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

13 judgments

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13 judgments

Citation	Judgment date
June 1997
Elias s/o Isack vs Makonokenda s/o Rululu (PC Criminal Appeal No. 7 of 1996) [1997] TZHC 550 (19 June 1997) Appeal dismissed where appellate courts correctly found village committee reallocation negated trespass conviction; late minutes inadmissible. Criminal law – trespass – acquittal on appeal where land reallocation by village committee established; Evidence – admissibility of documents not relied upon at trial; Appeals – failure to raise point of law; appellate review of factual findings.	19 June 1997
Damas Bilasi vs Republic (Criminal Appeal No. 24 of 1996) [1997] TZHC 549 (18 June 1997) Appeal allowed: conviction based on uncorroborated, inconsistent accomplice testimony quashed and judgment set aside. Criminal law – conviction based on accomplice evidence – necessity for independent corroboration; Credibility of accomplice testimony – inconsistent accounts and unreliability; Appeal – quashing of conviction and sentence where evidence insufficient.	18 June 1997
D.P.P. vs Gisla Mapunda (High Court Criminal Appeal No. 1 of 1996) [1997] TZHC 548 (17 June 1997) Appellate court restores conviction, holding that claim-of-right defence and alibi were insufficient and primary court credibility findings stood. Criminal law – criminal trespass (s.299(a)) and malicious damage (s.326(1)) – defence of claim of right – evidential burden on accused to place foundation evidence – alibi – credibility and demeanour findings of trial court – appellate interference with findings of fact.	17 June 1997
Andrea Sanga vs United Republic (High Court Criminal Appeal No. 29 of 1996) [1997] TZHC 547 (14 June 1997) Omission of the false-pretence element is fatal; breach of contract cannot sustain a s.302 conviction. Criminal law — Obtaining property by false pretences — Charge must allege the pretence — Omission of essential element is fatal — Plea of guilty and prosecutor's facts do not cure defective charge — Facts amounting only to breach of contract cannot sustain criminal conviction under s.302.	14 June 1997
D.P.P. vs Halfani Majuta (Criminal Appeal Case No. 9 of 1996) [1997] TZHC 545 (13 June 1997) A court cannot order payment by a non-legal government entity without involving the Attorney General; order set aside. Criminal law — Sentencing — Ancillary payment orders — Court cannot direct payment by a non-legal government entity without involving the Attorney General; requirement to disclose amounts and ensure interested parties are heard.	13 June 1997
Samweli Sanga vs United Republic (Criminal Appeal No. 6 of 1996) [1997] TZHC 546 (13 June 1997) Convicted theft reduced to 100 cartons; sentence confirmed; receiving conviction quashed for lack of proof of knowledge. Criminal law – theft – appellate variation of conviction – evidence sufficient for theft of 100 cartons but insufficient for additional 263 cartons. Criminal law – receiving stolen property – knowledge element – suspicion alone insufficient to convict. Sentencing – sentence upheld despite conviction reduced where conduct is serious breach of trust. Civil remedy – complainant may sue for recovery of remaining goods subject to limitation.	13 June 1997
Josephat Timoth Komba vs United Republic (Criminal Appeal No. 19 of 1996) [1997] TZHC 543 (12 June 1997) Equivocal plea due to mitigating statements required changing plea to not guilty and ordering retrial. Criminal law – Pleas – Equivocal plea: plea of guilty must be unequivocal and admit every essential ingredient of the offence; any doubt resolved for the accused. Criminal procedure – Changing plea – Court must change plea to not guilty where statements in mitigation create doubt, and may do so before becoming functus officio. Theft by public servant – Circumstances (e.g., unpaid allowances, repayment) may give rise to reasonable inference of implied consent or justification and require trial to determine guilt. Remedy – Conviction quashed and retrial ordered before another magistrate to secure appearance of justice.	12 June 1997
Mathias Mbunga vs United Republic (Hc Criminal Appeal No. 94 of 1995) [1997] TZHC 630 (12 June 1997) A public verbal threat to a former employer established intent to intimidate; conviction and one‑year sentence upheld. Criminal law – Threats with violence – s.89(2)(a) Penal Code – Elements: utterance of words intended to intimidate; presence of witnesses and public utterance may demonstrate intent to intimidate. Evidence – Alibi – burden and adequacy: alibi evidence failing to exclude possibility of accused’s presence at offence scene. Sentence – Custodial sentence within statutory maximum not manifestly excessive for first offender.	12 June 1997
May 1997
Republic vs Fundikira Abdallah Saidi and Others (Criminal Appeal No. 15 of 1996) [1997] TZHC 534 (5 May 1997) Acquittal upheld where removal of shop stock and entry for licence inspection lacked the guilty mind required for theft or breaking. Criminal law – Theft – mens rea – where accused removed shop stock allegedly to compel production of trading licence, lack of guilty mind fatal to theft charge. Criminal law – Breaking and entering – constructive breaking – entry to inspect trading licence by persons with apparent authority does not necessarily constitute shop-breaking. Evidence – appellate review of acquittal – trial magistrate’s factual findings on intent and purpose upheld.	5 May 1997
April 1997
Moses Mzava vs Republic (Criminal Appeal No. 37 of 1996) [1997] TZHC 529 (21 April 1997) Appeal allowed: conviction quashed due to reasonable doubt from unrecorded issuances and possible third‑party access to the store. Criminal law – Theft by servant – Proof beyond reasonable doubt – Unrecorded stock issuance and possible third‑party access to medical store – Benefit of doubt – Conviction quashed.	21 April 1997
February 1997
Mustafa Mohamed vs United Republic (High Court Criminal Appeal No. 20 of 1996) [1997] TZHC 512 (27 February 1997) Appeal dismissed; conviction and four-year sentence upheld where appellant had recent possession of uniquely marked stolen goods. Criminal law – store-breaking (s.296(1) Penal Code) – doctrine of recent possession – possession of uniquely identified stolen goods shortly after theft supports inference of guilt – appellate affirmation of conviction and sentence.	27 February 1997
Rajabu Yusufu Bozu vs United Republic (High Court Criminal Appeal No. 30 of 1996) [1997] TZHC 510 (7 February 1997) Failure to secure the appellant’s witness denied full hearing; conviction and forfeiture quashed and retrial ordered. Criminal procedure — Right to full hearing — Trial court’s duty to assist accused to secure attendance of witnesses — Failure to issue summons defeats full hearing; conviction quashed and retrial ordered. — Forfeiture order quashed.	7 February 1997
Gaibu Adimu vs United Republic (High Court Criminal Appeal No. 1 of 1996) [1997] TZHC 508 (5 February 1997) Court upheld appellant's theft conviction for stolen cash but not for other items, which amounted to malicious damage. Criminal law – Theft – Proof of appropriation and conversion – Cash theft proved by complainant and corroborating witness. Criminal law – Theft vs malicious damage – When thrown-away property is not converted, charge should be malicious damage, not theft. Sentencing – Minimum sentence considerations where stolen property exceeds statutory threshold. Statutory provisions – Burglary (s.294(1)) and theft (s.265) considered.	5 February 1997