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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

6 judgments

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6 judgments

Citation	Judgment date
December 2003
Rashid Hamisi Matiki vs Rehema Issa Mandali (Matrimonial Appeal No 2 of 2002) [2003] TZHC 535 (11 December 2003)	11 December 2003
November 2003
Gotfrid Tegete vs Norbert Komba (Pc Civil Appeal No 34 of 2002) [2003] TZHC 532 (7 November 2003)	7 November 2003
September 2003
Joseph Ngailo vs Abel Mapunda (PC Civil Appeal No 15 of 2002) [2003] TZHC 500 (19 September 2003)	19 September 2003
August 2003
Raphael V.S. Mhagama vs Samcu Ltd (Civil Appeal No 7 of 1998) [2003] TZHC 640 (21 August 2003) Appeal partly allowed: buyer failed to prove payment; seller failed to prove delivery of contested 52 fertilizer bags. * Civil procedure – burden of proof – general rule: on party who would lose if no evidence produced – s.110 Evidence Act; burden shifts where facts are especially within one party’s knowledge – s.115. * Evidence – proof of bank transactions – party alleging payment should call bank witness or documentary proof. * Documentary evidence – secondary evidence inadmissible where original in possession of opposing party – s.67(1)(a)(i) Evidence Act. * Contract vs delivery – agreement to supply goods does not substitute for proof of actual delivery.	21 August 2003
Republic vs David Nombo (Criminal Revision No. 4 of 2002) [2003] TZHC 576 (11 August 2003) Revising court quashes three-year sentence and imposes statutory fifteen-year term on the respondent for cattle theft. Criminal law – cattle theft – Penal Code s.268 (as amended) – statutory sentence of 15 years – revising court’s power to quash unlawful sentence and substitute proper statutory sentence – Criminal Procedure Act (revision and certification) – credit for time served – compensation order preserved.	11 August 2003
January 2003
John Hamis Matiku vs Republic (Criminal Appeal No. 16 of 2003) [2003] TZHC 458 (1 January 2003) Whether the prosecution proved unlawful firearm possession beyond reasonable doubt given burden, corroboration and admissibility issues. Criminal law – burden of proof remains on prosecution – misdirection by trial court in shifting burden; Evidence Act s.34B(2)(a) – requirements for admitting statements in lieu of oral testimony; Corroboration – legal requirement in certain categories but convictions can stand on uncorroborated evidence if overall proof suffices; appellate court's duty to re-evaluate evidence.	1 January 2003

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