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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

8 judgments

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8 judgments

Citation	Judgment date
November 1995
Issa Mohammed vs Republic (DC Criminal Appeal No. 41 of 1995) [1995] TZHC 1031 (28 November 1995) Possession of forged documents alone cannot establish forgery; conviction quashed for lack of mens rea. Criminal law – Forgery and uttering – Presumption from possession of forged documents is rebuttable; handwriting expert evidence; necessity for reasons when disbelieving caution statements and defence; mens rea requirement for conviction.	28 November 1995
October 1995
Nassoni Sanga vs Republic (HC Criminal Appeal No. 123 of 1994) [1995] TZHC 905 (20 October 1995) Conviction for defilement upheld; sentence quashed for reliance on later amendment and replaced with lawful penalty. Criminal law – Defilement – Identification and credibility of child complainant – Alibi – Sentencing – Non‑retrospectivity of penal amendments (Interpretation of Laws Act s.49) – Substitution of illegal sentence.	20 October 1995
September 1995
Karimu Rashidi vs Republic (DC Criminal Appeal No 58 of 1995) [1995] TZHC 1012 (8 September 1995) A warrant issued to recall a person under a conditional discharge was quashed for failure to follow statutory procedure and natural-justice safeguards. * Criminal law – Conditional discharge under section 30(1) – Rescission for offending during supervision period – procedural prerequisites and natural-justice safeguards required. * Criminal procedure – Warrant or summons to recall person on conditional discharge – must be founded on written information and directed to court which made the discharge. * Natural justice – accused entitled to be heard before rescission or deprivation of liberty based on alleged breach during conditional-discharge period. * Review – warrant and detention quashed where statutory procedure and fair-hearing requirements not observed.	8 September 1995
June 1995
Elias Mwalongo vs Republic (DC Criminal Appeal No. 7 of 1995) [1995] TZHC 984 (23 June 1995) Circumstantial evidence and inconsistent explanations justified conviction for theft and confirmation of the five-year mandatory sentence. Criminal law – Theft – Circumstantial evidence – Proximity in time between reported theft and possession of alleged stolen property – Credibility of accused – Inconsistent explanations – Minimum Sentences Act – Sentence confirmed on appeal.	23 June 1995
April 1995
Martin s/o Millinga vs Republic (PC Criminal Appeal No. 28 of 1994) [1995] TZHC 1060 (20 April 1995) Possession of multiple identifiable stolen items sixty days post-burglary permitted inference of guilt; appeal dismissed. Criminal law – recent possession doctrine – sufficiency of delay (sixty days) to infer guilt; identification of stolen property; untraced alleged seller; assessment of accused’s explanation.	20 April 1995
Deogratias Nyoni vs Republic (DC. HC. Criminal Appeal No. 75 of 1994) [1995] TZHC 1057 (13 April 1995) Where timing of thefts was uncertain recent-possession presumption failed, but possession plus concealment supported convictions for receiving stolen property. * Criminal law – possession of stolen property – Doctrine of recent possession – temporal certainty required for presumption to arise.* Criminal law – receiving stolen property – circumstances (possession, concealment, conduct when police searching) may justify inference of knowledge.	13 April 1995
Ally Saidi vs Republic (HC Criminal Appeal No. 42 of 1994) [1995] TZHC 1056 (11 April 1995) Conviction for receiving stolen property upheld on circumstantial evidence and voluntary caution statement; five-year minimum sentence affirmed. Criminal law – Receiving/retaining stolen property – Circumstantial evidence implicating recipient – Admissibility and voluntariness of caution statement – Credibility of accused’s changing accounts – Minimum sentence under s.5(6) Minimum Sentences Act 1972.	11 April 1995
March 1995
Mohamed Halifa vs Republic (HC Criminal Appeal No. 49 of 1994) [1995] TZHC 1053 (28 March 1995) Appeal allowed where trial judgment lacked reasons and identification evidence was insufficient to prove guilt. Criminal law – Identification evidence – Visual and voice identification where witnesses are roused at night – Necessity for trial judgment to state points for determination and give reasons – Insufficiency of identification evidence makes conviction unsafe.	28 March 1995

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