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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 1974
Thadeo Salmondo and 3 Others vs Republic (HC Criminal Appeal No 2 of 1974) [1974] TZHC 334 (18 October 1974) Convictions for common assault quashed where eyewitnesses unreliable and guilt not proved beyond reasonable doubt. Criminal law – common assault – burden of proof beyond reasonable doubt – credibility of eyewitnesses who concede they did not see the actual assault – provocation – convictions quashed and fines refunded.	18 October 1974
September 1974
Lali Mahadi vs Tanga Municipal Council and 2 Others (Civil Appeal No. 4 of 1974) [1974] TZHC 390 (28 September 1974) Appeal struck out for not attaching the required decree; lower court correctly found the plaint disclosed no cause of action. * Civil procedure – Appeal competence – Mandatory requirement under Order 39 r.1 to attach copy of decree – Non-compliance warrants striking out appeal. * Civil procedure – Pleading – Plaint must disclose a cause of action; dismissal for failure to do so sustained on appeal (obiter). * Court procedure – Rules should facilitate substantive justice, but mandatory provisions must be observed.	28 September 1974
Jumase Sebarua vs Seffu Sheshangai (PC Civil Appeal No. 45 of 1973) [1974] TZHC 155 (24 September 1974) An appellate court should not overturn a trial court’s supported factual findings on land possession without clear misapprehension of evidence. * Land law – possession and title – evaluation of continuous occupation evidence including graves and trees – weight of Primary Court site visit and sketch plan. * Civil procedure – appellate review – scope of interference with trial court’s findings of fact; appellate court must not reverse supported factual findings without clear misapprehension of evidence.	24 September 1974
August 1974
Abdallah Saidi vs Republic (High Court Criminal Appeal No. 4 of 1974) [1974] TZHC 258 (23 August 1974) Court reduced an excessive prison sentence for conversion, finding lack of mitigation and that a fine would suffice. Criminal law – Conversion not amounting to theft (s.284 Penal Code); Sentencing – excessive sentence; Failure to afford opportunity for mitigation; First offender and public service – suitability of fine as alternative to imprisonment; Appellate reduction of sentence to effect immediate release.	23 August 1974
May 1974
Bakari Omari vs Republic (High Court Criminal Appeal No 14 of 1913) [1974] TZHC 126 (24 May 1974) Appeal against rape conviction dismissed where in‑flagrante evidence and admission established penetration despite inconclusive medical report. * Criminal law – Rape (ss.130, 131 Penal Code) – conviction based on in flagrante detection, witness evidence and admission to a cell leader despite inconclusive medical report.	24 May 1974

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