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

Visit website

https://jmap.judiciary.go.tz/jmap/jmap-hc

8 judgments

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8 judgments


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 — handwriting expert evidence — mens rea requirement for conviction — Presumption from possession of forged documents is rebuttable	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; sentencing under later Act unlawful and substituted under pre‑amendment law. Criminal law — Defilement — Identification and credibility of child complainant — consistency of testimony and medical corroboration — sentencing — Non-retrospectivity of penal legislation — Application of Interpretation of Laws Act s 49	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. Civil procedure — Review — warrant and detention quashed where statutory procedure and fair-hearing requirements not observed Criminal law — Conditional discharge — Rescission for offending during supervision period — procedural prerequisites and natural-justice safeguards required Criminal procedure — Warrant or summons to recall person on conditional discharge Natural justice — accused entitled to be heard before rescission or deprivation of liberty based on alleged breach during conditional-discharge period	8 September 1995
June 1995
Elias Mwalongo vs Republic (DC Criminal Appeal No. 7 of 1995) [1995] TZHC 984 (23 June 1995) Possession of recently stolen pigs and inconsistent explanations supported conviction; minimum five-year sentence upheld. Criminal law — Theft — possession of recently stolen property — Burden to give satisfactory explanation for possession — Credibility — accused’s inconsistent explanations and afterthoughts can be rejected and justify conviction — sentencing — Minimum Sentences Act, 1972 — five-year sentence	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 — assessment of accused’s explanation — identification of stolen property — sufficiency of delay (sixty days) to infer guilt — untraced alleged seller	20 April 1995
Deogratias Nyoni vs Republic (DC. HC. Criminal Appeal No. 75 of 1994) [1995] TZHC 1057 (13 April 1995) Uncertain theft timing makes recent possession insufficient; concealment and conduct may support conviction for receiving stolen property. Criminal law — Burglary, stealing and receiving stolen property — Application of doctrine of recent possession — Temporal proximity to theft required — Receiving stolen property — Knowledge or reason to believe goods stolen — Inference from concealment and conduct Appellate practice — Appellate substitution — Where robbery not proved, conviction may be substituted for simple theft with appropriate sentence adjustment	13 April 1995
Ally Saidi vs Republic (HC Criminal Appeal No. 42 of 1994) [1995] TZHC 1056 (11 April 1995) Appeal against conviction for receiving stolen property dismissed; caution statement and five‑year minimum sentence upheld. Criminal law — Receiving stolen property — Circumstantial evidence — Conviction upheld Criminal procedure — Cautioned statement — Voluntariness and admissibility — Effect on weight of evidence Criminal law — Minimum Sentences Act, 1972 — Application of statutory minimum sentence — s 5(6) Minimum Sentences Act	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 — Insufficiency of identification evidence makes conviction unsafe	28 March 1995

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