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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

9 judgments

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9 judgments

Citation	Judgment date
December 1995
Simbili Madevu vs Republic (Misc Cri minal Cause No. 6 of 1993) [1995] TZHC 1187 (8 December 1995)	8 December 1995
Ally Rajabu vs United Republic (DC. High Court Criminal Appeal No. 76 of 1993) [1995] TZHC 1186 (5 December 1995) Appeal allowed: conviction for electricity-related offence quashed due to insufficient and inconclusive prosecution evidence. Criminal law – sufficiency of evidence – conviction quashed where prosecution evidence is inconclusive; opportunity and suspicion insufficient to substitute proof beyond reasonable doubt.	5 December 1995
November 1995
D.P. Prosecutions vs Edward Ndimbo (DC Criminal Appeal No. 27 OF 1993) [1995] TZHC 1184 (28 November 1995) Prosecution appeal dismissed; acquittal upheld due to unreliable identification, inconsistent evidence, and insufficient proof. Criminal law – causing grievous harm – burden of proof – identification at night – reliability of witness evidence – medical report inconsistencies – inference of guilt from flight – appeal against acquittal.	28 November 1995
Paulo Tereka vs United Republic (PC. High Court Criminal Appeal No. 18 of 1993) [1995] TZHC 1181 (20 November 1995) An appellate court should not reverse an acquittal or convict where disturbance of trial credibility findings and single-witness identification are not reasonably supported by the record. Criminal law – Appeal against acquittal – appellate court's interference with trial court's credibility findings – conviction on single witness identification – requirement of positive satisfaction before basing conviction on single witness.	20 November 1995
Hamisi Rashidi vs Republic (DC Criminal Appeal No. 6 OF 1995) [1995] TZHC 904 (17 November 1995) Recent possession alone cannot sustain conviction where a reasonable, uncontradicted innocent explanation exists. Criminal law – theft/possession of stolen property – doctrine of recent possession – application as part of circumstantial evidence rules – inculpatory facts must be incompatible with innocence. Circumstantial evidence – reasonable hypothesis of innocence – uncontradicted explanation by accused may defeat inference of guilt. Revisionary powers – quashing convictions where evidence insufficient.	17 November 1995
September 1995
Kassim Hamisi Salum vs Republic (DC Criminal Appeal No. 25 OF 1995) [1995] TZHC 903 (12 Septemba 1995) Caravan was not a "building" for burglary and an envelope alone did not sufficiently prove the appellant's guilt, so conviction quashed. Criminal law – Burglary – definition of "building" for section 294(1) – whether caravan used as dwelling; Evidence – sufficiency – incriminating object (envelope) may be planted or inadvertently present; Conviction quashed where evidence is scanty.	12 September 1995
Peter Nnampaka vs Republic (DC Criminal Appeal No. 49 of 1995) [1995] TZHC 902 (5 September 1995) Proceeding to convict and sentence an accused in absentia is improper where absence results from lawful detention and attendance cannot be procured without undue delay. Criminal procedure — Trial in absence — Section 227 Criminal Procedure Act — Requirements to proceed in absence; absence must be properly attributable to accused and attendance must be procurable without undue delay or expense — Conviction in absence unsafe where accused detained on other matter.	5 September 1995
June 1995
Matthew s/o Chalamila vs United Republic (DC. HC Criminal Case No. 72 of 1993) [1995] TZHC 1155 (9 June 1995) Convictions quashed where unreliable visual identification and unrefuted alibi left reasonable doubt. Criminal law – Visual identification evidence – Inherent unreliability and requirement for cautionary warning; Failure to give warning may quash conviction; Burden on prosecution to disprove alibi; Circumstantial evidence and reasonable doubt; Sentencing and corporal punishment set aside.	9 June 1995
March 1995
Samweli Kulyakwave vs Republic (High court Criminal Appeal No. 57 of 1991) [1995] TZHC 1223 (27 March 1995)	27 March 1995

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