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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. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
2 judgments
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2 judgments
Citation
Judgment date
November 1995
Swalehe Mtonga & Another vs Republic (Economic Criminal Appeal No 3 of 1995) [1995] TZHC 1028 (22 November 1995)
Convictions based on inadmissible depositions and unsafe identification were quashed; appellants to be released if not lawfully detained.
* Criminal law – unlawful possession of government trophy (elephant tusks) – identification evidence – requirement to exclude all reasonable possibility of mistaken identity. * Evidence – hearsay/extrajudicial depositions – admissibility under section 34B Evidence Act – failure to call witnesses. * Trial irregularity – failure to call key witnesses and reliance on inadmissible depositions renders conviction unsafe.
 22 November 1995
July 1995
Hamisi Rajabu Mda vs Republic (Criminal Appeal No. 81 of 1996) [1995] TZHC 1107 (16 July 1995)
Identification in bright conditions and familiarity with police upheld convictions; three-year minimum sentences affirmed.
* Criminal law – Burglary and being armed with intent to burgle – Identification evidence – reliability where scene well illuminated and witnesses familiar with accused; corroboration by dropped iron bar (Exh. P.1). * Criminal procedure – Appellate review – credibility findings of trial court entitled to deference absent compelling reasons to overturn. * Sentencing – Minimum Sentences Act, 1972 – burglary attracts minimum three-year term; section 5 enhanced rigours not applicable on these facts.
 16 July 1995