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

15 judgments

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15 judgments


December 2000
Joram Yohana vs Abas Athuman & Another (PC Criminal Appeal No 4 of 2000) [2000] TZHC 222 (6 December 2000)	6 December 2000
November 2000
Republic vs Maria Chrispin and 2 Others (Criminal Session Case No. 14/98) [2000] TZHC 521 (28 November 2000) Suspicion from domestic violence and circumstantial evidence did not prove the accused's guilt beyond reasonable doubt. Criminal law — Murder — circumstantial evidence — principle that suspicion alone cannot found a conviction — Whether circumstantial evidence and history of domestic violence proved guilt beyond reasonable doubt	28 November 2000
Kimaro v Mkumbo and Another (Miscellaneous Civil Appeal No. 4 of 2000) [2000] TZHC 700 (24 November 2000) Appeals against orders allowing objections in attachment proceedings are not competent under the Civil Procedure Code 1966. Civil procedure — Attachment proceedings — Objection to attachment — Non-appealability of objection orders under Order XXI, Civil Procedure Code 1966	24 November 2000
October 2000
Republic vs Jackson Elisa Massawe (Criminal Session No 25 of 1997) [2000] TZHC 219 (17 October 2000)	17 October 2000
D.P.P. vs Abdi s/o Akida Mallya (Criminal Appeal No 105 of 1998) [2000] TZHC 516 (2 October 2000)	2 October 2000
August 2000
Ally Athumani vs Republic (Criminal Appeal No 13 of 2000) [2000] TZHC 220 (30 August 2000)	30 August 2000
D.P.P. vs Robert Massawe (HC Criminal Appeal No 3/2000) [2000] TZHC 221 (30 August 2000)	30 August 2000
Jerome K. Mallya vs Elizabeth Lekunani & Another (Misc. Civ. Appl. No. 118 of 1999) [2000] TZHC 224 (30 August 2000) Stay of execution granted where sale of residential property would unfairly affect appellant's family pending appeal. Civil procedure — Stay of execution — Application to stay enforcement pending appeal to the Court of Appeal — Consideration of residential character and family occupancy as equitable grounds for stay	30 August 2000
May 2000
Mussa Lukwaro vs Iddi Kimando Mdee (CR.APPF,AL NO. 13/1998; Criminal Appeal No. 8 of 1999) [2000] TZHC 223 (12 May 2000) Appellate trespass conviction set aside; land ownership disputes must be resolved in civil proceedings. Civil procedure — Land disputes — Disputed title: remedy by civil action, not criminal prosecution Criminal law — Criminal trespass — Where ownership of land is disputed between parties, the issue of title must be determined in civil proceedings — Civil remedy preferable Criminal procedure — Joinder — Failure to charge occupants who allegedly trespassed affects propriety of conviction	12 May 2000
April 2000
Auredeni Ndeonansia vs Godbless Elibariki Swai ((Pc) Civil Appeal No. 15 of 2002) [2000] TZHC 65 (28 April 2000) Appeal dismissed: wrong procedural remedy taken; Primary Court civil sale by auction upheld; unraised defects could not be reviewed. Criminal law — Assessors — credibility issues not raised at trial cannot found revision — objections not raised below cannot be raised on appeal Criminal law — Magistrates courts act — remedy for Primary Court civil judgments — appeal Criminal law — Primary Court civil proceedings — characterisation despite clerical slip	28 April 2000
Laurent Michael vs Juma Haji ((PC) Civil Appeal No. 59 of 1999) [2000] TZHC 441 (27 April 2000) Unsigned sale agreement is inadmissible; appellate court correctly reversed trial court and appeal dismissed. Land law — Property law — proof of title — admissibility of documents	27 April 2000
Juma Bonza vs Mama Clementina Joseph (PC Civil Appeal No. 50 of 1999) [2000] TZHC 439 (18 April 2000) Long possession exceeding 20 years vested title in the respondent; the applicant’s claim failed and appeal dismissed. Land law — adverse possession/long possession — burden of proof on claimant to establish superior title — concurrent findings of lower courts upheld — continuous occupancy over 20 years confers title — credibility and corroboration of witnesses decisive	18 April 2000
Chariman Mazao ya Kuku (Shafraeli S. N'gunda) vs Rogate Meena (Civil Appeal No. 25 of 1995) [2000] TZHC 629 (14 April 2000) A registered co‑operative society is a separate legal person and monies found on its premises are presumed to belong to the society unless proven otherwise. Civil procedure — Co‑operative societies — legal personality of a registered society — coram and recusal — whether misrecording of magistrate vitiates proceedings — Evidence — presumption that monies found on society premises belong to the society unless proven otherwise	14 April 2000
February 2000
John William Shayo vs Republic (High Court Criminal Appeal No. 37 of 1998) [2000] TZHC 505 (29 February 2000) Identification by a known victim under good lighting, plus recovery of stolen goods, upheld a robbery-with-violence conviction. Criminal law — Robbery with violence — Sufficiency of eyewitness identification and possession of recently stolen property as corroboration — identification evidence — reliability of identification Evidence — recent possession of stolen property — Circumstantial links and contemporaneous arrest as corroboration	29 February 2000
Joseph Ikania Shayo vs Republic (High Court Criminal Appeal No 69 of 1999) [2000] TZHC 412 (16 February 2000) Conviction for sodomy of a child upheld; sentence reduced to statutory 14 years as offence predated Sexual Offences Act. Criminal law — Unnatural offence/sodomy — Child sexual assault — Victim and family witness credibility — Delayed medical examination and negative PF3	16 February 2000

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