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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 1977
Raphael S.P. Kambanga vs Republic (High Court Criminal Appeal No. 209 of 1975) [1977] TZHC 67 (11 August 1977) Effective control (not just physical custody) constitutes possession of government trophy; conviction upheld. Fauna Conservation Ordinance s.49(1) – possession includes effective control; remote/indirect control insufficient; composite offence of unlawful possession/dealing; accomplice evidence may be relied on if materially corroborated; conviction upheld where evidence proves guilt beyond reasonable doubt.	11 August 1977
Raphael S.P. Kambanga vs Republic (High Court Criminal Appeal No. 209 of 1975) [1977] TZHC 68 (11 August 1977) An official’s effective control of government trophies establishes possession and supports conviction for unlawful possession/dealing. Fauna Conservation/Wildlife law – possession vs physical custody – effective control as possession; section 49(1) composite offence (possession or dealing); accomplice evidence and corroboration; sentencing under new Act valid (s85(2)); default imprisonment specified.	11 August 1977
Karimjee Jivanjee Estates Ltd vs Amritbai Naran Singh (Civil Case No. 1 of 1977) [1977] TZHC 486 (9 August 1977) Court refused ex parte hearing after defence counsel withdrew and ordered adjournment with personal or substituted service. Civil Procedure — Order IX Rule 6 CPC 1966 — Applicability where defence counsel withdraws — Ex parte proceedings inappropriate when defendant represented but unreachable; adjournment and personal or substituted service required.	9 August 1977
March 1977
Juma Maleta vs Republic (TBR. High Court Criminal Appeal No. 10 of 1976) [1977] TZHC 114 (5 March 1977) Appellant’s conviction for soliciting a bribe upheld on credibility of complainant and lawful minimum sentence. * Criminal law – Corrupt transaction under Prevention of Corruption Act s.3(2) – proof by complainant and police sting operation; credibility findings. * Evidence – Requirement of corroboration – complainant not an accomplice so corroboration unnecessary. * Sentencing – Minimum statutory sentence applied and lawful. * Procedure – Confusing charge particulars and investigation do not necessarily vitiate conviction where elements proven.	5 March 1977
January 1977
John Chambhili vs Republic (HC Criminal Appeal No. 1 of 1977) [1977] TZHC 479 (1 January 1977) Possession of suspected stolen goods requires a reasonable, satisfactory explanation; conviction and sentence upheld. Criminal law – Possession of suspected stolen property – s.312(1)(b) Penal Code – accused must give a reasonable and satisfactory explanation; mere unconvincing explanation insufficient. Evidence – ownership/control of premises, locked kitchen, bulky items, presence of occupants during police search. Sentence – fine or imprisonment not manifestly excessive.	1 January 1977

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