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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
7 judgments
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7 judgments
Citation
Judgment date
May 2005
Chacha s/o Richard vs The United Republic (HC Criminal Appeal No. 330 of 2004) [2005] TZHC 752 (6 May 2005)
Possession and sale of stolen goods by a mitumba vendor did not conclusively prove he committed the housebreaking.
* Criminal law – housebreaking and stealing – sufficiency of evidence to prove accused committed break-in; doctrine of recent possession. * Criminal law – receiving stolen property (s.311 Penal Code) – unlawful possession and sale of stolen goods as basis for conviction. * Evidence – weight of search and identification evidence; effect of time lapse between theft and possession. * Sentence – substitution of lesser offence where primary offence not proved.
 6 May 2005
Felix s/o Kichele and Another vs United Republic (HC Criminal Appeal No. 119 of 2004) [2005] TZHC 751 (6 May 2005)
A credible single on‑scene identification can sustain an armed robbery conviction despite parade procedural defects.
* Criminal law – Identification evidence – Admissibility and reliability of single‑witness on‑scene identification; factual inquiry into unfavourable conditions. * Criminal procedure – Identification parade – procedural safeguards and evidential value of parade register. * Armed robbery – proof by use of firearm and infliction of injury.
 6 May 2005
Felix s/o Kichele & another vs Republic (Criminal Appeal No. 119 of 2004) [2005] TZHC 246 (6 May 2005)
A credible single eyewitness identification can sustain an armed robbery conviction despite procedural defects in an ID parade.
Criminal law – Identification evidence – Single eyewitness identification can suffice if witness credible and had opportunity to observe; Identification parade – procedural safeguards required and defects reduce evidential value; Appeals – appellate court reluctant to disturb trial court’s credibility findings absent vitiating factors; Armed robbery – use of a weapon and violence establish offence and justify statutory minimum sentence.
 6 May 2005
Mniko s/o Chacha and Another vs United Republic (HC Criminal Appeal No. 206 of 2004) [2005] TZHC 750 (6 May 2005)
First appellant convicted of robbery with violence; second acquitted; improper 30-year sentence reduced to 15 years.
* Criminal law – Robbery with violence (s.285 Penal Code) – threat or use of a panga sufficient; PF3 not required to prove violence. * Identification – failure to name a suspect at the earliest opportunity may raise reasonable doubt. * Sentencing – unlawful to sentence for armed robbery when convicted of robbery with violence; sentence must match conviction.
 6 May 2005
Ogawa Butunga & Others vs Republic (Criminal Appeal No. 329 of 2004) [2005] TZHC 302 (6 May 2005)
Two appellants' armed robbery convictions upheld on reliable identification; the second appellant's conviction and compensation order quashed.
Criminal law – Armed robbery – Identification evidence – lighting, previous acquaintance, opportunity to observe and immediate naming; recent possession and recovery procedure; alibi particulars under s.194(4)&(5) CPA; compensatory orders require evidentiary proof of value.
 6 May 2005
Niko s/o Salvatory @ Masatu and Another vs United Republic (HC Criminal Appeal No. 216 of 2004) [2005] TZHC 749 (3 May 2005)
Appellate court re-evaluated evidence after defective trial judgment, quashing burglary convictions but upholding one theft conviction.
Criminal law – adequacy of written judgment (s.312 CPA) – appellate re-evaluation of evidence; Burglary – requirement of unlawful/forceful breaking and entry; Possession of recently stolen property – inference of theft; Visual identification – need for detailed description when witness first sees accused.
 3 May 2005
Pastory s/o Sahani vs The United Republic (HC Criminal Appeal No. 118 of 2004) [2005] TZHC 748 (2 May 2005)
Appellant's alibi and identification were properly discredited; conviction and five-year sentence for motorcycle theft upheld.
* Criminal law – theft – recovery of stolen motor vehicle from another's house – tampered registration plate and incriminating diary as linking evidence. * Criminal procedure – alibi – requirement to furnish particulars under section 194(4)–(6) and effect of failure to do so. * Evidence – assessment of credibility – appellate deference to trial court findings; minor inconsistencies not necessarily fatal. * Drawing negative inference from false or contradictory defence statements. * Sentencing – five-year term for stealing motor vehicle not excessive.
 2 May 2005