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
November 1984
Reported

Civil Practice and Procedure - Assessors - Whether trial court’s award invalid where assessor does not express opinion,
Family Law - Cohabitation - Whether court can compel cohabitation - Law of Marriage Act, 1971 section 140.

22 November 1984
February 1984
Prosecution failed to prove accused caused fatal head injury beyond reasonable doubt; accused acquitted and discharged.
Criminal law – Murder – Proof of causation and identity of perpetrators – Reliability and contradictions in eyewitness testimony – Effect of delayed police investigations and late-recorded statements on evidential weight – Burden of proof beyond reasonable doubt.
24 February 1984
A voluntary extra-judicial confession can convict its maker but cannot, alone, convict a co-accused; lack of proof of malice precludes murder.
Criminal law – homicide – distinguishing murder from lesser offences where malice aforethought not proved. Evidence – extra-judicial/confessional statement – admissibility and weight against maker. Evidence – confession by one accused insufficient alone to convict co-accused (statutory protection). Witness credibility – inconsistencies among eyewitnesses affecting proof of presence and participation.
6 February 1984
January 1984
Belief in witchcraft, absent sudden provocation, does not reduce deliberate killing to a lesser offence.
Criminal law – Murder vs provocation – Belief in witchcraft insufficient per se for legal provocation; provocation requires sudden heat of passion with no time to cool; inconsistent statements and voluntary confession evidencing premeditation; medical evidence of repeated severe blows supports murder conviction.
30 January 1984