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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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5 judgments

Citation	Judgment date
March 2020
Tancoal Energy Ltd vs Atman Rashid (Labour Revision 6 of 2019) [2020] TZHC 533 (31 March 2020) Court upheld CMA finding that dismissal for alleged fuel theft was not proven; application for revision dismissed. Labour law – unfair termination – burden to prove misconduct; circumstantial evidence insufficient to establish theft. Disciplinary procedure – compliance with Rule 12(1) and Rule 12(3)(a) GN No. 42/2007 considered. Correction of CMA awards – computational/clerical errors to be corrected under section 90, not by revision under section 91. Jurisdiction – labour statutes govern; section 95 CPC not applicable to fill non-existent lacuna. New issues (independence of disciplinary committee) cannot be raised first on revision.	31 March 2020
Clemence Mswani @ Kichuya vs Republic (Criminal Appeal 4 of 2020) [2020] TZHC 531 (30 March 2020) Defective charge and unreliable visual/exhibit identification caused convictions to be quashed. Criminal law – defective charge for rape where specific subsection of s.130(2) not cited; visual identification – Waziri Amani criteria (lighting, distance, duration, prior acquaintance, earliest identification); identification of exhibits – need to link recovered property to complainant; contradictions in police evidence and delayed search undermining prosecution case.	30 March 2020
Walarick Komba vs Republic (Criminal Appeal 49 of 2019) [2020] TZHC 532 (23 March 2020) Court upheld nighttime identification due to prolonged observation, prior acquaintance and corroboration; appeal dismissed. Criminal law – Visual identification at night – Waziri Amani test: eliminate possibilities of mistaken identity; consider duration of observation, distance, lighting, and prior acquaintance; corroboration strengthens identification. Criminal procedure – Failure to cross‑examine on a material point (use of a different name) may be treated as acceptance and estop later challenge.	23 March 2020
Republic vs Hassan Buyogera George (Misc. Criminal Revision 10 of 2019) [2020] TZHC 534 (4 March 2020) Licence cancellation reduced without recorded 'special reasons' breached statutory mandatory three-year requirement. Road Traffic Act s.27(1)(a) – mandatory minimum three-year licence cancellation for first offences under ss.40, 41, 44; special reasons required for shorter period. Sentencing mitigation – relevant to sentence but not a substitute for statutory licence cancellation requirements. Criminal procedure – revision remedy – quashing defective licence cancellation and remitting file for lawful order by different magistrate.	4 March 2020
Shafii Ally Mangoma vs Republic (Criminal Appeal 2 of 2020) [2020] TZHC 530 (2 March 2020) Failure to record facts and wrong statutory citation rendered the guilty pleas and sentence invalid; convictions quashed. Criminal procedure – plea of guilty – requirement to record facts read to accused and accused’s own words; defective charge – citation of non-existent statutory subsection vitiates plea; conviction must specify offence and statutory section; where statute provides option of fine court must impose fine first, imprisonment only in default.	2 March 2020

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