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
2 judgments

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2 judgments
Citation
Judgment date
August 2006
Mandatory Economic Crimes Act bail conditions apply; trial magistrate erred by varying them and pre-judging evidence.
* Criminal procedure – Bail – Review and variation of bail conditions during proceedings – power to review without formal written application; limitations where law prescribes mandatory conditions. * Economic and Organized Crime Control Act – Section 36(4)(e) and (5) – mandatory bail conditions (cash deposit equal to half value of property and bond) applicable where offences carry stricter conditions than Criminal Procedure Act. * Conflict of laws – where multiple statutes apply, the court must impose the most stringent bail conditions. * Improper considerations – reliance on partly recorded evidence and remarks suggesting probable guilt amount to extraneous considerations and pre-judgment.
21 August 2006
Conviction quashed where prosecution failed to identify stolen property and recent-possession doctrine was misapplied.
Criminal law – Burglary and theft – Identification of stolen property – Complainant must describe distinguishing features; Criminal law – Doctrine of recent possession – Applicable only if recovered items are proven to be the very items stolen; Evidence – Burden on prosecution to prove ownership and recent theft beyond reasonable doubt; Sentencing – Minimum Sentence Act First Schedule amendments (Written Laws (Misc. Amendments) Act No.9/2002) removed earlier mandatory minima.
18 August 2006