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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
2 judgments
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2 judgments
Citation
Judgment date
May 2018
Ally Mpalagana vs Republic (Criminal Appeal No. 213 of 2016) [2018] TZHC 2957 (8 May 2018)
Conviction for statutory rape upheld despite expunged cautioned statement due to overwhelming, unchallenged evidence.
Criminal law – Statutory rape (s.130(1), s.130(2)(e), s.131(1) Penal Code) – Victim’s evidence as best evidence – Cautioned statement must be read over to accused or be expunged – Failure to cross-examine leaves evidence unchallenged – Appellate courts’ concurrent findings of fact not lightly disturbed.
 8 May 2018
Ismail Ally vs Republic (Criminal Appeal No. 212 of 2016) [2018] TZHC 2956 (8 May 2018)
The applicant's challenges to PF3, witness contradictions, and age proof failed against strong eyewitness and medical evidence.
* Evidence — PF3 admissibility — registration at hospital not required; tender by clinical officer under s.240(3) CPA. * Evidence — Witness credibility — minor inconsistencies do not defeat prosecution; relatives may testify if credible. * Evidence — Impeachment — s.164(1)(c) TEA requires calling prior statements and cross-examination to challenge credibility. * Criminal Procedure — Child witnesses — s.127(2) TEA requires enquiry into understanding of oath and duty to tell truth; omission on oath meaning not fatal if duty understood. * Procedure — Proof of age — must be raised and contested at trial; failure to cross-examine makes it an afterthought on appeal.
 8 May 2018