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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

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4 judgments

Citation	Judgment date
November 2006
Sofia Mkoto vs Mwanahamisi Ally (PC. Civil Appeal No. 10 of 2005) [2006] TZHC 290 (24 November 2006) Insufficient and uncorroborated evidence, including a post-incident payment, cannot sustain an adultery finding or damages award. Civil procedure — second appeal limited to points of law or obvious misdirection; Evidence — adultery claims require credible direct or corroborated circumstantial evidence; Interested witness — testimony requires corroboration; Payment/settlement — compensation paid does not conclusively prove adultery; Damages — award for adultery must be justified and consider customary factors (Law of Marriage Act s.74(2)).	24 November 2006
Maingu Karogoje Buremo vs Unto Aikas (Misc. Civil Application No. 11 of 2004) [2006] TZHC 229 (23 November 2006) Leave to appeal refused where dispute involved factual findings on defamation and qualified privilege, not a point of law. Civil procedure – leave to appeal – application under wrong statutory provision – merits involve factual determination on defamation and qualified privilege; test for defamation is objective (third‑party perception).	23 November 2006
Republic vs Mussa Kamfuma (Criminal Session Case No. 28 of 2005) [2006] TZHC 254 (20 November 2006) Unreliable identification and absence of an admissible cautioned statement rendered the prosecution case insufficient; accused acquitted. Criminal law – sufficiency of prosecution evidence under section 293 – visual identification – reliability and conditions for identification (Waziki Amani guidelines) – inadmissibility/value of uncproduced cautioned statement.	20 November 2006
Jackson Aloyce @Mmole vs Republic (Criminal Appeal No. 80 of 2005) [2006] TZHC 247 (17 November 2006) Conviction for rape overturned due to partisan family evidence, lack of voir dire, inadequate PF3 and insufficient proof. Criminal law – Rape – reliance on testimony of close relatives; Evidence Act s.127(2) – voir dire for child witnesses; PF3 medical report – sufficiency; conviction beyond reasonable doubt; ambiguous sentencing order; retrial discretionary and not ordered where prosecution evidence is insufficient.	17 November 2006

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