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

Visit website

https://jmap.judiciary.go.tz/jmap/jmap-hc

11 judgments

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11 judgments


November 1991
Republic vs Patrick Soka and Another (Criminal Sessions Case No. 30 of 1990) [1991] TZHC 2458 (22 November 1991) Private unlawful arrest and excessive force by seminarians found; manslaughter not proved, convicted of assault occasioning actual bodily harm. Criminal law — Private person’s arrest — Alternative verdict where causation of death not proved — Assault occasioning actual bodily harm — Common intention among group of seminarians — illegality of arrest without warrant — Excessive force — Weight of dying declaration and post‑mortem evidence	22 November 1991
Republic vs Patric Soka and Another (Criminal Sessions Case No. 30 of 1990) [1991] TZHC 1995 (22 November 1991) Whether priests who arrested, paraded and beat a suspect caused his death or were guilty only of assault; court convicted for actual bodily harm. Criminal law — assault occasioning actual bodily harm (s.241 Penal Code) — assessors’ advice versus judicial findings — conviction on alternative verdict where murder not proved Criminal law — Murder — circumstantial evidence and dying declaration — insufficiency to prove fatal blow Criminal law — private person arrests — obligation to hand over without unnecessary delay	22 November 1991
Matrida Hildoforce vs Hildoforce Gakwandi (Misc Civil Appeal No 6 of 1989) [1991] TZHC 2697 (21 November 1991) Custodial dispute from concubinage is governed by customary law; district court lacked jurisdiction, proceedings quashed. Family law — custody — concubinage Family law — Jurisdiction — custody and legitimation — direction to legitimate children and obtain birth certificates — proceedings in District Court without jurisdiction quashed and set aside	21 November 1991
Edward Raphael vs Republic (Criminal Appeal No. 105 of 1991) [1991] TZHC 2578 (15 November 1991)	15 November 1991
Evodi s/o Sirili vs Republic (PC Criminal Appeal No. 19 of 1988) [1991] TZHC 2759 (15 November 1991) Identification in darkness and improper appellate re-sentencing led to quashing of convictions and sentences. Criminal law — Criminal appeals — Sentencing on appeal — Appellate court cannot re-punish by imposing the same sentence anew or unlawfully enhance sentences where offence is not a scheduled offence Criminal law — identification evidence — identification insufficient to convict — Reliability when complainant awoke from sleep in darkness and only saw torchlight Evidence — Burden of proof	15 November 1991
Shaibu Mohamed Mashemli vs Republic (High Court Criminal Appeal No. 200 of 1990) [1991] TZHC 2456 (15 November 1991) Convictions quashed where possession of stolen property was not proved beyond reasonable doubt due to flawed searches. Appellate practice — Appellate review of trial court's evaluation of evidence and credibility — Unsafe conviction (insufficiency of evidence) Criminal law — possession of stolen property — Doctrine of recent possession Criminal procedure — Search and seizure — Requirement of civilian/independent witness during search	15 November 1991
July 1991
Republic vs Daniel Jeremiah & Another (Criminal Sessions Case No. 40 of 1989) [1991] TZHC 2661 (23 July 1991) Circumstantial and forensic evidence (diazinon detection) established guilt for murder by poisoning of a five‑day‑old infant. Criminal law — Circumstantial evidence — sufficiency of circumstantial evidence — Irresistible and conclusive inference — Murder — proof of poisoning — Diazinon toxicology Evidence — Forensic evidence — toxicology and post‑mortem in establishing causation in poisoning cases — Establishment of cause of death (diazinon detection)	23 July 1991
Republic vs Tareto Serikoki and 2 Others (Criminal Sessions Case No. 23 of 1989) [1991] TZHC 2662 (23 July 1991) Accused acquitted of murder due to contradictory identification evidence and overall insufficiency of proof. Criminal law — Murder: identification and credibility of eyewitnesses — Contradictory eyewitness descriptions undermining reliability of identification Criminal procedure — Acquittal — Defence evidence raising reasonable doubt precludes conviction	23 July 1991
June 1991
Republic vs Fredrick Mrema and Another (Criminal Sessions Case No. 3 of 1990) [1991] TZHC 2366 (12 June 1991) Prosecution failed to prove seized meat was government ‘trophy’ (giraffe/dik‑dik); accused acquitted and certain seized items returned. Wildlife offences — Wildlife conservation act — acquittal where prosecution fails to prove trophy status beyond reasonable doubt — evidential burden — identification of meat by visual inspection — insufficiency of uncorroborated expert naked‑eye identification	12 June 1991
April 1991
Republic vs William Mwita (Criminal Sessions Case No 43 of 1989) [1991] TZHC 2616 (8 April 1991) Lack of medical causation and unreliable identification evidence led to acquittal of the accused on murder charges. Criminal law — identification — out‑of‑court voice identification and requirement for strong corroboration Criminal law — Murder — causation of death — medical evidence on cause of death Criminal law — Witness reliability — Acquittal for failure to prove guilt beyond reasonable doubt — inconsistencies in statements	8 April 1991
March 1991
Rose Sabas vs Atanasi Mekunta (Civil Appeal No. 84 of 1985) [1991] TZHC 2783 (19 March 1991) A concubine may recover reasonable compensation for contributions despite no lawful marriage; trial court must assess witness credibility. Family law — Cohabitation/concubinage — restitution/unjust enrichment — cohabitee’s right to compensation for contributions despite absence of lawful marriage — Evidence and credibility — appellate review where trial court failed to assess witness credibility — Quantification — global award permissible where detailed proof of value lacking	19 March 1991

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