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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

7 judgments

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7 judgments

Citation	Judgment date
December 2017
Nurdin Abasi Nampala & Another vs Republic (Cons. Criminal Appeal No. 47 of 2017) [2017] TZHC 2225 (15 December 2017) A cautioned statement recorded outside statutory time and without required certification is inadmissible; one appellant convicted, the other acquitted. Criminal law – grievous harm; admissibility of cautioned statement – statutory timing and certification requirements; confession of co-accused – requirement that confessor implicates self; visual identification at night – Waziri Amani factors; sentencing limits of Resident Magistrate under section 170(1)(a) CPA.	15 December 2017
Mustapha s/o Mustapha Juma vs Selemani Bakari (PC Criminal Appeal 3 of 2017) [2017] TZHC 2035 (12 December 2017) Conviction quashed where ownership dispute unresolved and one-year sentence unlawful for trespass on farmland. Criminal law – Trespass under s.299(a) Penal Code; bona fide claim of right and unresolved civil ownership; inadmissibility of Ward Tribunal decision not involving accused to establish title; sentencing – maximum three months for trespass on land, one year only for dwellings/places of worship/custody of property; appellate interference where conviction or sentence unlawful or unjust.	12 December 2017
May 2017
The Republic vs Mariam D/O Albano (Criminal Session Case No. 10 of 2015) [2017] TZHC 2693 (31 May 2017)	31 May 2017
Hadija Said Matika vs Awesa Said Matika (PC. Civil Appeal No. 2 of 2016) [2017] TZHC 2667 (12 May 2017) Primary court failed mandatory procedures in appointing an administratrix and approving distribution; matter remitted for rehearing. Administration of estates – Primary court jurisdiction and procedure under section 19, Fifth Schedule and GN 49/1971; mandatory use of Forms I–VI and citation requirements; duty and independence of administrator to collect assets, file inventory and distribute estate; recording of proceedings and assessors' names; material procedural irregularities vitiate appointments and distributions; revision power to remit for rehearing.	12 May 2017
April 2017
Ignus Aloyce Ignus vs Republic (Criminal Appeal No. 130 of 2016) [2017] TZHC 2047 (25 April 2017) Conviction quashed where the applicant raised reasonable doubt and the prosecution failed to call a key witness. Criminal law – Rape – Consent as central issue; inconsistencies between victim’s testimony and recorded statements; failure to call material witness – adverse inference; medical evidence on penetration and force; best-evidence rule not absolute.	25 April 2017
March 2017
Julia Ester Sowani vs Magreth Fredrick Kasembe (PC Civil Appeal 1 of 2016) [2017] TZHC 2040 (6 March 2017) A spouse’s contribution may yield a matrimonial share but does not entitle the spouse to inherit the deceased’s estate property outright. * Probate & administration – distinction between surviving spouse’s matrimonial interest and deceased’s administered estate – spouse’s contribution may be isolated and quantified but does not convert estate property into spouse’s inheritance. * Family law – matrimonial property – joint effort presumption and need to determine extent of contribution and valuation. * Civil procedure – validity of purported settlement in estate distribution – requires agreement of administratrix and heirs. * Relief – quashing of district court order and remittal for additional evidence and valuation.	6 March 2017
Kelvin Rajabu Ungele & Others vs Republic (Consolidated Misc. Economic Crimes Applications 1 of 2017) [2017] TZHC 2034 (6 March 2017) Ordinary High Court registry lacks jurisdiction to hear bail for offences within the Corruption and Economic Crimes Division's exclusive jurisdiction. Bail — Jurisdiction — Economic and Organized Crimes Control Act (Cap. 200) as amended by Act No. 3 of 2016 — Corruption and Economic Crimes Division — s.3(3) and s.29(4) — committal vs filing of information — purposive statutory interpretation — preliminary objection sustained.	6 March 2017

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