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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

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

5 judgments

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5 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

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