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
6 judgments

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6 judgments
Citation
Judgment date
May 2021
Court convicted the accused of murder on reliable eyewitness identification and corroborative medical, ballistic and police evidence, sentencing them to death.
Criminal law – Murder – elements established by medical and ballistic evidence – haemorrhagic shock from bullet wound. Evidence – Visual identification at night – application of Waziri Amani safeguards; absence of identification parade not fatal. Evidence – Chain of custody and real evidence – spent cartridges deemed readily identifiable. Criminal procedure – Alibi requirements and weight where not timely pleaded. Corroboration – police interviews/statements corroborating eyewitness accounts.
20 May 2021
The applicants were granted bail pending trial with strict surety, travel and appearance conditions.
Criminal procedure – Bail – Applicants charged with economic offences – Application under s.29(4)(d) Economic and Organized Crime Control Act and s.148 Criminal Procedure Act – Republic not opposing – Court grants bail with conditions including surrender of travel documents, regional travel restriction, monetary bail bonds and immovable-property sureties.
19 May 2021
Unopposed bail pending trial granted for alleged wildlife/forest offences, subject to monetary bond, sureties and restrictions.
Bail — entitlement to bail pending trial under EOCCA and Criminal Procedure Act; offences alleged in game reserve bailable; absence of prosecution opposition; procedural error in citation of revised laws does not preclude bail; bail conditions — monetary bond, sureties, surrender of travel documents, movement restriction, mandatory court attendance.
19 May 2021
A probate petition filed after estate administration was complete is void; the district court correctly quashed the later proceedings.
Probate law – completion of administration – filing of Form VI and distribution concludes administration – no subsequent grant of letters for same estate.* Revision/procedure – validity of subsequent probate instituted after final distribution – such proceedings are nullities and may be quashed.* Remedies – heir aware of completed administration should claim share, not seek fresh letters of administration.
12 May 2021
Court found dismissal substantively and procedurally unfair, quashed CMA award and ordered reinstatement with back pay.
Employment law – unfair dismissal – substantive and procedural fairness – employer's burden to prove misconduct and compliance with Rule 13 (Code of Good Practice). Disciplinary procedure – requirement to frame charges, furnish evidence, allow cross‑examination and follow employer's Financial Regulations. Admissibility/weight of audit report and purported admissions – explanatory responses do not substitute for proof. Appropriate sanction – termination as last resort; proportionality and consideration of factors.
11 May 2021
11 May 2021