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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.

Physical address

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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1 judgment

Citation	Judgment date
June 2005
Republic vs Ally Iddi Shomari and 3 Others (Criminal Session Case No. 39 of 1999) [2005] TZHC 922 (14 June 2005) Circumstantial and nighttime identification evidence was unreliable; prosecution failed to prove murder beyond reasonable doubt, accused acquitted. * Criminal law – murder – circumstantial evidence – conviction requires circumstantial proof excluding reasonable alternative perpetrators. * Evidence – visual identification at night – must satisfy Waziri Amani test; risk of mistaken identity. * Procedure – defence of alibi – statutory notice under s.194(4)–(6) CPA; failure may lead to rejection of alibi. * Witness credibility – contradictions and inconsistencies may render prosecution case unsafe.	14 June 2005

Citation

Judgment date

June 2005

Republic vs Ally Iddi Shomari and 3 Others (Criminal Session Case No. 39 of 1999) [2005] TZHC 922 (14 June 2005)

Circumstantial and nighttime identification evidence was unreliable; prosecution failed to prove murder beyond reasonable doubt, accused acquitted.

* Criminal law – murder – circumstantial evidence – conviction requires circumstantial proof excluding reasonable alternative perpetrators. * Evidence – visual identification at night – must satisfy Waziri Amani test; risk of mistaken identity. * Procedure – defence of alibi – statutory notice under s.194(4)–(6) CPA; failure may lead to rejection of alibi. * Witness credibility – contradictions and inconsistencies may render prosecution case unsafe.

14 June 2005