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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

4 judgments

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4 judgments

Citation	Judgment date
April 1997
Vincent s/o Ndunguru vs Republic (Criminal Appeal No. 77 of 1995) [1997] TZHC 620 (3 April 1997) Court reduced an excessive fifteen-year sentence for possession of one warthog tooth to two years and discharged the appellant. * Wildlife law – unlawful possession of government trophy – statutory sentencing limits under section 67(1) and 67(2)(c)(i) of the Wildlife Conservation Act (as amended). * Sentencing – excessive sentence – failure to consider mitigating factors (medical condition, first offender) and alternative of fine in default. * Appeal – reduction of sentence and discharge where time served exceeds reduced sentence.	3 April 1997
March 1997
Adamu Mwaibabile vs Republic (Miscellaneous Criminal Application No. 1 of 97) [1997] TZHC 597 (20 March 1997) Applicant granted bail pending appeal due to prosecution's failure to produce document and credible lack of guilty knowledge. * Criminal law – Bail pending appeal – Grounds for release where there are reasonable prospects of success on appeal. * Evidence – Failure to produce the primary document relied upon at trial – material lacuna undermining conviction. * National Security Act, 1970 – s.4(3) – accused may be released where document was communicated against his wish; accused need only raise a prima facie case; prosecution must prove guilty knowledge beyond reasonable doubt. * Burden and standard of proof – onus on accused to raise prima facie case; mens rea to be proved by prosecution beyond reasonable doubt.	20 March 1997
February 1997
Oliva Ndunguru vs Keneth Ndunguru (Criminal Appeal No. 30 of 1995) [1997] TZHC 629 (6 February 1997) Hearing an appeal without giving the party an opportunity to be heard is a fatal procedural error. Appeal procedure — right to be heard on appeal; procedural fairness — hearing without affording party opportunity to be heard is fatal; affirmation of witnesses — correct provision s.30(1) Primary Courts Criminal Procedure Code; remittal for rehearing; appearance of justice.	6 February 1997
Athumani Mohamed vs United Republic (High Court Criminal Appeal No. 56 of 1995) [1997] TZHC 613 (5 February 1997) Appellate court upheld a robbery with violence conviction based on credible, corroborated evidence and could not alter the statutory minimum sentence. Criminal law – Robbery with violence – Credibility and corroboration of complainant’s evidence; Appellate review of trial court’s factual findings; Sentence – minimum prescribed sentence and limits on appellate interference.	5 February 1997

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