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
4 judgments

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4 judgments
Citation
Judgment date
March 2012
Acquittal where accomplice testimony was uncorroborated and identification evidence was inconsistent and unreliable.
Criminal law – Murder – sufficiency of evidence; Accomplice evidence – participes criminis, credibility and need for corroboration; Identification evidence – reliability under darkness and inconsistent witness accounts; Plea of guilty – when it is not an unequivocal admission.
8 March 2012
Accused acquitted of murder due to unreliable accomplice identification and prosecution's failure to prove guilt.
Criminal law — Murder — Identification evidence and contradictions; accomplice testimony requires caution and corroboration; burden of proof on prosecution; plea of guilty must be unequivocal; procedural compliance with s.293(2) Criminal Procedure Act and re‑constitution of trial.
8 March 2012
Accused acquitted where night identification was unreliable and cautioned statement did not prove guilt.
* Criminal law — Visual identification at night — requirement to exclude possibilities of mistaken identity. * Criminal law — Cautioned statement — whether it amounts to an unequivocal confession and can corroborate visual identification. * Evidence — failure to call material witnesses — adverse inference. * Criminal procedure — alibi notice under s.194(4)–(5) CPA.
2 March 2012
Unreliable night-time visual identification and an uncorroborated, inconsistent cautioned statement cannot sustain a murder conviction.
* Criminal law – Murder – reliance on visual identification at night – conditions for safe identification.* Criminal procedure – cautioned statement – when it amounts to a confession and its capacity to corroborate identification evidence.* Evidentiary duty – failure to call material witnesses and adverse inference.* Alibi – statutory notice requirements (s.194 CPA) and consequences.
2 March 2012