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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
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
6 judgments
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6 judgments
Citation
Judgment date
August 1975
Joseph s/o James vs Republic (Criminal Appeal No 11 of 1974) [1975] TZHC 324 (8 August 1975)
The applicant’s conviction under a later Act was invalid; lack of jurisdiction required nullifying the proceedings.
Criminal law – Road Traffic Act 1973 – Non-retrospectivity of penal statutes – Offence committed before Act’s commencement must be charged under prior Traffic Ordinance; substitution of conviction under repealed legislation permissible only where offence is essentially the same and no failure of justice; jurisdictional limits of trial court — lack of jurisdiction renders proceedings nullity.
 8 August 1975
Ally Said vs Republic (Criminal Appeal No. 7 of 1974) [1975] TZHC 320 (1 August 1975)
Price-offence conviction upheld under the 1973 Act; corruption conviction quashed for lack of principal–agent relationship.
* Criminal law – Offence of selling above maximum price – effect of repeal and re-enactment; charge treated as under Registration of Prices Act 1973 s.20. * Corruption – element of principal-agent relationship required for conviction under Prevention of Corruption Act; offer to a councillor not corrupt if councillor lacks power to act for principal. * Public officer – members of District Development Councils fall within statutory definition.
 1 August 1975
March 1975
Rashidi Mohamed vs Republic (Criminal Appeal No. 5 of 1974) [1975] TZHC 240 (27 March 1975)
Appellate court quashed careless-driving conviction where left overtaking was reasonable and primary fault lay with the turning vehicle.
* Traffic law – overtaking and turning vehicles – exception permitting left-side overtaking when a preceding vehicle signals and stops to turn right. * Appellate review – inadequate critical examination of evidence by trial court warrants quashing conviction. * Causation in traffic accidents – improper positioning by turning vehicle may render overtaking driver not culpable. * Orders – refund of fine and setting aside of licence disqualification.
 27 March 1975
February 1975
Magreti Chai vs Abdi Semkiwa (Civil Appeal No 9 of 1972) [1975] TZHC 407 (18 February 1975)
The appeal restored the trial court's finding that the respondent failed to prove paternity amid appellate procedural irregularities.
* Family law – paternity and legitimation – standard of proof on paternity claims – assessment of gestation timing and credibility. * Appellate procedure – calling additional witnesses on appeal and admissibility/recording of extra-judicial statements. * Role of assessors – requirement to record assessors' participation and opinions. * Custody – impropriety of ordering delivery of a child or conditioning custody without adjudicating custody or evidence of legitimation.
 18 February 1975
January 1975
Richard Swai vs Republic (Criminal Appeal No. 10 of 1974) [1975] TZHC 175 (3 January 1975)
Conviction quashed where conflicting accounts, lack of corroborative physical evidence and improper hostile‑witness treatment raised reasonable doubt.
Criminal law – burden of proof – conviction unsafe where complainant intoxicated and defence raises plausible accidental explanation; treatment of witness as hostile – prosecution must apply; necessity for reasons when rejecting defence evidence; corroboration and physical evidence.
 3 January 1975
Mussa Salehe vs Republic (Criminal Appeal No. 11 of 1975) [1975] TZHC 391 (1 January 1975)
Whether an appellant’s payment to a police officer amounted to corruption, tested against witness credibility and surrounding circumstances.
* Criminal law – Corruption – Alleged offer of money to police to secure release of detained goods – Credibility of police and civilian witnesses – voluntariness and context of alleged payment.
 1 January 1975