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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
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
6 judgments
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6 judgments
Citation
Judgment date
September 2000
Hashimu Mtamila vs Republic (Criminal Appeal No. 70 of 1999) [2000] TZHC 471 (28 September 2000)
Conviction for robbery with violence quashed and substituted with simple theft; sentence reduced to seven years.
Criminal law – Robbery with violence – Elements: theft, violence at or immediately before/after theft, purpose of violence to obtain/retain stolen property – Where violence not proved to be in furtherance of theft, conviction may be reduced to simple stealing; substitution of conviction under s.366(1)(a)(ii) Criminal Procedure Act; sentence reduction appropriate for substituted offence.
 28 September 2000
Joseph Sanga vs Republic (HC Criminal Appeal No. 30/1999) [2000] TZHC 469 (21 September 2000)
Failure to give statutory notice of intention to appeal renders the appeal incompetent and is dismissed, upholding conviction and sentence.
Criminal procedure – Appeal competence – Mandatory notice of intention to appeal under section 361 Criminal Procedure Act – Failure to give notice within ten days renders appeal incurably defective – Transmission of petition from prison does not substitute for statutory notice.
 21 September 2000
June 2000
Ahamad Minachi vs Republic (High Court Criminal Appeal No. 34 of 1998) [2000] TZHC 608 (30 June 2000)
Applicant's review dismissed: trial magistrate lacked jurisdiction but High Court had no power to review its criminal decision.
Criminal procedure — Review of High Court criminal decisions — functus officio — limits of s.43(1) Magistrates Courts Act and s.372 Criminal Procedure Act — jurisdictional defect where subordinate or wrong-status magistrate tries economic crime — Economic and Organized Crime Control Act s.12(3) delegation.
 30 June 2000
Republic v Mbuta (Criminal Sessions Case No. 87 of 1998) [2000] TZHC 666 (12 June 2000)

Criminal Practice and Procedure — Identification parade — Conditions to be observed in conducting an Identification parade — Photograph of the parade - Whether officer in charge ofthe case participated in the conduct ofthe parade - Police general orders Evidence -Identification - Proof of identification by a single witness - Surrounding circumstances - Credibility witness

 12 June 2000
May 2000
Joseph Kanisius Nyika and Another vs Republic (Misc Criminal Appeal No 1 of 1999) [2000] TZHC 442 (11 May 2000)
Late interlocutory amendment of charges permissible under section 234 but not appealable; appeal dismissed, trial to proceed.
Criminal procedure – Amendment of charge under section 234 – Court may amend defective charge before judgment unless amendment occasions injustice – Interlocutory orders allowing amendment are generally not appealable to the High Court.
 11 May 2000
January 2000
Twende Pamoja Agricultural marketing Cooperative Society vs Kelvin Komba (Civil Appeal No 2 of 2000) [2000] TZHC 398 (1 January 2000)
Appellate court stressed timely objection to secondary documents and faulted trial court for failing to decide the counterclaim and give reasons.
Civil procedure – admission of secondary documentary evidence – objection must be raised when documents are tendered – failure to object waives later challenge; Trial procedure – insufficient reasons and failure to decide counterclaim – judgment open to appellate review; Evidence – absence of signature not fatal where institutional signing practice explained by witness.
 1 January 2000