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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

6 judgments

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6 judgments

Citation	Judgment date
November 1972
Republic vs Ezekiel Mwalimu (Criminal Sessions Case No. 158 of 1972) [1972] TZHC 309 (25 November 1972) Accidental fatal blow aimed at a third party constituted manslaughter; plea to manslaughter was accepted. Criminal law – Homicide – Distinction between murder and manslaughter – Unintentional killing where an assault aimed at a third party accidentally fatally injures another. Plea procedure – Acceptance of plea to a lesser offence (manslaughter) by the prosecution and recording by the court.	25 November 1972
Republic vs Hilia Daffi and Others (Criminal Sessions Case No. 147 of 1972) [1972] TZHC 219 (24 November 1972) Circumstantial evidence insufficient for murder convictions of two accused; first accused convicted as accessory after the fact and sentenced to three years. Criminal law – Murder charged on circumstantial evidence – High threshold: circumstantial facts must exclude reasonable alternative hypotheses; unsafe night identification – Accessory after the fact – Court may convict of lesser offence under s.181(2) Criminal Procedure Code when murder not proved.	24 November 1972
September 1972
Republic vs Yindi s/o Mwendo (Criminal Sessions Case No. 86 of 1972) [1972] TZHC 132 (6 September 1972) Dying declaration and circumstantial evidence proved causation but absence of malice reduced conviction to manslaughter, four years' jail. Criminal law — murder v. manslaughter; dying declaration and corroboration; circumstantial evidence; identity and causation; absence of malice aforethought; sentence.	6 September 1972
Republic vs Rashidi S/O Upemba (Criminal Sessions Case No. 20 of 1972) [1972] TZHC 130 (2 September 1972) Manslaughter not proven for lack of causal certainty; conviction entered for unlawful wounding for unlicensed gum operation, eight months imprisonment. Criminal law – Manslaughter – causation – requirement to prove the accused’s act caused the fatal infection beyond reasonable doubt. Unlawful medical/dental practice – performing surgical procedures without licence – constitutes unlawful wounding. Lesser cognate offences – conviction for unlawful wounding appropriate where causation for death not established. Sentencing – mitigation for first offender and prolonged custody may warrant leniency.	2 September 1972
June 1972
Republic vs Temange S/O Sambi (Criminal Sessions Case No. 26 of 1972) [1972] TZHC 64 (12 June 1972) Retracted confession corroborated by physical and circumstantial evidence led to conviction for manslaughter, not murder. Criminal law – admissibility of extra‑judicial confession – retracted confession requires independent corroboration; Homicide – arrow causing perforation of heart; Provocation – suspicion of spouse's adultery may amount to grave and sudden provocation depending on facts; Conviction for manslaughter on corroborated confession and circumstantial evidence.	12 June 1972
March 1972
Republic vs Saidi Labia (Criminal Sessions Case No. 161 of 1972) [1972] TZHC 310 (25 March 1972) Circumstantial evidence and prior domestic violence admitted; accused convicted of manslaughter, not murder, for lack of proven malice. Criminal law – Circumstantial evidence – sufficiency to exclude reasonable hypotheses of innocence – conviction on circumstantial proof. Evidence – Admissibility of previous conduct – prior assaults on the deceased admissible under Evidence Act when relevant to explain cause and state of affairs. Witness credibility – delayed reporting justified by fear – delay does not automatically discredit testimony. Mens rea – distinction between murder (malice aforethought) and manslaughter – absence of proof of deliberation leads to conviction for manslaughter.	25 March 1972

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