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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

4 judgments

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4 judgments

Citation	Judgment date
December 2000
Thobias Igobi vs Republic (High Court Criminal Appeal No. 107 of 1990) [2000] TZHC 631 (4 December 2000) Conviction quashed where eyewitness identification was unsafe and the appellant’s alibi was not properly considered. * Criminal law – Identification evidence – reliability of eyewitness identification where visibility and witness conduct make identification improbable; alibi – trial court’s duty to consider alibi evidence; unsafe conviction – appellate interference to quash conviction and set aside sentences.	4 December 2000
November 2000
Marwa v Republic (Criminal Appeal No. 78 of 1998) [2000] TZHC 701 (29 November 2000) From the judgment ofthe District Court of Tarime at Tarime, Kurwijila, Esq, in Criminal Case No. 426 of 1997, Criminal Practice and Procedure - Trial within a trial - Trial within a trial to determine admissibility of a repudiated confession - Whether trial within a trial may be conducted by a District Court	29 November 2000
The Republic vs Mrenda S/O Nyahegere Manko (Criminal Sessions Case No. 53 of 2000) [2000] TZHC 70 (29 November 2000) Guilty plea and facts established manslaughter; provocation insufficient to excuse lethal-force killing; three-year sentence imposed. Criminal law – Manslaughter (s.195 Penal Code) – Guilty plea with factual admission sufficient for conviction; causation established by post-mortem (septic shock); provocation by adultery acknowledged but not exculpatory where a lethal weapon was used; sentencing—mitigating factors (age, health, dependants, pre-trial custody) weighed against use of a knife and need for deterrence.	29 November 2000
Garende s/o Nyabangi vs Hamisi s/o Choto (Miscellaneous Criminal Appeal No 06 of 1999) [2000] TZHC 493 (24 November 2000) Appeal dismissed where claimant failed to prove seized cattle belonged to the convicted person; ownership evidence favored respondent. * Criminal procedure – execution of compensation order – attachment of property – disputed ownership of seized cattle; evidential burden and identification marks. * Evidence – credibility and weight of witness testimony; identification of livestock by brand and seller’s evidence. * Civil remedy enforcement – requirement to prove linkage between seized property and person ordered to compensate.	24 November 2000

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