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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

4 judgments

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4 judgments

Citation	Judgment date
February 1978
Republic vs Saidi Sadiki Rajabu and Others (Criminal Sessions Case No. 147 of 1977) [1978] TZHC 258 (11 February 1978) Circumstantial evidence and the accused’s conduct established murder beyond reasonable doubt. Criminal law – Murder – Proof by circumstantial evidence – identification of clothing, bones and blood on a footpath as proof of death and locus delicti. Inference of presence and culpability from accused’s conduct and inconsistent statements. Rejection of alternative hypotheses (epilepsy, wild animals) when accused had exclusive knowledge. Presence of a weapon (bill hook) and inference of intent to cause grievous harm/murder.	11 February 1978
Republic vs Jumanne s/o Ally and Others (Criminal Sessions Case No. 128 of 1977) [1978] TZHC 159 (7 February 1978) Inconsistent eyewitness testimony and unproven forensic links rendered murder convictions unsafe; accused acquitted. Criminal law – murder – reliance on eyewitness testimony – material inconsistencies and vacillation undermine credibility and may render conviction unsafe. Evidentiary law – corroboration required where eyewitness evidence is unsteady; uncorroborated, unreliable testimony insufficient for conviction. Forensics – weight of chemist’s evidence limited where chain of custody/seizure not proved. Recent injuries on accused – insufficient by themselves to establish guilt.	7 February 1978
Republic vs Jumanne s/o Ally and Others (Criminal Sessions Case No. 128 of 1977) [1978] TZHC 255 (7 February 1978) A conviction cannot stand on uncorroborated, inconsistent eyewitness evidence and improperly founded forensic reports. Criminal law – Murder – Sufficiency of evidence – Reliability and corroboration of eyewitness testimony – Admission of forensic (chemistry) evidence – chain of custody and provenance – Alibi and recent injuries.	7 February 1978
Republic vs Elias s/o Mwangu (Criminal Sessions Case No. 119 of 1977) [1978] TZHC 251 (1 February 1978) Conviction for attempted murder based on credible night identifications, motive and forensic proof of poison. Criminal law – Attempted murder – Use of poisoned arrow – Forensic evidence of poison indicating intent to kill – Night identification – Credibility and opportunity to identify in moonlight – Alibi and its assessment – Trial judge's right to depart from assessors' views.	1 February 1978

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