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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

8 judgments

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8 judgments

Citation	Judgment date
August 1986
Rajabu Kimela Dafa vs Republic (Criminal Appeal No. 57 of 1984; HC Criminal Appeal No. 24 of 1985) [1986] TZHC 124 (23 August 1986) One accused acquitted for insufficient evidence; co-accused’s conviction upheld but sentence reduced to five years. * Criminal law – Theft – Conviction – Sufficiency of evidence to prove participation beyond reasonable doubt – Acquittal where evidence against co-accused is inadequate. * Criminal law – Sentencing – Whether term excessive – Reduction of sentence for first offender in absence of aggravating circumstances. * Evidence – Witness credibility and disputed account of whether property was borrowed or stolen.	23 August 1986
Republic v Kiegezo (Criminal Appeal 32 of 1984) [1986] TZHC 514 (20 August 1986) Reported Criminal Law - Theft - Discrepancy in accounts- Whether amounts to theft. Statutory Interpretation - Person employed in the public service -Person employed by a subsidiary of a parastatal organization - Whether falls within definition of “person employed in the public service ", - Penal Code section 5.	20 August 1986
July 1986
Iddi Bendera vs Republic (HC Criminal Appeal No. 10 of 1985) [1986] TZHC 137 (16 July 1986) Conviction quashed where identification evidence was doubtful and not established beyond reasonable doubt. Criminal law – Identification evidence – Whether identification of accused was proved beyond reasonable doubt – Discrepancies and implausible details in witness accounts undermining conviction.	16 July 1986
Saidi v Mbilu ((PC) Civil Appeal 31(B) of 1984) [1986] TZHC 505 (5 July 1986) Reported Evidence - Credibility - District Court finds witnesses for both parties reliable and divided the disputed land amongst the parties - Whether proper. Civil Practice and Procedure - Failure of party to call material witnesses on his side - Whether adverse inferences can be drawn against such party. Land Law - Abandoned shamba occupied and developed by another - Whether developer is trespasser.	5 July 1986
Michael Mwali vs Republic (HC Criminal Appeal No. 33 of 1985) [1986] TZHC 138 (2 July 1986) Conviction quashed where visual identification was unreliable and accused wrongly penalised for remaining silent. Criminal law – Robbery with violence – Visual identification – unreliable identification where viewing conditions, frightened victims and absent witnesses create reasonable doubt; Ownership/proof of stolen property – prosecution must prove ownership/possession; Right to silence – accused must not be penalised for lawful election to remain silent.	2 July 1986
June 1986
Bakari Selemani Mtoa vs Republic (HC Criminal Appeal No. 31 of 1985) [1986] TZHC 140 (30 June 1986) Eyewitness testimony and post-arrest admission upheld theft conviction; sentence reduced from six to five years. Criminal law – Theft – Eyewitness evidence and post-arrest admission – Credibility assessment by trial court – Appellate review – Conviction upheld; sentence reduced.	30 June 1986
March 1986
Juma Adamu vs Republic (PC Criminal Appeal No. 2 of 1984) [1986] TZHC 399 (24 March 1986) The applicant’s cattle-theft conviction and statutory minimum sentence upheld where admissions and witness identification proved guilt. * Criminal law – Theft of cattle – Identification of recovered property – credibility of witnesses and admission by accused. * Appellate review – factual findings and credibility – failure to challenge identification at trial bars raising it on second appeal. * Sentencing – application and confirmation of statutory minimum sentence for scheduled cattle theft.	24 March 1986
Republic vs C. 6835 P.C. Fredrick (Criminal Sessions Case No. 8 of 1984) [1986] TZHC 391 (12 March 1986) Murder not proved due to insufficient causal link; convicted of assault causing actual bodily harm and given a suspended sentence. Criminal law – Murder – Causation where autopsy shows multiple possible causes of death – Insufficient evidence linking accused’s act to fatal conditions; s.300 Criminal Procedure Act – conviction on lesser offence (assault causing actual bodily harm); credibility of police witnesses; sentencing of police officer first offender.	12 March 1986

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