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

12 judgments

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12 judgments

Citation	Judgment date
July 2009
Juma Mikidadi Nguvenze vs Republic (Criminal Appeal No. 66 of 2006) [2009] TZHC 262 (30 July 2009) Possession of recently stolen property and arrest in a police sting upheld the theft conviction despite no eyewitness to the theft. * Criminal law – Theft – Possession of recently stolen property and arrest in flagrante following police sting supports conviction. * Evidence – Undercover police as witnesses – credibility and absence of demonstrated malice. * Identification – Serial numbers/special marks sufficient to establish ownership in absence of documentary proof. * Procedure – Failure to call a third party who might identify ownership does not necessarily undermine prosecution where accused caught with the item.	30 July 2009
May 2009
Ayubu Rashid vs Aziza Abdallah (PC Criminal Appeal No. 12 of 2007) [2009] TZHC 624 (6 May 2009) Appeal allowed where prosecution failed to prove theft ingredients beyond reasonable doubt; conviction quashed. * Criminal law – Theft (s.265 Penal Code) – proof of taking and intent to defraud – requirement of proof beyond reasonable doubt. * Evidence – evaluation of credibility – appellate review where trial court fails to explain acceptance of a witness’s account. * Criminal procedure – conviction cannot stand where evidence leaves reasonable doubt as to perpetrator.	6 May 2009
April 2009
Rajabu Rashid Namkola and Another vs Republic (Criminal Appeal No. 80 of 2008) [2009] TZHC 614 (29 April 2009) Convictions quashed where prosecution failed to prove possession of stolen goods and magistrate wrongly shifted burden to accused. Criminal law – possession of suspected stolen property – burden of proof remains on prosecution; accused need only give reasonable explanation; unjustified shifting of burden; proof required for alleged forged documents; forfeiture cannot stand without conviction.	29 April 2009
Nduruwe Hassan vs Republic (Criminal Appeal No. 29 of 2008) [2009] TZHC 611 (6 April 2009) Unreliable night-time identification and improper admission of a cautioned statement vitiated the armed robbery conviction. Criminal law – armed robbery – identification evidence – requirements for reliable visual identification (Waziri Amani) – necessity of descriptive particulars (Mohamed Allui) – cautioned statement admissibility – must be read aloud in court and accused given opportunity to comment – procedural irregularity vitiating conviction.	6 April 2009
Mussa Alli Hamidi vs Republic (Criminal Appeal No. 58 of 2008) [2009] TZHC 610 (3 April 2009) Conviction under section 129 quashed where prosecution failed to prove deliberate intent to wound religious feelings. Criminal law – Penal Code s.129 – Offence of uttering words with deliberate intention to wound religious feelings – mens rea requirement – mere expression or propagation of dissenting religious beliefs not sufficient – evidence must show targeting/deliberate intent; constitutional freedom of religion and expression.	3 April 2009
Matatizo Sangana vs Republic (Criminal Appeal No. 52 of 2008) [2009] TZHC 609 (1 April 2009) Conviction for rape quashed where voir dire of a 14‑year‑old was not properly conducted and evidence lacked corroboration. Evidence Act s.127 (child witness/voir dire) – failure to conduct proper voir dire reduces child’s evidence to unsworn testimony requiring corroboration; corroboration requirement – medical PF3 proves rape but does not identify assailant; conviction unsafe in absence of corroboration linking accused to offence.	1 April 2009
March 2009
Bakari Rashid @ Beka 'B' vs Republic (Criminal Appeal No. 8 of 2008) [2009] TZHC 608 (30 March 2009) Night-time identification with inconsistent witness accounts failed the Waziri Amani test; the appellant's conviction was quashed. * Criminal law – Identification evidence – Night-time encounter – Application of Waziri Amani (1980) TLR 250 – Need for clear description of lighting and accused’s features. * Evidence – Witness credibility – Material contradictions between witnesses (weapon description) justify appellate interference despite trial court’s reliance on demeanour. * Conviction for armed robbery quashed where identification evidence was not watertight.	30 March 2009
Ismail Hassan vs Republic (Criminal Appeal No. 170 of 2007) [2009] TZHC 622 (30 March 2009) Conviction for impregnating a schoolgirl upheld, but three-year prison sentence illegal for a first-offender aged eighteen; release ordered. * Criminal law – impregnating a schoolgirl under Education Act and G.N. No.265/2003; sufficiency of evidence; victim and medical evidence corroboration. * Sentencing – interaction between G.N.265/2003 and Penal Code s.131(2); young offender (18 years) as first offender to receive corporal punishment, not imprisonment. * Illegality of sentence – imprisonment contrary to statutory sentencing rule rendered sentence void and subject to set-aside.	30 March 2009
Zuberi Mohamedi Engema vs Republic (Criminal Appeal No. 184 of 2007; Criminal Case No. 63/2007) [2009] TZHC 621 (30 March 2009) Interlocutory appeals not finally determining a criminal charge are barred; trial must continue to final judgment. Criminal procedure – interlocutory orders – appeals barred by Written Laws (Miscellaneous Amendments) (No.3) Act No.25 of 2002 unless order finally determines the charge; preliminary hearing and section 225(4) CPC; explanation of charge under section 228(1); form of charge under section 132.	30 March 2009
Kitimila Choroko Mlanzi vs Republic (Criminal Appeal No. 25 of 2007) [2009] TZHC 620 (23 March 2009) An acquitted accused is entitled to restoration of seized money; suspicion or a bank withdrawal by the complainant does not justify returning it to the complainant. * Criminal procedure – acquittal and disposition of exhibits – whether seized money may be returned to complainant absent conclusive proof of ownership. * Evidence – suspicion and circumstantial inference – bank withdrawal as insufficient proof of ownership. * Property rights – restoration of seized property to an acquitted accused.	23 March 2009
Hamisi Ahamadi @Manditi and Others vs Republic (Criminal Appeal No. 34 of 2006) [2009] TZHC 625 (12 March 2009) Convictions quashed where prosecution failed to prove lawful authority of valuer and individual culpability of appellants. * Criminal law – offence under section 63(5) Village Land Act – willful delay/obstruction of person authorized to inspect village land. * Evidence – requirement to prove individual participation and intention; failure where witness accounts are vague or generalized. * Administrative/land law – authority to enter or value village land under Village Land Act No.5 of 1999; role of village council and need for proper directive.	12 March 2009
February 2009
Selemani Joseph Lapulapu vs Republic (Criminal Appeal No. 44 of 2008) [2009] TZHC 606 (18 February 2009) Where statute allows a fine, courts should generally fine unless compelling reasons warrant imprisonment. Sentencing – statutory alternative punishment – where statute permits a fine court should ordinarily impose a fine unless aggravating circumstances justify imprisonment; guilty plea and first-offender status as mitigating factors; appellate substitution of sentence.	18 February 2009