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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.

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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
August 1976
Iddi Athumani vs Republic (Criminal Appeal No. 2 of 1976) [1976] TZHC 191 (13 August 1976) Admissible non‑confessional police evidence supported a bribery conviction despite an inadmissible police confession. Criminal law – Corruption/bribery – Whether admissions/confessions to police are admissible – inadmissible confessions may be excluded but conviction may stand on other admissible evidence; credibility findings of trial court entitled to deference.	13 August 1976
Juma Athumani vs Republic (High Court Criminal Appeal No. 38 OF 1976) [1976] TZHC 190 (6 August 1976) Circumstantial evidence and rejected alibi justified conviction for housebreaking and theft; appeal dismissed. Criminal law – Circumstantial evidence – Sufficiency of circumstantial proof where no eye-witness to the offence – Whether circumstances irresistibly point to accused. Criminal law – Alibi – Assessment and rejection of alibi as fabrication. Criminal law – Housebreaking and theft – Conviction and sentence upheld on circumstantial evidence	6 August 1976
April 1976
Kaimere Yamiria vs Republic (HC Criminal Appeal No 13 of 1973) [1976] TZHC 16 (14 April 1976) An admitted need to feed family does not automatically constitute special circumstances; absent proof the statutory minimum sentence applies. Criminal law – Theft – Whether stealing to feed one’s family amounts to necessity as a special mitigating circumstance permitting a sentence below the statutory minimum Necessity – Not a defence but may be relevant as mitigation if established by facts Sentencing – Trial court’s misapplication of statutory minimum; substitution of correct minimum sentence	14 April 1976
March 1976
Mustafa Shamte vs Republic (Criminal Appeal No. 6 of 1974) [1976] TZHC 243 (5 March 1976) Appellate court reduced statutory minimum fine for careless driving, holding trial court had discretion to impose a lesser sentence and should have heard mitigation. Criminal law – Sentencing – Road Traffic Act s.63(2) – Whether court bound to impose statutory minimum – Discretion to impose lesser sentence where special reasons exist – Duty to draw statutory provision to accused’s attention and hear mitigation.	5 March 1976
February 1976
Joseph Kondo vs Republic (Criminal Appeal No 8 of 1974) [1976] TZHC 239 (13 February 1976) Applicant’s night-time speeding causing collisions constituted dangerous driving; conviction and sentence upheld. Road Traffic – Causing death by dangerous driving (s.44A(1)) – Conflicting eyewitness evidence on stationary versus moving vehicle – Missing sketch plan – Use of vehicle damage to infer speed – Objective reasonable-person test for dangerous driving – Sentence upheld.	13 February 1976

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