Skip to document content Skip to main menu Skip to search

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

7 judgments

Advanced search

Court registries

All years

All months

Sort by:

7 judgments

Citation	Judgment date
December 2014
Emmanuel Marijani Ndomondo v. Regional Crime Officer (RCO) Ruvuma Region Police Tanzania (Miscellaneous Criminal Application No. 18624 of2024) [2014] TZHC 2430 (10 December 2014)	10 December 2014
July 2014
Mohamed Yasini Mkoka & Others vs Republic (Criminal Appeal 69 of 2013) [2014] TZHC 2219 (9 July 2014) Cautioned statement improperly admitted and night identification unreliable; conviction quashed and sentence set aside. Criminal procedure – admissibility of cautioned statements – mandatory inquiry into recording and voluntariness under s.27(2) Evidence Act; failure renders statement inadmissible. Identification – night-time identification – requirements under Waziri Amani: source and intensity of light, duration and proximity of observation, prior acquaintance particulars to avoid mistaken identity. Burden of proof – prosecution must prove guilt beyond reasonable doubt; trial court must not shift burden to accused to produce alibi witnesses. Charge consistency – conviction cannot stand where charge is materially at variance with evidence adduced.	9 July 2014
Baraka Nurdin Maloya vs Republic (Criminal Appeal 53 of 2013) [2014] TZHC 2213 (2 July 2014) Conviction quashed for unreliable identification, improperly admitted PF3, flawed voir dire, and insufficient proof of conspiracy. Criminal law – Identification evidence at night – reliability and necessity to exclude mistaken identity; Evidence – admissibility of PF3 – compliance with s.240(3) CPA; Conspiracy – requirement of proof of common intention and acts in furtherance; Cautioned statement of co‑accused – need for admission and corroboration; Evidence Act s.127(2) – voir dire requirements for child witnesses; Duty of trial court to evaluate defence evidence in judgment.	2 July 2014
June 2014
Boniface Benedicto vs Republic (DC Criminal Appeal No. 2 of 2014) [2014] TZHC 2328 (2 June 2014) Conviction based on unreliable visual identification was quashed; identification parade did not cure doubts. Criminal law – Visual identification – Evidence of identification must be absolutely watertight; identification parade alone is insufficient corroboration where scene conditions are unfavourable – Doubts resolved in favour of accused.	2 June 2014
April 2014
Shida s/o Haule vs Republic ((DC) Criminal Appeal No. 7 of 2014) [2014] TZHC 2585 (28 April 2014) Conviction quashed where prosecution failed to prove the applicant committed cattle theft beyond reasonable doubt. Criminal law – Cattle theft – burden of proof beyond reasonable doubt; need for independent corroboration of prosecution witnesses; prisoner custody and potential vicarious responsibility of custodial officers; requirement for evidence of possession or actus reus linking accused to stolen property.	28 April 2014
Gudluck Onesmo Chaula vs Republic ((DC) Criminal Appeal No. 71 of 2013) [2014] TZHC 2370 (17 April 2014) The appellant's cautioned statement was wrongly admitted; conviction upheld on identification and recent possession; sentence reduced. Criminal law – Admissibility of cautioned statement – obligation to hold trial within a trial upon objection to voluntariness; expunction where procedure not followed. Evidence – Identification – favourable conditions, prolonged close contact and corroboration by independent witness. Evidence – Recent possession doctrine – possession shortly after theft supports inference of guilt. Procedure – No absolute need to call informer or produce search warrant where accused is found in possession of stolen property. Sentencing – Magistrate’s sentencing limits under s.170 Criminal Procedure Act; High Court revisional powers to quash illegal sentence and substitute lawful term.	17 April 2014
February 2014
Silvester Ntani vs Raymond Zenda (Land Case Appeal No. 20 of 2013) [2014] TZHC 2375 (6 February 2014) Failure to join the vendor as a party renders land proceedings and subsequent appeals null and void. Land law – non-joinder of necessary party – sale by third party not joined to suit – proceedings null and void and quashed; title dispute – procedural requirement to join vendor before affecting vendor’s rights.	6 February 2014

1