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

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

15 judgments

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15 judgments

Citation	Judgment date
August 1982
Juma Thomas Mwarabu vs Republic (Criminal Appeal No. 115/81) [1982] TZHC 41 (2 August 1982)	2 August 1982
Juma Thomas Mwarabu vs Republic (Criminal Appeal No. 115 of 1981) [1982] TZHC 28 (2 August 1982) Conviction for stealing by servant upheld; excessive compensation order set aside and substituted with Shs.6,000. Criminal law – Stealing by servant – conviction supported by possession, conversion and sale of distinctive company plywood identified by company agent; appellate review of compensation – excessive/unexplained award set aside and varied where restitution had occurred.	2 August 1982
Tayari Emmanuel Njanjika vs Republic (High Court Criminal Appeal No. 23 of 1982) [1982] TZHC 105 (2 August 1982) Recent possession of clearly identified stolen property and its sale shortly after a break‑in upheld convictions and sentences. Criminal law – house‑breaking (s.294(1)) and stealing (s.265) – recent possession doctrine – recovery of identified stolen property in accused’s possession – sale of stolen property shortly after offence – sufficiency of inference and failure of explanations to rebut.	2 August 1982
July 1982
Vicent Mnamba vs Republic (Criminal Appeal No. 99 of 1981) [1982] TZHC 27 (31 July 1982) Appeal allowed: conviction unsafe, illegal sentence, and appellant released where criminal negligence was not established. Criminal law – offence of causing loss to parastatal by employee (s.284A(1)) – standard of criminal negligence; Sentencing – sentence exceeding statutory maximum unlawful; Unsafe conviction where evidence indicates third‑party access and unexplained burglary.	31 July 1982
Scholla Kihwili vs Republic (HC Criminal Appeal No. 71 of 1980) [1982] TZHC 659 (30 July 1982)	30 July 1982
Yusufu Sefu vs Republic (High Court Criminal Appeal No. 21 of 1982) [1982] TZHC 100 (30 July 1982) Conviction quashed where identification and evidence were insufficient, rendering the conviction unsafe. Criminal appeal – Sufficiency of evidence – Identification evidence at night – Lack of corroboration – Unsafe conviction – Conviction quashed.	30 July 1982
June 1982
Lucas Osward vs Republic (High Court Criminal Appeal No. 1 of 1982) [1982] TZHC 99 (9 June 1982) Appeal against conviction for obtaining credit by false pretences dismissed; conviction upheld and sentence not excessive. Criminal law – Obtaining credit by false pretences (s.305(1) Penal Code); false representation via apparent agency for public organization; credibility and circumstantial evidence; sentence challenged as excessive.	9 June 1982
1st Acc. Inoga T. Anicent vs Republic (HC Criminal Appeal No 81/80) [1982] TZHC 86 (4 June 1982) Appeal against theft-by-servant convictions dismissed; trial credibility findings and five-year sentences upheld. Criminal law – Theft by servant – Eyewitness evidence and discovery of stolen property – Appellate review – Deference to trial court credibility findings – Sentence: minimum term upheld.	4 June 1982
May 1982
Edwin and Another v Republic (Criminal Appeals 44 and 45 of 1981) [1982] TZHC 770 (31 May 1982) Evidence – Cross-examination – Accused gave an unsworn statement – Court questioned and cross-examined him – Whether proper. Criminal Practice and Procedure – Evidence – Accused questioned and cross-examined by court on his unsworn statement – Improper – Effect on the decision of the court. Minimum Sentences Act, 1972 – Value of stolen property said to be over Shs. 5,000/= – No evidence to establish such value – Whether Minimum Sentences Act applicable.	31 May 1982
Ahmad Hashim vs Republic (Criminal Appeal No. 1 of 1981) [1982] TZHC 25 (12 May 1982) Conviction for possession of suspected stolen property quashed where explanations were undisproved and exhibits were improperly disposed. * Criminal law – Possession of suspected stolen property – charge misdescribing statutory basis (s.24 CPC) where search was by warrant – no prejudice found. * Evidence – Burden on prosecution to disprove reasonable explanations of lawful possession; trial magistrate must properly assess and justify rejection of such explanations. * Procedure – Improper disposal of exhibits pending appeal and improper fixation of sale price. * Revisional jurisdiction – Court quashes conviction in absence when appropriate.	12 May 1982
Jumula Swalehe vs Republic (HC Criminal Appeal No 45/80) [1982] TZHC 85 (5 May 1982) Conviction for possession of suspected stolen property quashed where appellant proved lawful acquisition; fine refunded and compensation ordered. Criminal law – Possession of suspected stolen property (s.312 Penal Code) – Accused’s explanation and corroboration – evidential burden on accused to give satisfactory explanation – appellate intervention where conviction unsupported by evidence – restitution of fine and proceeds of exhibits.	5 May 1982
April 1982
Issa Mohamed & another vs Republic (Criminal Appeal No. 51 & 52 of 1981) [1982] TZHC 26 (30 April 1982) A plea of guilty cannot support conviction where the facts do not disclose the offence; excessive sentences are illegal. * Criminal procedure – Plea of guilty – Magistrate must ensure facts disclose all ingredients of the offence before accepting plea. * Criminal law – Rogues and vagabonds (s.177(3) Penal Code) – Facts describing mere arrest do not constitute disclosure of offence. * Contempt of court (s.114(c)) – Conviction may be summary but sentence must conform to statutory maximums; excessive sentence illegal. * Revisional jurisdiction – Court may quash convictions where facts fail to disclose offence.	30 April 1982
Issa Mohamed & Another vs Republic (Criminal Appeal Nos.51 & 52 of 1981; Criminal Appeal Nos.51 & 52 of 1981) [1982] TZHC 38 (30 April 1982)	30 April 1982
March 1982
Ahmad Hashim vs Republic (Criminal Appeal No. 1 of 1981) [1982] TZHC 39 (12 March 1982)	12 March 1982
January 1982
Mohamedi Issa Nanjeru vs Republic (Criminal Appeal No. 75 of 1982) [1982] TZHC 109 (1 January 1982) Eyewitness daylight identification upheld arson conviction and three-year sentence; appeal dismissed. Criminal law – Arson; eyewitness identification in daylight; credibility of witnesses; sufficiency of evidence to prove guilt beyond reasonable doubt; appellate review of sentence.	1 January 1982