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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
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Citation
Judgment date
August 2016
Republic vs Shabani s/o William (Criminal Session Case No. 148a of 2007) [2016] TZHC 2893 (5 August 2016)
Circumstantial, inconsistent forensic and confession evidence failed to prove murder beyond reasonable doubt; accused acquitted.
Criminal law – Murder – elements: death, unlawfulness, causation, malice aforethought – proof beyond reasonable doubt required. Evidence – Presumption of death under Section 117 Evidence Act where person not heard of for five years. Circumstantial evidence – conviction requires facts incompatible with innocence and exclusion of reasonable alternative hypotheses. Forensic evidence – contradictions between post-mortem testimony and report undermine proof of cause of death. Confessional and extra‑judicial statements – voluntariness, truthfulness and consistency required; contradictions and improper procedures reduce reliability. Identification of remains and exhibits – prosecution must link remains and clothing reliably to the alleged victim.
 5 August 2016