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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
3 judgments
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3 judgments
Citation
Judgment date
December 1989
Republic vs Andrew Oswald (Criminal Sessions Case No. 41 of 1988) [1989] TZHC 784 (6 December 1989)
Court reduced murder charge to manslaughter; insults and self‑defence were insufficient to establish or excuse malice.
Criminal law — manslaughter v murder — malice aforethought (s.200 Penal Code); provocation; self‑defence; causation of death by internal injury; sentencing for manslaughter.
 6 December 1989
November 1989
Republic vs Charles Ngorongoro (Criminal Sessions Case No. 10 of 1988) [1989] TZHC 776 (16 November 1989)
Court rejected self‑defence, accepted provocation reducing murder to manslaughter; convicted and sentenced to seven years.
Criminal law – homicide – distinction between murder and manslaughter – provocation as ground for reduction; self‑defence – evidential burden and prosecution’s duty to negative it; evaluation of medical and eyewitness evidence on cause of death.
 16 November 1989
Republic vs Andrea Ngwailasi (Criminal Sessions Case No. 37 of 1988) [1989] TZHC 775 (14 November 1989)
An honest belief in provocation and adultery can negate malice and reduce murder to manslaughter.
Criminal law – Murder v manslaughter – Provocation and honest belief in adultery as raising reasonable doubt as to malice aforethought; evidential role of post‑mortem reports – absence of post‑mortem does not preclude conviction where testimony establishes cause of death; sentencing — mitigation for age, custody duration and ill health.
 14 November 1989