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

11 judgments

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11 judgments

Citation	Judgment date
December 1984
Bilali Saidi and Another vs Republic (PC. HC. Criminal Appeal No. 6 of 1984) [1984] TZHC 337 (21 December 1984)	21 December 1984
October 1984
Yusufu Said vs Republic (Criminal Appeal No. 15 of 1982) [1984] TZHC 171 (15 October 1984) Eyewitness identification upheld, alibi rejected, and murder conviction affirmed; appeal dismissed. * Criminal law – Murder – Identification evidence – Visual identification at night under lighting – opportunity and chance to observe; credibility assessment. * Criminal procedure – Alibi – sufficiency to raise reasonable doubt; assessment against positive identification evidence. * Appellate review – Interference with trial judge’s findings of fact and credibility is unwarranted where reasons are adequate and evidence supports conviction.	15 October 1984
Yusufu Said vs Republic (Criminal Appeal No. 15 of 1982) [1984] TZHC 532 (15 October 1984) The appellant's alibi and minor inconsistencies did not undermine reliable eyewitness identification; appeal dismissed. * Criminal law – murder during burglary – identification evidence – reliability and opportunity to observe. * Credibility – inconsistencies in witness statements – immaterial variances do not necessarily destroy credibility. * Alibi – insufficient where contradicted and not raising reasonable doubt. * Appeal – conviction upheld where eyewitness identification accepted and alibi rejected.	15 October 1984
June 1984
Mwananchi Engineering & Construction Co. Ltd v Republic (Criminal Appeal No 2 of 1983) [1984] TZHC 630 (22 June 1984) Criminal Practice and Procedure - Charges - Charge containing something not known to anyone - Whetherproper. Criminal Practice and Procedure - Charges - Defective charges - Charge alleging that “bog stearing” was outoforder- Bothparties understanding “bog stearing" to mean “stearing system" - C Whether the defect in the charge isfatal. Evidence -Admissibility -Admissibility ofReports- VehiclesInspection Report admitted under s. 34B(2) of the Evidence Act, 1967 - Whetherproper. Road Traffic - Vehicle inspectors -Appointment ofvehicle inspectors D - Road Traffic Act, 1973, s.4(a). Road Traffic - Vehicle inspection - Vehicles inspected by aperson not duly appointed a vehicle inspector - Whether inspection report may be accepted. Road Traffic - Defective vehicle - Steering mechanism locked due to E driver’s carelessness - Whether it amounts to having a defective steering system. Road Traffic - Defective vehicle - Broken windscreen - Three layer windscreen cracked on one side - Whether the crack amounts to broken windscreen. F Criminal Practice and Procedure - Compensation - Jurisdiction to order compensation in a criminal trial - Order ofcompensation for vehicle damaged in an accident - Whether criminal court has jurisdiction.	22 June 1984
Abedi Ally vs Hamza Thumani (Civil Case No 5 of 1980) [1984] TZHC 174 (8 June 1984) Plaintiff failed to prove repair payments, loss and employment status; court found a partnership and dismissed substantive claims. * Evidence – burden of proof – plaintiff must prove pecuniary payments and loss with specific evidence and quantification. * Business relationships – distinction between employer–employee and partnership determined by conduct and sharing of assets. * Hearsay – reconciliation evidence of elders inadmissible or of little probative value where hearsay. * Failure to call key witness (landlord) and lack of documentary proof undermines claim.	8 June 1984
April 1984
Hemedi Saidi vs Republic (HC Criminal Appeal No 37 of 1983) [1984] TZHC 353 (6 April 1984)	6 April 1984
Kusaga v Mweta ((PC) Civil Appeal 10 of 1983) [1984] TZHC 648 (6 April 1984) Administration of Estates – Jurisdiction – Powers of Primary Courts in administration of estates matters – s. 15(1)(c) of the Magistrates Courts Act, 1963..	6 April 1984
March 1984
Mwacheleji v Republic (PC Criminal Appeal 3 of 1981) [1984] TZHC 626 (5 March 1984) Criminal Practice and Procedure - Compensation in criminal trials - Compensation ordered in the absence of any criminal liability - Whether the order can stand.	5 March 1984
Mwacheleji v Republic (PC Criminal Appeal 3 of 1981) [1984] TZHC 628 (5 March 1984) Criminal Practice and Procedure - Compensation in criminal trials - Compensation ordered in the absence of any criminal liability - Whether the order can stand.	5 March 1984
January 1984
Mohamed Salehe vs Republic (High Court Criminal Appeal No 2 of 1982) [1984] TZHC 172 (27 January 1984) Court upheld conviction based on truthful identification at night and refused to disturb sentence given aggravating factors. * Criminal law – Identification evidence – Night-time identification by complainant and witness – Reliability and credibility of identification evidence. * Criminal law – Appeal – Appellate review of trial magistrate’s credibility findings – deference to factual findings. * Sentencing – Minimum Sentences Act 1972 – aggravating factors (actual violence; accomplices) justify no interference with sentence.	27 January 1984
Mtei v Republic (Criminal Appeal 8 of 1982) [1984] TZHC 629 (23 January 1984) Criminal Practice and Procedure - Sentencing - Arms and Ammunition - Suspension of a licence to own a pistol - Duration of suspension order not specified - Arms and Ammunition Ordinance, Cap. 223, s.3l(3). Criminal Practice and Procedure - Sentencing - Natural justice - Forfeiture of pistol to the Government - Order forfeiture made without hearing the appellant -Arms and Ammunition Ordinance, E Cap. 223, s.31(4)	23 January 1984