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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
6 judgments
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6 judgments
Citation
Judgment date
November 1973
Republic vs Mlewa s/o Mdamu and Another (Criminal Sessions Case No. 145 of 1972) [1973] TZHC 360 (23 November 1973)
Circumstantial and eyewitness evidence (despite inconclusive post‑mortem) supported murder convictions and death sentences for both accused.
Criminal law – murder – identification of remains by last-seen evidence and matching clothing – sufficiency of circumstantial evidence when post‑mortem is inconclusive. Evidence – bystander who fails to intervene is not necessarily an accomplice; passive presence does not equal participation. Criminal responsibility – common intention and joint unlawful acts can render co‑participants guilty of murder. Defence – duress rarely available and does not excuse murder; extra‑judicial statements evaluated for weight and admissibility.
 23 November 1973
July 1973
Republic vs Juma s/o Halfani (Criminal Sessions Case No. 186 of 1972) [1973] TZHC 287 (11 July 1973)
Accused stabbed and killed his wife; court considered an insanity defence but the provided text does not state the final ruling.
Criminal law – Murder – Uncontested facts establish accused stabbed and killed spouse – Defence of insanity raised and supported by evidence of prior dizziness, incoherent speech and police observation, but final determination not shown.
 11 July 1973
June 1973
Republic vs Mayeye Gidamomwinyi (Criminal Sessions Case No. 162 of 1972) [1973] TZHC 262 (30 June 1973)
Accused suffering schizophrenia held legally insane at the killing; not guilty of murder and committed to a psychiatric institution.
Criminal law – Insanity/mental disorder – Schizophrenia causing legal insanity at time of offence – Not guilty of murder by reason of insanity; Psychiatric evidence and contemporaneous conduct as basis for finding unsoundness of mind; Procedure – submission of record to Minister for Justice and committal to mental institution.
 30 June 1973
April 1973
Republic vs Sie D/O Ntula and Another (Criminal Sessions Case No. 183 of 1972) [1973] TZHC 170 (9 April 1973)
Eyewitness and autopsy evidence proved murder; accessory liability and discovery-statement admissibility upheld; age exam led to mandatory death sentences.
Criminal law – murder – medical (autopsy) evidence establishing homicidal cause of death – admissibility of statement leading to discovery – accessory liability/particeps criminis for procuring an attack – age determination for sentencing and imposition of mandatory death penalty.
 9 April 1973
Republic vs Rajabu Saijehe (Criminal Sessions Case No. 185 of 1972) [1973] TZHC 166 (7 April 1973)
The accused's prolonged, brutal assault was deliberate; provocation rejected and he was convicted of murder and sentenced to death.
Criminal law – Murder – Sustained unarmed assault and insertion of a wooden spike causing fatal internal injuries – foreseen death or grievous harm. Defence – Provocation/sudden passion – rejected where assault was prolonged and deliberate. Sentence – Mandatory death penalty for murder.
 7 April 1973
February 1973
Republic vs Gilala S/O Wandago (Criminal Sessions Case No. 116 of 1972) [1973] TZHC 79 (12 February 1973)
Psychiatric evidence absolved the accused of murder by reason of insanity; a separate parental omission led to manslaughter conviction under s.203(d).
Criminal responsibility – insanity – psychiatric evidence – special finding under s.168(1) Criminal Procedure Code; detention as criminal lunatic under s.168(2)(a). Homicide – manslaughter by negligence – duty of care of parent to young child; negligence hastening death of person suffering disease – application of s.203(d) Penal Code. Evidentiary note – sections 206 and 207 (duty to provide necessaries) inapplicable where failure to provide necessaries not shown to have affected health or life.
 12 February 1973