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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
2 judgments
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2 judgments
Citation
Judgment date
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