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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

4 judgments

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4 judgments

Citation	Judgment date
November 1994
Riziki Ngonyani and Another vs Republic (Criminal Appeal No. 143 of 1993) [1994] TZHC 553 (1 November 1994) Convictions unsafe where night identification was doubtful and recent‑possession did not attach; appeal allowed. * Criminal law – armed robbery – identification evidence – visual ID at night – caution required where witnesses did not name suspects contemporaneously and arrest followed after delay. * Criminal law – recent possession – does not apply where stolen property found in third party’s house and accused not in possession. * Conviction cannot rest on suspicion arising after an intervening search and statement.	1 November 1994
April 1994
Alex Malumbu vs Ayubu Hamisi ((PC) Civil Appeal No. 65 of 1993) [1994] TZHC 612 (18 April 1994) An out-of-time appeal filed without first obtaining enlargement of time is incompetent and dismissed as a nullity with costs. Appeal — Time bar — Requirement to obtain enlargement of time by chamber application before lodging an out-of-time appeal — Failure renders appeal incompetent and a nullity — Costs awarded.	18 April 1994
Mustafa Salehe vs United Republic (High Court Criminal Appeal No. 199/1993) [1994] TZHC 834 (6 April 1994) Identification parade reliability, lack of violence for armed robbery, theft conviction substituted, accessories after the fact upheld with reduced sentences. Criminal law — Identification procedures — fairness of parades and dock identification; Criminal law — Distinction between armed robbery and theft — requirement of violence or use/threat of firearm in commission; Criminal law — Accessory after the fact — active steps (harbouring, falsehood) to enable escape from punishment; Evidence — possession of stolen property as corroboration of involvement.	6 April 1994
March 1994
Zahoro Abdallah Tembo vs Aziza Ally ((PC) Civil Appeal No. 29 of 1993) [1994] TZHC 829 (28 March 1994) Appeal dismissed; respondent’s claim that the contested house was not estate property was upheld and administrator must not deal with it. * Succession law – intestacy – inclusion/exclusion of property from estate – burden and sufficiency of evidence to exclude property from administration. * Civil procedure – locus standi – requirement that persons claiming beneficial interest in estate must obtain probate/letters of administration or their actions risk nullity. * Administration of estates – duties of administrator – refrain from disposing of disputed assets pending lawful determination.	28 March 1994

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