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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

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4 judgments

Citation	Judgment date
July 2013
Philipo Mbogoro vs Eusebius Kassian (PC Criminal Appeal No. 6 of 2013) [2013] TZHC 2190 (29 July 2013) Appellant's conviction quashed for unsafe night identification and improperly admitted PF3; appeal allowed and sentence set aside. * Criminal law – Robbery with violence – Reliance on visual identification at night – Waziri Amani factors (time, distance, lighting, prior knowledge) – identification evidence must be 'water tight'. * Evidence – Possession of stolen property – absence of evidence of possession is significant. * Criminal procedure – Alibi must be formally raised in trial (s.194(4) CPA) or cannot be relied on ground of appeal. * Evidence – Medical report (PF3) admissibility – must be tendered by its author and accused informed under s.240(3) CPA; otherwise expunged. * Appellate procedure – Appeal against a non-party improper; failure to hear parties may be cured under s.37(2) Magistrates' Courts Act if no miscarriage of justice.	29 July 2013
Philipo Mbogoro vs Eusebius Kassian (PC Criminal Appeal No. 6 of 2013) [2013] TZHC 2355 (29 July 2013) Conviction based on unreliable night identification and improperly tendered medical report was quashed; sentence set aside. * Criminal law – Identification evidence at night – Requirements for reliable visual identification (Waziri Amani criteria). * Evidence – Admissibility of PF3/medical report – compliance with section 240(3) of the Criminal Procedure Act and tendering by author. * Criminal procedure – Appellate irregularities (appeal against non‑party; judging without hearing) and cure under section 37(2) Magistrates' Courts Act. * Criminal procedure – Alibi must be raised in accordance with section 194(4) CPA.	29 July 2013
George Mbele vs Republic (DC Criminal Appeal No. 16 of 2013) [2013] TZHC 2168 (15 July 2013) Conviction for cutting trees upheld; two‑year sentence illegal and reduced to twelve months under s.170 CPA. * Criminal law – Malicious damage to property – Identification and direct evidence – Eye-witnesses who personally saw accused commit the act constitute admissible direct evidence (s.62(1)(a) Evidence Act). * Criminal procedure – Appeal – New grounds of ownership raised at appeal are inadmissible if not pleaded at trial. * Sentencing – Limits of subordinate courts under s.170 Criminal Procedure Act – imprisonment exceeding 12 months requires transmission and confirmation by High Court; illegal sentence to be quashed and substituted.	15 July 2013
Joseph Luoga vs Republic (Misc. Criminal Application No. 14 of 2013) [2013] TZHC 2180 (12 July 2013) Court quashed conviction and ordered release where trial record was lost and a retrial would cause injustice. Criminal procedure – lost trial record – remedy where original record lost – discretion to order retrial only where interests of justice require and retrial would not cause injustice – quashing conviction and ordering release where retrial would be prejudicial.	12 July 2013

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