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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
6 judgments
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6 judgments
Citation
Judgment date
July 2018
Alexander Magola Daudi @ Daudi & Others vs Republic (Misc. Economic Cause 17 of 2018) [2018] TZHC 2078 (17 July 2018)
Applicants charged with unlawful possession of government trophy granted bail subject to substantial deposit, sureties, and reporting conditions.
Bail – economic crime – unlawful possession of government trophy – High Court jurisdiction where property value exceeds Tshs.10,000,000; presumption of innocence; bail properly granted where State does not object; conditions: substantial cash deposit or approved immovable property, two sureties, reporting and jurisdictional restrictions.
 17 July 2018
John Ikland @ Ayub vs Republic (Misc. Economic Cause 14 of 2018) [2018] TZHC 2075 (17 July 2018)
High Court cannot vary Court of Appeal custody order; defective summons and affidavit rendered bail application incompetent.
Criminal procedure – bail pending retrial – effect of superior court order directing continued custody; Civil procedure – competency of chamber summons – requirement for proper signature by Deputy Registrar; Evidence/Oaths – affidavit verification must be dated and jurat must comply with Oaths and Statutory Declarations Act; Court naming – incorrect citation non-fatal but should be correct.
 17 July 2018
Said Yasin Limbendela & Another vs Republic (Consolidated Misc. Economic Causes None of 2018) [2018] TZHC 2079 (17 July 2018)
Bail granted for alleged unlawful possession of government trophy subject to cash/immovable security, sureties and reporting conditions.
Criminal procedure – Bail – Applicants charged with unlawful possession of government trophy – Bail granted where prosecution does not object and no facts justify denial; conditions imposed to secure attendance and protect public interest. Statutory basis – Economic and Organized Crime Control Act (s.29(4)(d), s.36(1)) – appropriate grounds for bail applications. Constitutional citation – Article 13(b) unnecessary in bail applications under the Act
 17 July 2018
Alex Alex @ Mkina vs Republic (Misc. Economic Cause 9 of 2018) [2018] TZHC 2073 (16 July 2018)
The applicant charged with unlawful possession of government trophy was granted bail subject to half‑value deposit, sureties and reporting conditions.
Criminal procedure – Bail – Economic and Organized Crime Control Act (Cap.200) – Sections 29(4)(d) and 36(1) – Bail granted for unlawful possession of government trophy subject to conditions including half‑value cash deposit or immovable property, sureties and reporting requirements. Procedural law – Omission to cite amending Act No.3 of 2016 does not render bail application incompetent
 16 July 2018
Mohamed Ally Machupa & Others vs Republic (Misc. Economic Cause 12 of 2018) [2018] TZHC 2077 (16 July 2018)
Applicants charged with unlawful possession/dealing in Government trophy granted bail subject to cash/immovable security, sureties, reporting and travel conditions.
Criminal procedure – Bail – Applicants charged with unlawful possession and dealing in Government trophy – Offences held bailable; bail granted with conditions. Constitutional law – Presumption of innocence – continued detention amounts to punishment before conviction Procedural – Failure to cite amending Act No. 3/2016 to Cap. 200 does not necessarily vitiate bail application absent prejudice. Bail conditions – cash deposit or immovable property, sureties, reporting requirements, travel restrictions, and magistrate’s approval of sureties
 16 July 2018
Yazidu Athuman @ Katoma vs Republic (Misc. Economic Cause 10 of 2018) [2018] TZHC 2076 (16 July 2018)
Bail granted for unlawful possession of government trophy subject to a half-value deposit or equivalent property security and strict conditions.
Criminal procedure – Bail – Application under EOCCA ss.29(4)(d) and 36(1) – Whether bail should be granted for unlawful possession of government trophy; appropriate conditions including cash deposit or immovable property security, local sureties, jurisdictional restriction, and periodic reporting.
 16 July 2018