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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
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
5 judgments
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5 judgments
Citation
Judgment date
April 2009
Omary s/o Chimpele @Milanzi vs Republic (DC Criminal Appeal No. 24 of 2008) [2009] TZHC 265 (20 April 2009)
Auditor's report supported convictions for theft by a public servant, but forgery convictions quashed for lack of payroll evidence.
Criminal law – Theft by public servant – Liability where employee entrusted with payrolls fails to account for or return salary funds. Forgery – Requirement of production of disputed documents and, where necessary, handwriting evidence to establish forgery. Evidence – Auditor's report and witness testimony can establish misappropriation when documents are missing. Allocation of duties – Custody of payrolls imposes responsibility and may ground criminal liability.
 20 April 2009
March 2009
Erasto Kayombo vs Republic (Criminal Appeal No. 5 of 2006) [2009] TZHC 273 (16 March 2009)
Appeal dismissed: conviction for cattle theft upheld where appellant was found red‑handed and defence was unsubstantiated.
Criminal law – Theft (cattle/goat) – Arrested 'red‑handed' – Sufficiency and credibility of eyewitness evidence; Appeal — evaluation of defence testimony and credibility findings by trial court; Appellate review — absence of merit where presence at scene unexplained and defence not substantiated.
 16 March 2009
Philbert Mbepera vs Municipal Director of Songea (DC Civil Appeal No. 7 of 2008) [2009] TZHC 264 (16 March 2009)
A dismissed teacher (the appellant) was not entitled to night allowance, only to transport/repatriation benefits under the TSC Act.
Employment law — Dismissal — entitlement to allowances — night allowance claim by dismissed teacher — Transport/repatriation benefits under TSC Act (s.67(1)(e), s.69(d)) — evidentiary weight of TSC dismissal letter — allegation of forgery and witness contradictions.
 16 March 2009
EXD. 4658 CPL & Another vs Inspector General of Police & Another (DC Misc. Civil Application No. 2 of 2007) [2009] TZHC 252 (12 March 2009)
Judicial-review application struck out for defective affidavit despite exhaustion of internal police remedies.
Administrative law – Judicial review (mandamus, certiorari, prohibition) – Procedural requirements for supporting affidavits – Notaries Public & Commissioners for Oaths (Cap.12) and Oaths Act s.10 – Identification, place and stamping of affidavits – Exhaustion of internal remedies where Inspector General of Police is final authority.
 12 March 2009
February 2009
Gaspary Mathias Mapunda vs Emma Kiwawa Konzo (DC Civil Appeal No. 5 of 2008) [2009] TZHC 263 (26 February 2009)
Leave to appeal refused where disputed property ownership was a factual matter established by the title deed.
Leave to appeal — whether to Court of Appeal — discretionary; disputes of ownership established by title deeds are factual matters not points of law; trial court’s factual findings on property ownership; evidential weight of title documents in attachment proceedings.
 26 February 2009