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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
December 1985
Kasimu v Bakari (PC Matrimonial Appeal 3 of 1982) [1985] TZHC 637 (31 December 1985) Family Law - Divorce under Islamic Law - Dissolution of marriage under Islamic Law - Wife obtaining divorce by self-reemption (khului) - Law of Marriage Act, 1971, s.107(3). Family Law - Separation of spouses - Whether court may compel a spouse to live with the other - Law of Marriage Act, 1971, s.40 Islamic Law - Divorce - Dissolution of marriage under Islamic Law - Wife obtaining divorce by self-reemption (khului). - Law of Marriage Act, 1971, S. 107(3).	31 December 1985
November 1985
Republic v Shedaffa and Others (Criminal Sessions Case 10 of 1983) [1985] TZHC 657 (18 November 1985) Reported Evidence - Dying declaration-Accused's failure to reply to deceased’s statement naming him as assailant - Whether amounts to acknowledgement of the truth of the dying declaration. Evidence - Dying declaration - Prerequisites before it can have evidential value. Evidence - Dying declaration - Repeated several times - Whether proof of the truth of its content.	18 November 1985
September 1985
Shemweta v Republic (Criminal Appeal 24 of 1981) [1985] TZHC 642 (23 September 1985) Criminal Practice and Procedure - Judgment - Content of judgment - Judgment making reference to mere existence of evidence without analysing its weight in reaching at the decision - Criminal Procedure Code, s. 171(1) [now s. 312(1) of the Criminal Procedure Act, 1985], Criminal Law - Theft - Doctrine of recent possession - Appellant found in possession of a stolen motor concealed in a bag left by a friend - No evidence of knowledge of what the bag contained - Whether guilty of theft. Evidence - Credibility - Prosecution witnesses giving inconsistent accounts- Doubts created to be the appellant’s benefit	23 September 1985
May 1985
Republic vs Salimu Mavare (High Court Criminal No. 10 of 1984) [1985] TZHC 375 (29 May 1985) Appellate court ordered refund of paid fine after finding prosecution’s witness evidence inconsistent and unreliable. Criminal law – theft by agent – sufficiency and credibility of witness evidence – conflicting eyewitness accounts – unwritten transaction – refund of fine on appeal.	29 May 1985
March 1985
Andrea Issa vs Republic (Criminal Appeal No. 2 of 1980) [1985] TZHC 172 (29 March 1985) Appeal against cattle-theft conviction failed; conviction and mandatory minimum sentence upheld. * Criminal law – Conviction based on co-accused’s purported statement – need for corroboration and reliability where co-accused is acquitted. * Evidence – Identification of exhibits (animal skin) and adequacy of proof linking accused to stolen property. * Criminal procedure – Alleged discrepancies in court record/judgment copies; inspection found copies identical to original. * Sentencing – Minimum sentence under the Minimum Sentences Act, 1972 is not reducible by the appellate court.	29 March 1985

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