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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

4 judgments

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4 judgments

Citation	Judgment date
October 1996
Mathayo Joseph vs Republic (Criminal Appeal No. 83 of 1996) [1996] TZHC 54 (16 October 1996) Absence of a permit alone does not prove unlawful possession; a plausible explanation can raise reasonable doubt. Criminal law – Possession of property suspected to be stolen – Absence of permit not conclusive proof of unlawful possession – Accused’s burden to give reasonable explanation is light – Assessment of witness credibility and corroboration – Proof beyond reasonable doubt required.	16 October 1996
August 1996
Ismail s/o Abdallah Utingo vs Repulic (High Court Criminal Appeal No. 11/96) [1996] TZHC 51 (28 August 1996) Material contradictions in prosecution witnesses' accounts rendered the convictions unsafe; appeal allowed and convictions quashed. * Criminal law – Appeal – appellate review of witness credibility – convictions unsafe where material contradictions exist between key prosecution witnesses; * Criminal procedure – failure to call expected police witness noted but not dispositive where contradictions render conviction unsafe.	28 August 1996
Jabili Omary vs Republic (High Court Criminal Appeal No. 15 of 1996) [1996] TZHC 50 (28 August 1996) Burglary conviction unsafe without proof of breaking; substituted to simple theft and sentence reduced. Criminal law – Burglary – essential element of 'breaking' must be proved (closed aperture then broken) – mere entry insufficient; Identification evidence – close-range identification and threats; Substitution of conviction to simple theft; Sentence reduction.	28 August 1996
March 1996
Habiba Ally Mkonga vs Hemedi Omary Mandai (PC Matrimonial Appeal No 5 of 1995) [1996] TZHC 342 (22 March 1996) Employment, limited domestic contribution and premarital materials reduce wife’s share; gifts and ordinary debts are not matrimonial assets. * Family law – division of matrimonial property under section 114 Law of Marriage Act 1971 – assessment of contributions (financial and domestic). * Matrimonial property – premarital materials applied to house construction. * Gifts to a spouse – not matrimonial assets. * Claims for ordinary debts between spouses – outside the Act and not adjudicable in matrimonial proceedings.	22 March 1996

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