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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
2 judgments
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2 judgments
Citation
Judgment date
October 2013
Frank Jotha vs Republic (DC. Criminal Appeal No. 11 of 2013) [2013] TZHC 2154 (17 October 2013)
Conviction quashed where trial evidence showed rape but charge was incest, identification was unsafe and defence (alibi) was not considered.
Criminal law – Charge consistency – Evidence of rape while charged with incest is a fatal defect; proper charging required. Identification – Night-time identification by voice and uncertain lighting is unsafe; risk of mistaken identity. Criminal procedure – Trial court must specify statutory subsections invoked (s.127 TEA) and must objectively evaluate defence case (alibi) in its judgment. Retrial – Disallowed where it would risk injustice by permitting prosecution to cure a defective case.
 17 October 2013
Thomas Jilala Songoy vs D.P.P (DC. Criminal Appeal No. 8 of 2013) [2013] TZHC 2166 (17 October 2013)
Flawed identification, omitted eyewitness and search contradictions made the prosecution case unsafe; conviction quashed.
Criminal law — Identification of stolen property — Specific marks and clear descriptions required to establish ownership of common items. Criminal procedure — Identification parades and procedures — Suspect should not be introduced to complainant while in custody. Evidence — Failure to call material eyewitness — Court may draw adverse inference under Hemedi Saidi principle. Evidence — Contradictions in search and seizure and chain of custody diminish credibility of prosecution case. Criminal procedure — Duty to consider defendant’s alibi; ignoring it may vitiate the conviction.
 17 October 2013