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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

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https://jmap.judiciary.go.tz/jmap/jmap-hc

5 judgments

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5 judgments

Citation	Judgment date
December 2006
Andrea Jackobo vs Republic (Criminal Appeal No. 22 of 2006) [2006] TZHC 192 (14 December 2006) Conviction for possession of narcotics quashed where lone police testimony lacked scientific identification and corroboration. Criminal law – narcotic drugs – possession – admissibility and sufficiency of identification evidence – requirement for cogent/professional proof and calling of available witnesses; unsafe conviction quashed.	14 December 2006
Andrea Jakobo vs Republic (Criminal Appeal No. 22 of 2006) [2006] TZHC 665 (14 December 2006) Conviction for possession of narcotics quashed where prosecution failed to prove substance identity or call corroborative witnesses. Narcotic drugs – proof of identity of seized substance – necessity of scientific or expert evidence where identification by single police witness is unsubstantiated; failure to call expected witnesses undermines prosecution case; convictions for serious drug offences require cogent evidence.	14 December 2006
Ibadi Hassan Mtima vs Republic (Criminal Appeal No. 142 of 2005) [2006] TZHC 250 (14 December 2006) The appellant's possession conviction upheld but theft conviction quashed as duplicative. Criminal law – Possession of stolen property – identification of exhibits (bicycle frame number; pump serial number) – eyewitness identification and flight; Criminal law – Theft – insufficiency of evidence where there is no proof of breaking or actual theft; Conviction duplicity – conviction for possession cannot support a separate stealing conviction on same facts.	14 December 2006
Ibadi Hassan Mtima vs Republic (Criminal Appeal No. 142 of 2005) [2006] TZHC 752 (14 December 2006) A possession conviction was upheld, but a concurrent stealing conviction based on the same facts was quashed for impermissible duplication. * Criminal law – Possession of stolen property – identification by owner (frame/serial numbers and receipts) – sufficiency of evidence to convict. * Criminal procedure – Duplicity of convictions – impermissibility of convicting for stealing and for possession of the same stolen items on the same facts.	14 December 2006
Issa Mohamedi vs Hasina Haliya (PC Criminal Appeal No. 3 of 2006) [2006] TZHC 663 (8 December 2006) Open-door entry cannot sustain housebreaking; the act was attempted theft and malicious damage conviction upheld. * Criminal law – housebreaking – entry through an open door does not constitute "breaking" for housebreaking offences. * Criminal law – theft v. attempted theft – arrest before removal of property amounts to attempted theft. * Sentencing – Minimum Sentence Act – offences removed from the Act by 2002 amendment cannot be sentenced under section 5. * Malicious damage – conviction supported where accused deliberately damaged complainant’s property.	8 December 2006

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