Skip to document content Skip to main menu Skip to search

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

4 judgments

Advanced search

Court registries

All years

All months

Sort by:

4 judgments

Citation	Judgment date
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

1