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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.

Physical address

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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1 judgment

Citation	Judgment date
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

Citation

Judgment date

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