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

12 judgments

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12 judgments

Citation	Judgment date
October 1977
Republic vs Phillemon Hussen and Another (Criminal Sessions Case No. 76 of 1977) [1977] TZHC 243 (27 October 1977) Single‑witness identification from a chaotic scene was insufficiently reliable; accused acquitted for lack of proof beyond reasonable doubt. Criminal law – Identification evidence – single eyewitness identification viewed from distance amid commotion – necessity for corroboration; Post‑mortem evidence – confirms fatal head injury but cannot attribute specific blow to particular assailant; Burden of proof – prosecution must disprove reasonable doubt; Self‑defence and common intention considered but not established.	27 October 1977
Republic vs Phillemon Hussen and Another (Criminal Sessions Case No. 76 of 1977) [1977] TZHC 426 (27 October 1977) Single-witness identification amid chaos, without corroboration, insufficient to prove murder beyond reasonable doubt. Criminal law – Identification evidence – Single eyewitness observed from a distance amid commotion – Necessity of corroboration where identification conditions are unfavourable; proof beyond reasonable doubt; attribution of injuries where multiple assailants involved.	27 October 1977
Republic vs Masanja @ Omari s/o Mlewa (Criminal Sessions Case No. 184 of 1976) [1977] TZHC 307 (15 October 1977) Circumstantial evidence (shoe, blood, concealment, avoidance) proved murder beyond reasonable doubt; conviction and death sentence. Criminal law – Murder – Circumstantial evidence – Identification of exhibits at scene – Inference of presence and participation from shoe and signs of struggle – Forensic blood evidence and its evaluation – Accused’s disappearance and concealment as inculpatory circumstances – Motive (end of illicit relationship) as supporting malice aforethought.	15 October 1977
Republic vs Naligya s/o Daudi (Criminal Sessions Case No. 39 of 1977) [1977] TZHC 234 (11 October 1977) Killing found unlawful and violent but malice not proved; accused convicted of manslaughter, not murder. Criminal law – murder v. manslaughter – requirement of malice aforethought; reduction to lesser offence where malice not proved beyond reasonable doubt. Criminal law – self‑defence – necessity, reasonable apprehension of imminent danger and possibility of withdrawal. Evidence – assessment of witness credibility; corroboration by post‑mortem findings.	11 October 1977
Republic vs Naligya s/o Daudi (Criminal Sessions Case. No. 39 of 1977) [1977] TZHC 419 (11 October 1977) Eyewitness and post-mortem evidence rejected self-defence; malice not proved, conviction for manslaughter and life sentence. Criminal law – Homicide – Distinction between murder and manslaughter; self-defence – requirements and limits; burden of proof as to malice aforethought; credibility of eyewitness corroborated by post-mortem.	11 October 1977
August 1977
Republic vs Makala Kilimba (Criminal Sessions Case No. 36 of 1976) [1977] TZHC 323 (15 August 1977) Accused committed the killing but was found legally insane at the time and thus not guilty; detained as a criminal lunatic. Criminal law – Murder – Liability where accused suffers from mental disease – legal insanity and lack of criminal responsibility. Criminal Procedure Code s.168(2) – Procedure and disposition where accused insane at time of offence – submission of certified proceedings to Minister and custody as criminal lunatic. Evidence – Post-mortem finding of asphyxia/strangulation; psychiatric report; extra‑judicial admissions and eyewitness testimony.	15 August 1977
July 1977
Republic vs Justina d/o Dema (Criminal Sessions Case No. 66 of 1976) [1977] TZHC 186 (1 July 1977) Whether using an unwashed insecticide‑contaminated gourd to serve milk amounted to culpable negligence causing a child's death. Criminal law – Manslaughter by negligence – duty of care, culpable negligence, causation; use of utensil contaminated with insecticide to serve milk. Evidence – Post‑mortem and forensic toxicology evidence establishing poisoning; admissibility and weight of extra‑judicial statement. Causation – Presence of multiple poisons in viscera and relevance of finding only one poison at accused's premises.	1 July 1977
May 1977
Republic vs Ramadhani Senge @Mandi and Another (Criminal Sessions Case No. 103 of 1976) [1977] TZHC 163 (23 May 1977) Unreliable identification and inconsistent witness testimony rendered evidence insufficient to convict the accused of murder. Criminal law – Murder – Identification evidence – Daylight identification undermined by prior inconsistent statements and delay; Hostile witness – prior police statement usable only to test credibility; Voice identification and inconsistent eyewitness accounts insufficient to establish guilt beyond reasonable doubt.	23 May 1977
April 1977
Republic vs Juma Hussein and Another (Criminal Sessions Case No. 97 of 1976) [1977] TZHC 125 (28 April 1977) The accused were acquitted because accomplice testimony and identification evidence were unreliable and uncorroborated. Criminal law – murder – sufficiency of evidence; accomplice evidence requiring corroboration; identification parade procedure and reliability; proof of death and identity of victim; limited forensic evidence (human bones) insufficient to convict.	28 April 1977
January 1977
Republic vs Elias s/o Mwang'u (Criminal Sessions Case No. 119 of 1977) [1977] TZHC 327 (1 January 1977) Accused convicted of attempted murder based on reliable eyewitness ID, motive and poisoned arrow; sentenced to eight years. Criminal law – Attempted murder – Poisoned projectile (arrow) – presence of heavy dose of poison as evidence of intent to kill. Criminal law – Identification evidence – recognition in moonlight and close proximity – reliability and weight. Evidence – motive and prior threats – admissibility and probative value. Defence – alibi – requirement of credible contradiction by prosecution witnesses. Sentence – serious offence with aggravating poison factor; mitigation for first offender but substantial custodial term imposed.	1 January 1977
Republic vs Salum O. Lungu s/o Abraham and Others (Criminal Sessions Case No. 127 of 1977) [1977] TZHC 328 (1 January 1977) Court held witnesses and voluntary confessions credible, rejected provocation/self‑defence, and found common intention in fatal group assault. Criminal law – homicide arising from group assault; admissibility and weight of extra‑judicial confessions; credibility of prosecution witnesses; provocation and self‑defence; common intention/joint enterprise liability.	1 January 1977
Republic vs Salum s/o Lihungu and Others (Criminal Sessions Case No. 127 of 1977) [1977] TZHC 453 (1 January 1977) Court finds multiple accused assaulted a captured suspect; confessions corroborated, provocation and self‑defence rejected; common intention inferred. Criminal law – homicide – confession – voluntary extra‑judicial statements and their corroboration – common intention – cumulative assaults causing death – provocation and self‑defence considered and rejected.	1 January 1977