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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.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

9 judgments

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9 judgments

Citation	Judgment date
May 1997
Evarist Augustino vs F.R. Peter Nkoiolo (DC Civil Appeal No. 39 of 1994) [1997] TZHC 657 (30 May 1997) Appellant sued the wrong party and lacked locus standi; appeal dismissed and costs awarded to the respondent. * Land law – allocation/revocation/reallocation of town plots – proper legal owner and occupier of land * Civil procedure – locus standi – suing the wrong party; consequences of lacking locus standi * Appeals – appeal lodged without sufficient grounds; dismissal and costs	30 May 1997
Exavery Mbukila vs Festus Kuwinga (PC Civil Appeal No. 72 of 1993) [1997] TZHC 675 (30 May 1997) Appellate interference unjustified where trial findings support the applicant; sentencing without conviction is void. Civil procedure – Appeal – Appellate interference with trial court findings – Appellate court should not reverse unanimous trial findings supported on the balance of probabilities. Criminal procedure – Conviction and sentence – Section 235 Criminal Procedure Act – Sentence passed without a recorded conviction is null and void and requires remittal for proper verdict and further proceedings.	30 May 1997
Angrebert Michael vs Phedastus Mathias Noel (DC Civil Appeal No. 1 of 1996) [1997] TZHC 541 (29 May 1997) Appellate court, on overwhelming evidence, declares the minor the rightful owner and clarifies inconsistent lower court findings. Land law – ownership dispute over allocated plot – weight of documentary evidence and land officers’ testimony – representation of minor (next friend) – appellate clarification of internally inconsistent lower court judgment.	29 May 1997
Cornel Katete vs Thobias Kaniki ((PC) Civil Appeal No. 75 of 1996) [1997] TZHC 540 (28 May 1997) Appellate court erred in overturning trial findings on encroachment; Primary Court judgment restored and costs awarded. Land/boundary dispute – encroachment on shamba; appellate review of findings of fact – duty not to disturb trial court findings without plausible justification; costs awarded on successful restoration of trial judgment.	28 May 1997
Cornel Katete vs Thobias (PC Civil Appeal No. 75 of 1996) [1997] TZHC 497 (28 May 1997) Appellate court quashed district court decision and restored primary court finding of respondent's boundary encroachment. Land law – boundary dispute – findings of fact – appellate interference – mis-construction of issues by appellate court – encroachment by neighbouring occupier – quashing district court judgment and restoring primary court decision; costs awarded.	28 May 1997
Godfrey Katonkola vs Salvatory Chole ((PC) Civil Appeal No. 86 of 1995) [1997] TZHC 421 (28 May 1997) Appellate reversal without reasons quashed; trial court land ownership finding restored and costs awarded to the applicant. Land dispute – ownership by purchase witnessed by villagers – appellate court must give reasons for reversal – unexplained reversal quashed – restoration of trial court judgment – costs awarded.	28 May 1997
Godfrey Katonkola vs Salvatory Chole (PC Civil Appeal No. 86 of 1995) [1997] TZHC 670 (28 May 1997) District Court's unexplained reversal of primary court land judgment quashed; primary court judgment restored for the applicant. Land law – ownership dispute – evidence of sale witnessed by villagers – appellate review – appellate court must give reasons when overturning trial court; unexplained reversal quashed.	28 May 1997
Bertha d/o Festo vs Republic (High Court Criminal Appeal No. 131 of 1996) [1997] TZHC 539 (16 May 1997) Conviction quashed where prosecution failed to prove forgery and misappropriation beyond reasonable doubt. Criminal law – Forgery – Burden of proof – Necessity of proving forgery by the accused beyond reasonable doubt – Value of expert evidence and corroboration where signatures/initials disputed – Caution required when relying on testimony of interested witnesses – Conviction unsafe where prosecution fails to exclude reasonable alternative explanations.	16 May 1997
Chambanenje vs Mlwafu (PC HC. Criminal Appeal No. 28 of 1994) [1997] TZHC 654 (12 May 1997) Conviction based on uncorroborated unsworn child evidence was unsafe; appeal allowed and conviction quashed. Criminal law – conviction unsafe on uncorroborated evidence of a child witness; Evidence – child of tender years – capacity to take oath and need for voir dire and corroboration; Appeal – wrongful reversal of acquittal where evidence was unsworn and uncorroborated.	12 May 1997

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