZHC 456 (20 July 2000) Appeal dismissed for failure to prove partial repayment; trial award upheld and counter-claim not adjudicated. Civil procedure — Appeal — Interference with lower court decisions — appellate restraint absent wrong principle or irregularity — Civil appeal — Sale/loan of machinery — Whether payments were made — Burden of proof and documentary receipts — Remedies — pursue separate suit for unadjudicated claims	20 July 2000
Joseph Budodi vs Sido (DC Civil Appeal No. 14 of 1999) [2000] TZHC 586 (20 July 2000) The applicant failed to prove partial repayment of the loan; appeal dismissed for lack of evidence. Civil procedure — Appellate review — appellate court will not interfere with trial magistrate’s factual findings in absence of irregularity or wrong principle Contract law — Contract/loan — recovery of debt — burden of proof on alleged payments: absence of receipts or documentary proof defeats claim of part-payment	20 July 2000
Anthony S/O Shonza vs Republic (Criminal Appeal No. 24 of 2000) [2000] TZHC 264 (14 July 2000) The applicant's appeal against a rape conviction and 30-year statutory sentence was dismissed for lack of merit. Criminal law — sexual offences — Rape	14 July 2000
Ramadhani Miyombo Ally and Another vs Republic (DC Criminal Appeal No. 31 of 2000) [2000] TZHC 265 (14 July 2000) A guilty plea must admit every element; custodial sentences for youthful first offenders who pleaded guilty were reduced to time served. Civil procedure — remedy — Reduction of sentence and immediate release where time served suffices — Sentencing principle — Minimum/maximum penalties reserved for extreme cases Criminal law — Plea of guilty — Requirement that plea contain unequivocal admission of every element of the offence — need to explain and record each constituent Criminal law — sentencing — Where statute allows fine as alternative, imprisonment should not be imposed without justification — Youthful first offenders — custodial sentences generally undesirable when accused pleads guilty	14 July 2000
Amon Mwakalobo and Another vs Republic (DC Criminal Appeal No. 89 of 1999) [2000] TZHC 451 (6 July 2000) Appeal allowed for first appellant due to trial misdirection and reasonable doubt; second appellant’s conviction upheld. Criminal law — Forgery and uttering — appellate intervention for trial misdirection — banking evidence and cheques — handwriting expert opinion as auxiliary evidence — onus of proof and reasonable doubt — quashing convictions where guilt not proved beyond reasonable doubt — sufficiency of evidence	6 July 2000
Amon Mwakalobo & Another vs Republic ((DC) Criminal Appeal No. 89 of 1999) [2000] TZHC 54 (6 July 2000) First appellant's convictions quashed for misdirection and reasonable doubt; second appellant's convictions upheld for proven complicity. Criminal law — Appeal — assessment of accused’s defence and credibility — burden of proof — forgery and uttering forged documents — handwriting expert evidence as corroborative only — misdirection by trial magistrate — quashing conviction where reasonable doubt exists — sufficiency of evidence — upholding conviction where prosecution case is strong	6 July 2000
Francis Chalabika vs Republic (Criminal Appeal No 26 of 2000) [2000] TZHC 263 (6 July 2000) Custodial sentence excessive where a fine was available and circumstances lacked aggravation; appeal allowed. Criminal law — sentencing — Alternative of fine where statute allows — Custodial sentence not appropriate absent aggravating circumstances — maximum penalty reserved for extreme cases — threat to public servant	6 July 2000
Francis Chalabika vs Republic (Criminal Appeal No. 26 of 2000) [2000] TZHC 359 (6 July 2000) Custodial sentence excessive where statute permits a fine and circumstances did not warrant maximum imprisonment. Criminal law — sentencing — misdemeanor punishable by fine or imprisonment — custodial sentence inappropriate where alternative fine available unless aggravating circumstances present — maximum sentence reserved for extreme cases	6 July 2000
Isambi Chizu vs Republic (High Court Criminal Appeal No 35 of 2000) [2000] TZHC 358 (4 July 2000) Mental illness at offence and sentencing invalidated the conviction and required immediate release. Criminal law — Mental illness — Conviction and sentencing of accused suffering from mental disorder — Trial court’s duty to apply Criminal Procedure Act safeguards — Illegality of imprisonment where mental illness present	4 July 2000

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