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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

5 judgments

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5 judgments


August 1987
Republic vs Remi Karoli Mushi and Others (Criminal Sessions Case No. 77/85) [1987] TZHC 662 (27 August 1987) Where malice aforethought was not proved, murder was reduced to manslaughter and suspended sentences were imposed. Criminal law — Homicide: murder versus manslaughter — Proof of malice aforethought — Sentencing for manslaughter — Suspended sentence imposed given mitigating factors and custody period Evidence — Eye‑witness and co‑accused testimony — Corroboration by post‑mortem and circumstantial facts	27 August 1987
Republic vs Remi Ramadhan Shayo and Others (Criminal Sessions Case No. 7/85) [1987] TZHC 659 (12 August 1987) Conflicting identification, inadequate corroboration and investigative defects rendered convictions unsafe; all accused acquitted. Criminal law — accomplice evidence — requirement of corroboration — circumstances may corroborate accomplice testimony — Murder during robbery — Reliability of eyewitness identification Evidence — Child witness — uncorroborated evidence of child of tender years cannot sustain conviction — Conviction on uncorroborated testimony of child of tender years permissible under amended s.127 where court is satisfied of truthfulness	12 August 1987
April 1987
Republic vs Majid (Criminal Sessions Case No. 79 of 1985) [1987] TZHC 622 (15 April 1987) Acquittal where prosecution failed to prove identity of assailants due to unreliable identification evidence. Criminal law — identification evidence — reliability in darkness and chaotic scenes — dying statement and eyewitness testimony challenged — Murder — proof of death and unlawful causation established	15 April 1987
Republic vs Martini Maeja (Criminal Sessions Case No. 46 of 1985) [1987] TZHC 618 (3 April 1987) Insufficient proof of specific intent converted the murder charge into a manslaughter conviction. Criminal law — Evidence — credibility of witnesses — Inconsistent accounts and effect on mens rea findings — Homicide: distinguishing murder and manslaughter — Proof of specific intent to kill	3 April 1987
Republic vs Willson Mwandabola (Criminal Sessions Case No. 48 of 1985) [1987] TZHC 616 (3 April 1987) Provocation (interference with matrimonial life) reduced murder charges to manslaughter; convicted and sentenced to consecutive terms. Criminal law — homicide — distinction between murder and manslaughter — Provocation as defined in section 202 of the Penal Code Criminal law — Sentence — remand noted — Two consecutive five‑year terms for manslaughter	3 April 1987