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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


November 1990
Issa s/o Rajabu vs Republic (HC Criminal Appeal No. 129 of 1990) [1990] TZHC 331 (28 November 1990) Delay in reporting and lack of sperm-match did not defeat reliable identification, medical evidence and corroboration of child defilement. Criminal law — sexual offences against a child — Credibility of child complainant and corroboration by parent and medical evidence Criminal procedure — Delay in reporting sexual offences — Effect on credibility and risk of fabrication Evidence — Medical evidence and PF3 — Absence of sperm-match and necessity of forensic matching	28 November 1990
Akida Mohamed Mathani vs Republic (HC Criminal Appeal No. 41 of 1990) [1990] TZHC 326 (24 November 1990) Conviction unsafe where circumstantial evidence fails to prove theft; substitution to receiving stolen property allowed under s306 CPA. Criminal law — Theft and receiving stolen property — sufficiency of circumstantial evidence — Recent possession doctrine Criminal procedure — substitution of conviction — Substitution of conviction under section 306 of the Criminal Procedure Act — When substitution is appropriate	24 November 1990
Republic vs Charles s/o Kawishe (Criminal Sessions Case No. 58 of 1987) [1990] TZHC 598 (12 November 1990) Accused convicted of manslaughter on credible single eyewitness, corroborated by medical and circumstantial evidence; sentenced to seven years. Criminal law — assessors’ concurrent opinion — judge may lawfully depart where convinced by evidence — hostile witnesses — use of prior recorded statements as documents — Manslaughter — proof beyond reasonable doubt — sentencing — mitigation versus aggravation (force, pre-attack utterances) — single eyewitness related to deceased — corroboration as matter of practice	12 November 1990
October 1990
Republic vs Elidaimu Kiondo (Criminal Sessions Case No. 48 of 1989) [1990] TZHC 468 (24 October 1990) Prosecution failed to prove intent or culpable negligence for infant's poisoning; accused acquitted. Criminal law — mere accessibility of poison insufficient for conviction Assessors’ opinion — assessors found accused not culpable and court concurred — Murder — whether prosecution proved beyond reasonable doubt that accused caused death or acted with requisite intent or negligence Evidence — sufficiency of proof of knowledge of dangerous substance	24 October 1990
Republic vs Alfa s/o Ally & Another (Criminal Sessions Case No. 53 of 1989) [1990] TZHC 467 (23 October 1990) Dying declaration corroborated second accused’s involvement, but lack of proved malice reduced conviction to manslaughter. Criminal law — Murder — admissibility and need for corroboration Identification — mitigation for custody and first offender status — requirement of malice aforethought and effect of reasonable doubt Evidence — Dying declaration (Exhibit P2) — sufficiency of dying declaration and witness testimony to identify an assailant Accused’s alibi/placement at scene — effect on culpability and acquittal Sentence	23 October 1990