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

11 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

11 judgments

Citation	Judgment date
October 2013
Republic vs Said Mshangama @Senga (Criminal Session Case No. 9 of 2013) [2013] TZHC 2196 (9 October 2013) Circumstantial evidence and a dying utterance formed an unbroken chain proving the accused guilty of murder. Criminal law — Murder — Circumstantial evidence and dying declaration — Corroboration and unbroken chain pointing to accused; witness credibility; malice aforethought established by use of lethal weapon and wounds to vulnerable parts.	9 October 2013
Charles Simbao @Msilikwa vs The Republic (DC Criminal Appeal 9 of 2012) [2013] TZHC 2092 (3 October 2013) Reported Search and cautioned statement upheld; conviction and sentence for unlawful firearm possession affirmed. Criminal law – unlawful possession of firearm – search under warrant and presence of independent witness; cautioned statement – admissibility and compliance with statutory safeguards; corroboration by owner’s identification and recovered ammunition; sentence for habitual offender.	3 October 2013
Charles Simbao Msiliwa vs Republic (Criminal Appeal 9 of 2012) [2013] TZHC 2037 (3 October 2013) Court upheld conviction where lawful search and admissible cautioned statement proved possession of a stolen firearm. Criminal law – possession of firearm – lawfulness of search under warrant; presence of independent witness sufficient; cautioned statement – admissibility and waiver by failure to object; proof of possession and identification of stolen firearm; sentence appropriate for habitual offender.	3 October 2013
Donasio Mweupe vs Emmanuel Lusambo (Misc. Land Appeal 5 of 2012) [2013] TZHC 2072 (3 October 2013) Whether an appellate chairman should have recused after presiding over a prior related appeal, given an appellant’s apprehension of bias. * Administrative law — Judicial conduct and bias — Apprehension of bias and recusal — Whether a magistrate who presided over a prior related appeal should withdraw from rehearing the matter.* Civil procedure — Appeals from ward tribunals to District Land and Housing Tribunal and to High Court — Effect of prior nullity orders and repeat participation by the same appellate chair.	3 October 2013
Lack Pili vs Republic (Criminal Appeal 38 of 2013) [2013] TZHC 2090 (3 October 2013) An unequivocal plea of guilty admitting the narrated facts bars the applicant's appeal against conviction; sentence upheld. Criminal procedure – Plea of guilty – Unequivocal plea and admission of narrated facts bar appeal against conviction under section 360(1) CPA; language comprehension alleged at appellate stage must be supported by trial record; exceptional grounds permitting appeal on plea of guilty (ambiguous plea, mistake/misapprehension, no offence disclosed, facts not amounting to offence) considered and not made out.	3 October 2013
September 2013
Paul Constantin Mwingira vs Oscar Maurus Mbungu (PC Criminal Appeal No. 13 of 2013) [2013] TZHC 2188 (13 September 2013) Conviction quashed due to contradictory evidence and improper admission of PF3 and blood‑stained shirt. * Criminal law – Assault causing actual bodily harm – sufficiency and credibility of prosecution evidence – contradictions among witnesses and absence of corroboration. * Evidence – Hearsay – PW3’s second‑hand information inadmissible as corroboration. * Evidence in primary courts – Documentary evidence (PF3) must be connected by oral evidence from its author (GN No.22 of 1964, Rule 11(2)). * Admission of physical exhibits – accused must be given opportunity to be heard before receiving exhibits (blood‑stained shirt) into evidence. * Identification – positive visual identification at night must be satisfactorily established (reference to Waziri Amani principles).	13 September 2013
Alfred Bomani vs Republic (Criminal Appeal 3 of 2012) [2013] TZHC 2036 (11 September 2013) District Court lacked jurisdiction and trials proceeded without DPP certificate or consent; procedural plea requirements were also breached. * Economic offences – Arms and ammunition – First Schedule to Economic and Organised Crimes Control Act (Cap. 200) – High Court (Economic Crimes Court) has original jurisdiction. * Subordinate court jurisdiction – requirement of DPP/state attorney certificate under s.12(3) Cap. 200. * Prosecution consent – requirement of DPP’s consent under s.26 Cap. 200. * Criminal procedure – accused admitting facts must be formally called upon to plead (s.360 CPA). * Procedural irregularities – grounds for revision under ss.372–373 CPA.	11 September 2013
August 2013
Elias Mwakipesile vs Republic (Criminal Appeal 23 of 2012) [2013] TZHC 2041 (22 August 2013) Improper admission of a cautioned statement and unlawful closure of prosecution case vitiated conviction; appeal allowed. Criminal procedure; admissibility of cautioned statement — proper trial-within-trial procedure; recorder must testify and statement must be re-tendered in main trial; change of magistrate — s214 CPA — duty to inform accused of right to re-summon witnesses; s225 CPA — court may not close prosecution case without RCO/DPP certificates; unlawful closure vitiates subsequent proceedings.	22 August 2013
Amos Kipanta vs Republic (Criminal Appeal 14 of 2012) [2013] TZHC 2039 (15 August 2013) Conviction based solely on prior threats and uncertain night-time identification is unsafe. Criminal law – arson – previous threats as evidence – threats insufficient without tangible corroboration; Visual identification – night-time identification unreliable without details of observation; Burden of proof – prosecution duty never shifts; trial judge must not infer guilt from accused's silence.	15 August 2013
Joseph Nzyungu vs Republic (Criminal Appeal 120 of 2012) [2013] TZHC 2058 (15 August 2013) Mandatory s240(3) CPA noncompliance expunged medical report; rape not proved, substituted conviction for sexual harassment. Criminal law – Identification at night and necessity of parade – Section 240(3) Criminal Procedure Act – mandatory right to require maker of medical report to be summoned – failure to inform accused renders PF3 devoid of probative value and expunged – Evidence Act s56(1) bad character inadmissible unless accused’s good character is first put in issue – Rape: requirement to prove penetration specifically – burden of proof remains on prosecution – substitution of conviction to lesser offence (sexual harassment s138D(1)).	15 August 2013
Republic vs Vallery Nzyungu (Criminal Session Case 51 of 2012) [2013] TZHC 2062 (5 August 2013) High Court lacks jurisdiction where accused has not been committed; subordinate court must verify death and make lawful orders. Criminal procedure — Committal proceedings required before High Court trial; High Court lacks jurisdiction without committal. Abatement on death — s.224A and s.284A apply to "trial" and do not automatically cover pre-trial/committal stage. Administrative forwarding of file is not a substitute for statutory committal order. Subordinate court retains jurisdiction over preliminary inquiry until committal or lawful disposition.	5 August 2013