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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

5 judgments

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5 judgments

Citation	Judgment date
October 1988
Dionis Shilulu Mabura and Another vs Republic (HC criminal Appeal No. 85 of 1988) [1988] TZHC 322 (21 October 1988) Familial ties alone cannot prove theft; recent possession can sustain a theft conviction. Criminal law – shop breaking and stealing; receiving stolen property – sufficiency of evidence; recent possession doctrine; limits of inferential reasoning from familial relationship.	21 October 1988
Juma Mussa vs Republic (Criminal Appeal No. 49 of 1988) [1988] TZHC 309 (17 October 1988) Unsigned/undated judgment is curable if reasons and findings are on record; conviction upheld, sentence reduced to three years. Criminal procedure – requirements for a valid judgment (s.312(1) CPA) – omission to date and sign – curable irregularity under s.388 CPA where record contains summary, decision and reasons; late alibi – s.194(4)(b) – may be disregarded; improper application of Minimum Sentences Act where offence not scheduled; sentence varied.	17 October 1988
Village Chairman K.C.U. Mateka vs Antony Hyera (PC Civil Appeal No. 33 of 1988) [1988] TZHC 511 (17 October 1988)	17 October 1988
July 1988
Republic vs Wilfred Komba and 8 Others (Economic Crimes Case No 3 of 1987) [1988] TZHC 290 (13 July 1988) First accused acquitted on honest mistake about a permit; second accused convicted; vehicle not forfeited to Government. Criminal law — unlawful possession of government trophy — s.70(2)(b) Wildlife Conservation Act — statutory presumption of possession when trophy found in vehicle under accused’s control — accused may rebut on balance of probabilities; Mistake of fact/honest and reasonable belief — can negate criminal liability; Credibility of police witnesses and need for independent corroboration; Forfeiture — owner without knowledge/connivance should not lose vehicle.	13 July 1988
June 1988
The Republic vs Mohamedi Kasembe (Criminal Sessions Case No. 20 of 1987) [1988] TZHC 60 (17 June 1988) The accused was convicted of murder based on reliable eyewitness scene identification despite parade irregularities. Criminal law – Murder – proof of death and cause where body partly eaten by animals; Visual identification – reliability of eyewitness identification at scene; Identification parade – procedural irregularities affect weight not necessarily admissibility; Mistaken identity/alibi – burden remains on prosecution to prove guilt beyond reasonable doubt; Intent/malice – use of firearm as evidence of intent to kill.	17 June 1988

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