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
October 2004
Amanyisye William vs Republic (DC Criminal Appeal No. 127 of 2003) [2004] TZHC 437 (25 October 2004) Child's credible testimony and medical evidence sufficiently corroborated to uphold conviction for unnatural offence; sentence reduced to 30 years. Criminal law – Unnatural offence (carnal knowledge against the order of nature) – Child complainant’s competence and credibility – Requirement of corroboration – Medical evidence and quick reporting as circumstantial corroboration – Sentence review and reduction.	25 October 2004
Amanyisye William vs Republic (DC Criminal Appeal No 127 of 2003) [2004] TZHC 605 (25 October 2004)	25 October 2004
Daniel s/o Sikumbili vs Republic (DC Criminal Appeal No. 50 of 2004) [2004] TZHC 389 (25 October 2004) Conviction for giving false information quashed where prosecution failed to produce documents and prove authorship beyond reasonable doubt. Criminal law – Offence of giving false information to a public officer (s.122(b) Penal Code) – burden of proof – necessity to produce primary documents and avoid reliance on hearsay. Evidence – authorship of complaint letters – failure to produce document and showing that accused wrote letter at complainant’s request undermines prosecution case. Appeal – where prosecution declines to support conviction and evidence is insufficient, conviction must be quashed and accused discharged.	25 October 2004
Daniel s/o Sikumbili vs Republic (DC Criminal Appeal No. 50 of 2004.) [2004] TZHC 68 (25 October 2004) Appeal allowed; conviction for giving false information quashed due to insufficient evidence and failure to prove appellant authored false complaint. Criminal law – s.122(b) Penal Code – giving false information to public officer – necessity of proof beyond reasonable doubt; Evidence – authorship and production of documentary evidence; failure to produce critical letter undermines prosecution; Appeal – effect of State declining to support conviction; Remedy – quashing conviction and discharging accused when prosecution fails to prove case.	25 October 2004
Joshua Sichembe vs Republic (DC Criminal Appeal No. 34 of 2004.) [2004] TZHC 70 (25 October 2004) Appellant's conviction for wrongful issue of counterfeit US$ notes upheld; three-year sentence reduced to immediate discharge as manifestly excessive. Criminal law – Forgery/Counterfeit currency – Wrongful issue of notes (s352(b) Penal Code) – Possession of counterfeit US$100 notes recovered on person after police search as sufficient evidential basis for conviction; Criminal procedure – Credibility and circumstantial evidence – co-accused absconding does not necessarily vitiate case against accused; Sentencing – Manifestly excessive sentence – three years custodial term reduced to immediate discharge given small amount involved.	25 October 2004
Maulidi Ntullo vs Republic (PC Criminal Appeal No. 6 of 2004) [2004] TZHC 390 (25 October 2004) Appellant’s admissions made procedural defects immaterial; appeal against armed robbery conviction dismissed and sentence upheld. Criminal law – armed robbery conviction; appellate review of credibility findings; admission by accused as proof of possession; absence of search warrant immaterial where accused admits ownership; failure to call guest-house staff or other lodgers not fatal to prosecution case.	25 October 2004
Samwel Sanyagwa vs Republic (DC Criminal Appeal No. 32 of 2003) [2004] TZHC 433 (25 October 2004) Appeal dismissed: credible child testimony and the accused’s admission upheld conviction for unnatural offence. Criminal law – Sexual offences – Unnatural offence (carnal knowledge of a child) – Evidence of child of tender years and cautionary approach. Corroboration – Medical evidence of bruising and fluid substances as supporting evidence. Confession/admission – Admission to community leader as evidential support. Fair trial – Complaint about absence during medical examination and inability to call witnesses.	25 October 2004
Witness Mwakisisya vs Republic (DC Criminal Appeal No. 113 of 2003) [2004] TZHC 435 (22 October 2004) A qualified guilty plea asserting necessity requires proof; prosecution’s refusal to support conviction warrants quashing the conviction. Criminal law – Unlawful possession of liquor (s.3(1) Act No.62 of 1996) – Qualified plea – Defence of necessity – Plea qualification requires proof – Prosecution may decline to support conviction.	22 October 2004
Daniel S/O Sikumbili vs Republic (DC. Criminal Appeal No. 50 of 2004) [2004] TZHC 382 (15 October 2004) Appellant's conviction for giving false information quashed where prosecution failed to prove his culpability for the disputed letter. Criminal law – Giving false information to public officer – proof beyond reasonable doubt – where disputed complaint letter was written at a third party's request.* Evidence – non-production of documentary evidence (letter) undermining prosecution case.* Criminal appeal – prosecution declines to support conviction; conviction quashed for insufficient evidence.	15 October 2004