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

11 judgments

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11 judgments

Citation	Judgment date
September 1991
Ayubu Mbano vs Republic (HC Criminal Appeal No. 85 of 1991) [1991] TZHC 2435 (18 September 1991) Conviction for theft upheld on credible corroborated evidence; five‑year sentence reduced to three years for being excessive. Criminal law – theft – sufficiency and corroboration of evidence; right to be heard and election to remain silent; trial procedure – change of venue application absent from record; sentencing – appellate reduction for excessive sentence.	18 September 1991
Matei Benedict Mselewa vs Republic (HC Criminal Appeal No. 206 of 1990) [1991] TZHC 2423 (6 September 1991) Appeal partly allowed where losses plausibly due to poor storage and pests; other convictions and sentences upheld. Criminal law – Theft by servant – Sufficiency of evidence where stored agricultural produce was lost – Distinction between leakage allowance and shrinkage/pest destruction – Auditor’s accounting as evidence – Appellate review of convictions and sentences.	6 September 1991
August 1991
Caster Anthony Honde and Another vs Republic (HC Criminal Appeal No. 75 of 1991) [1991] TZHC 2402 (8 August 1991) Appeal allowed: convictions quashed because the key prosecution witness was unreliable, creating reasonable doubt. Criminal law – convictions based on single witness identification – credibility and concealment by key witness; alibi evidence; reasonable doubt; quashing convictions.	8 August 1991
Zuberi Juma vs Republic (HC Criminal Appeal No. 180 of 1990) [1991] TZHC 2403 (8 August 1991) The applicant’s appeal against theft conviction and maximum sentence dismissed for insufficient challenge to identification evidence. Criminal law – Theft – Identification and proof of ownership – Prior description and in‑court identification of stolen animals – Credibility of witnesses; Appeal – Conviction and sentence – Whether evidence supported conviction and whether sentence was excessive.	8 August 1991
July 1991
Felister Chiwila vs Anton L. Akahova (PC. Matrimonial Civil Appeal No. 6 of 1990) [1991] TZHC 2386 (13 July 1991) Appeal allowed: habitual drunkenness and neglect found to constitute irretrievable breakdown; petitioner awarded half the matrimonial house. * Family law – Divorce – Determination of irretrievable breakdown under s.107 of the Marriage Act – Evidence of cruelty and wilful neglect by habitual drunkenness and failure to maintain spouse. * Family law – Division of matrimonial property – Contributions by spouse (salary and effort) to construction of house entitling equal compensation.	13 July 1991
June 1991
Isdora B. Hyera vs Emanuel Kakoyo ((PC) Civil Appeal No. 35 of 1991) [1991] TZHC 2477 (23 June 1991)	23 June 1991
Benedicto Mahua vs Valentin Mbunda and Others ((PC) Civil Appeal No. 32 of 1991) [1991] TZHC 2475 (12 June 1991)	12 June 1991
Betram Salimu vs Honorati Haule ((PC) Civil Appeal No. 30 of 1991) [1991] TZHC 2474 (12 June 1991)	12 June 1991
May 1991
Sixmund Michael Nombo vs Mwenyekiti Wa Kijiji Cha Kitanda (PC Civil Appeal No. 5 of 1991) [1991] TZHC 2351 (30 May 1991) Allocation by ten‑cell leader was valid; appellate court restored Primary Court and set aside District Court judgment. Land law – village land allocation – delegation of allocation powers to ten‑cell leaders – validity of customary/administrative allocation procedure; appellate review – correctness of District Court quashing Primary Court factual findings; compensation – appropriateness where quashing conflicts with established occupation and improvements.	30 May 1991
Ahamad Salum vs Republic (HC Criminal Appeal No. 213 of 1990) [1991] TZHC 2338 (4 May 1991) Suspicious circumstantial evidence (location of cash box and inferences about keys) was insufficient to prove the appellant's guilt. Criminal law – circumstantial evidence – suspicion insufficient to convict – necessity to exclude reasonable innocent explanations – requirement to prove guilt beyond reasonable doubt.	4 May 1991
April 1991
Innocent Mgala vs Republic (HC Criminal Appeal No. 162 of 1990) [1991] TZHC 2326 (16 April 1991) The appellant's conviction was quashed because identification by colour alone did not establish ownership of the alleged stolen property. * Criminal law – Theft and housebreaking – Identification of stolen property – Identification by colour alone insufficient unless colour peculiar to owner. * Possession and concealment – Presence of item in accused’s house does not automatically prove ownership or guilt. * Burden of proof – Prosecution must prove ownership and guilt beyond reasonable doubt.	16 April 1991