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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

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3 judgments

Citation	Judgment date
August 1981
Director of Public Prosecutions vs Boniface Francis (HC Criminal Appeal No 61 of 1980) [1981] TZHC 2143 (31 August 1981) Court increased the respondent's imprisonment and licence cancellation for causing death by dangerous driving, enforcing statutory minimums. * Sentencing – Road Traffic Act – causing death by dangerous driving – statutory minimum custodial sentence where death has occurred (s.40(1) and s.63(2)(a)). * Licence cancellation/disqualification – minimum periods under s.27(1)(a). * Departure from statutory minima – requires special reasons; absence thereof grounds appeal success.	31 August 1981
Mohamed Malimusi Rashidi vs Republic (High Court Criminal Appeal No. 53 of 1980) [1981] TZHC 2142 (28 August 1981) Convictions quashed and retrial ordered where a succeeding magistrate wrote judgment without observing witnesses under section 196. * Criminal law – Traffic offences – dangerous driving causing death and bodily injury – causation and role of mechanical defects (broken front spring). * Evidence – expert/inspection report versus oral opinion; improper substitution of judicial opinion for evidence. * Criminal procedure – section 196 Criminal Procedure Code – succeeding magistrate taking over trial must ensure fairness, recall witnesses if necessary; failure may require retrial. * Remedy – convictions quashed and retrial ordered; revisional powers used to set aside second accused's conviction. * Administrative – driving licence suspension operative from date of order.	28 August 1981
Abdallah Rashidi vs Republic (High Court Criminal Appeal No. 97 of 1980) [1981] TZHC 2348 (18 August 1981) Drunk-driving conviction quashed for lack of chain of custody; other convictions upheld and illegal sentences on two counts amended. * Traffic law – drunk driving – chemist's report insufficient without evidence of chain of custody and identification of blood sample. * Evidence – necessity of proving sequence of events and sample identification where laboratory analysis is relied upon. * Sentencing – statutory minimum fines and imprisonment; sentences below statutory minima are illegal and must be set aside and substituted. * Traffic offences – sufficiency of evidence for careless driving, driving without licence, and use of vehicle not in good mechanical repair.	18 August 1981

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