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

17 judgments

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17 judgments

Citation	Judgment date
December 1992
Hamza Yusufu vs Republic (High Court Criminal Appeal No. 185 of 1991) [1992] TZHC 710 (31 December 1992)	31 December 1992
Sisilu Mathayo vs Hashimu Mkopiti (PC Civil Appeal No. 27 of 1992) [1992] TZHC 89 (15 December 1992) A 16-year delay and procedural irregularities in paternity proceedings made the lower courts' judgments unsound, so appeal succeeded. * Family law – paternity proceedings – undue and inordinate delay (16 years) – prejudice to parties and reliability of claim; * Civil procedure – procedural irregularity in joining parties – effect on validity of lower courts’ judgments; * Appellate review – setting aside decisions unsupported in law and fact.	15 December 1992
Azunga Abasi vs Republic (Criminal Appeal No 99 of 1992) [1992] TZHC 490 (11 December 1992)	11 December 1992
Bendict Kyaruzi vs The Republic (Criminal Appeal No. 74 of 1992) [1992] TZHC 90 (3 December 1992) Unexplained stock shortages do not automatically establish theft or fraudulent false accounting by the appellant. Criminal law – Fraudulent false accounting (s.317(b)) – Elements required: servant status; destruction/alteration/falsification of employer documents; intent to defraud – Theft by public servant (ss.270,265) – Unexplained shortages alone insufficient – Prosecution must prove animus furandi beyond reasonable doubt – Burden of proof remains on prosecution.	3 December 1992
October 1992
Adamu Mbunda vs Siprian Mamboleo (PC Civil Appeal No. 110 of 1991) [1992] TZHC 78 (26 October 1992) Sale valid where seller authorized and transaction recorded before owner's death; appellate court restored trial decision. Land law – Validity of sale – Authority of seller – Written sale agreement witnessed by village elders and lodged at village office – Sale effected before owner's death removes property from deceased's estate – Appellate intervention where district court reversed credible trial findings without proper consideration of surrounding circumstances.	26 October 1992
Adamu Mbunda vs Siprian Mamboleo (PC Civil Appeal No. 110 of 1991) [1992] TZHC 99 (26 October 1992) Sale upheld where seller had authority and transaction preceded owner’s death, removing land from the estate. Land sale – validity – authority of vendor – written agreement and village elders’ attendance – village office record – sale prior to owner’s death removes land from deceased estate – lack of family consultation does not defeat purchaser’s title.	26 October 1992
Habibu Iddi Ngalilila vs Rehema Mchata (Civil Revision No. 3 of 1992) [1992] TZHC 91 (26 October 1992) District Magistrate’s revision was procedurally defective; judgment quashed and primary court order to refund purchaser upheld. * Matrimonial property – sale by one spouse to third party – contest in divorce/property division proceedings. * Civil procedure – revision competence – improper parties and wrong mode (criminal/civil revision anomaly). * Procedural fairness – failure to afford hearing – breach of s.22(3) Magistrates Courts Act, 1984. * Irregular judgment – decision delivered without record and in absence of parties – quashed. * Remedy – quashing of revision and upholding primary court order to refund purchase price.	26 October 1992
September 1992
Thabiti Mohamedi vs Republic (PC Criminal Appeal No. 40 of 1991) [1992] TZHC 355 (17 September 1992) An appellant’s theft conviction was quashed where possession and flight lacked proof of theft or guilty knowledge and the charge was miscited. Criminal law – Charging provisions – Incorrect statutory citation for store-breaking; Theft – proof required – possession of stolen goods and flight insufficient to convict absent proof of theft or knowledge of stolen nature (guilty receipt).	17 September 1992
August 1992
Daudi Mbena vs Republic (PC Criminal Appeal No 6 of 1992) [1992] TZHC 451 (28 August 1992) Convictions set aside for lack of reliable identification and insufficient evidence; appellant ordered released forthwith. Criminal law – conviction – identification evidence – reliability of witness identification in poor lighting – insufficient corroboration – appellate intervention – setting aside convictions – release from custody.	28 August 1992
July 1992
Hakika vs Iddi (PC Matrimonial Civil Appeal No. 5 of 1991) [1992] TZHC 310 (15 July 1992)	15 July 1992
May 1992
Athumani vs Republic (HC Criminal Appeal No. 231 of 1991) [1992] TZHC 346 (15 May 1992) Evidence supported larceny, not house breaking; five-year sentence reduced as manifestly excessive to three years. * Criminal law – Distinction between house breaking and larceny – insufficiency of evidence for house breaking but sufficient for larceny. * Sentencing – Scheduled offences and mandatory minimum sentences – five-year term unjustified absent proof of value threshold; reduction to three years for first offender. * Appellate intervention where sentence is manifestly excessive.	15 May 1992
April 1992
Jacob Wallace vs Republic (HC Criminal Appeal No. 211 of 1992) [1992] TZHC 430 (6 April 1992) Appellant's claim of innocent receipt of funds rejected; conviction for obtaining money by false pretences and sentence upheld. Criminal law – Obtaining money by false pretences (s.302 Penal Code) – Proof of fictitious sender and corroboration by accomplice – Knowledge and intention to defraud – Defence of innocent receipt rejected.	6 April 1992
Mathias Stephen and Others vs Republic (High Court Criminal Appeal No. 212 of 1991) [1992] TZHC 593 (6 April 1992)	6 April 1992
March 1992
Shirazi Dadani vs Republic (Criminal Appeal No. 224 of 1991) [1992] TZHC 338 (25 March 1992) Unequivocal plea required; plea admitting facts of a different, more serious offence renders conviction unsafe and is quashed. Criminal law – Plea of guilty – Unequivocal plea – Variance between charge and particulars – Plea to lesser/incorrect offence renders plea equivocal and conviction unsafe – Quashing conviction and setting aside sentence; discretion to order retrial where appellant has served time.	25 March 1992
Joseph Makelele and Another vs Republic (High Court Criminal Appeal No. 201 of 1991) [1992] TZHC 586 (23 March 1992)	23 March 1992
Mohamedi Nwichande (HC Criminal Appeal No. 181 of 1991) [1992] TZHC 431 (23 March 1992) Conviction based on inadequately proven identification of recovered stolen property is unsafe and was quashed. Criminal law – Theft – Identification evidence – Proof of identification and chain of custody of recovered property – Conviction unsafe where procedural safeguards for identification not shown.	23 March 1992
Mohamedi vs Republic (HC Criminal Appeal No. 181 of 1991) [1992] TZHC 429 (23 March 1992) Conviction for burglary and theft quashed where required identification procedures for stolen property/accused were not satisfied. Criminal law – Burglary and theft – Identification evidence and procedural safeguards for identification of stolen property/accused – Failure to comply renders conviction unsafe – Conviction quashed.	23 March 1992