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

Visit website

https://jmap.judiciary.go.tz/jmap/jmap-hc

14 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

14 judgments

Citation	Judgment date
October 1988
Kibwana Omari vs Republic (HC Criminal Appeal No. 2 of 1988) [1988] TZHC 312 (26 October 1988) Identification established but medical evidence insufficient to prove grievous harm; conviction reduced to actual bodily harm. Criminal law – identification evidence – identification in broad daylight of a known person; Medical evidence – inconsistency in reports as to fractures – whether injuries amount to grievous harm; Appellate powers – substitution of conviction and reduction of sentence to time served where essential element of offence is in doubt.	26 October 1988
Salehe Hemedi and Another vs Republic (PC Criminal Appeal No. 1 of 1988) [1988] TZHC 512 (26 October 1988) Threats to confiscate livestock amounted to menaces; convictions and refund order upheld and appeal dismissed. * Criminal law – Offence of demanding money with menaces with intent to steal (s.292 Penal Code) – Threat to confiscate property constitutes 'menaces'. * Second appeal – limited to questions of law where appellants admit material facts. * Indictment form – separate acts on separate occasions constitute separate offences; failure to prefer multiple counts not necessarily fatal absent miscarriage of justice. * Village council resolution defence – factual issue properly rejected by lower courts.	26 October 1988
Agnes Severini vs Mussa R. Mdoe ((PC) Civil Appeal No. 13 of 1988) [1988] TZHC 311 (25 October 1988) An appeal contesting land ownership and alleged procedural defects failed where evidence supported the respondent’s purchase of the shamba. Land dispute — ownership of shamba — burden of proof of title — credibility of witnesses and contradictions in appellant’s evidence — procedural irregularity alleged (missing recordings/file handling) — allegations of magistrate misconduct not substantiated — appeal dismissed.	25 October 1988
Omari K. vs Saliku C. (PC Civil Appeal No 22 of 1987) [1988] TZHC 306 (21 October 1988)	21 October 1988
September 1988
Aminani Mtambo vs Rasuli Mtambo (PC Matrimonial Appeal No 4 of 1987) [1988] TZHC 300 (23 September 1988) Appeal allowed: court finds marriage irreparably broken down after lower courts’ misdirection and sets aside their judgments. Divorce — irretrievable/irreparable breakdown of marriage — consideration of evidence of respondent’s second marriage and marital mistreatment; appellate review for misdirection by trial magistrate.	23 September 1988
M/S Kahatade & Co. Advocates vs Abedi Mohamed Mataka (Civil Case No 19 of 1980) [1988] TZHC 341 (16 September 1988) Plaintiff not in possession; defendant lawfully allocated, registered and developed the plot; suit dismissed and defendant entitled to costs. Land law – Right of Occupancy – existence and effective date; possession and trespass – requirement of actual or constructive possession to maintain trespass; allocation and registration of competing titles; revocation of right of occupancy by presidential order and registration; valuation of improvements and entitlement to costs.	16 September 1988
Habiba Saidi vs Selemani A. (PC Civil Appeal No 19 of 1987) [1988] TZHC 298 (10 September 1988) Appellate court erred in rejecting trial evidence; marriage found irretrievably broken and divorce restored. Family law – Divorce – Sufficiency of evidence to show marriage breakdown; Appellate review – Mischaracterisation of evidence and hearsay; Competence of witnesses; Proceedings in absence of parties under Magistrates’ Courts Act (proceeding on returned service).	10 September 1988
August 1988
Athumani Mhina vs Hassani Salimu Kivugo (PC Civil Appeal No 3 of 1987) [1988] TZHC 292 (27 August 1988) Allocation under national land policy and occupier’s development trumped respondent’s inheritance claim; trial court judgment restored, costs awarded. * Land allocation under National Policy – lawfulness of allocation by authorities and effect of occupation and development. * Acquiescence and inheritance – failure of predecessors to protest allocation defeats later inheritance claims. * Second appeal – limited to questions of law; appellate interference justified where trial court findings supported by evidence. * Remedies – restoration of trial court judgment and costs ordered against respondent.	27 August 1988
Samweli Chacha vs The United Republic (High Court Criminal Appeal No. 8 of 1988) [1988] TZHC 481 (5 August 1988) Identification upheld but injury did not amount to grievous harm; conviction substituted and sentence reduced to two years. Criminal law — Identification evidence — Credibility of complainant and eyewitness establishing identity; Criminal law — Distinction between grievous harm and actual bodily harm — medical evidence insufficient to prove grievous harm; Criminal procedure — Power to enter alternative verdicts under sections 250 and 366; Sentence — appellate reduction where conviction substituted and original sentence excessive.	5 August 1988
Zuberi Mohamedi vs Republic (High Court Criminal Judgment No. 6 of 1988) [1988] TZHC 482 (5 August 1988) Conviction upheld on recent-possession evidence; stealing sentence corrected to statutory five years; appeal dismissed. Criminal law – burglary and stealing – doctrine of recent possession; appellate intervention on credibility findings; Minimum Sentences Act – theft of specified authority property; sentence correction and concurrency.	5 August 1988
July 1988
Michael Sefu vs Republic (HC Criminal Appeal No 57 of 1987) [1988] TZHC 288 (30 July 1988) Convictions for housebreaking and theft upheld, but sentences set aside for failure to ascertain the appellant’s age under the Minimum Sentences Act. Criminal law – housebreaking and theft – credibility of accused’s explanation – appellate review; Sentencing – Minimum Sentences Act – duty to ascertain age before imposing minimum/mandatory sentence – failure to enquire renders sentence invalid; Remedy – set aside sentence and substitute order resulting in immediate release.	30 July 1988
Nassoro Said Mohamed vs Sally Ally Hamud and Another (Bill of Cost No. 11 of 19887) [1988] TZHC 255 (30 July 1988)	30 July 1988
March 1988
Julius James Kabelwa vs Republic (HC Criminal Appeal No 33 of 1987) [1988] TZHC 280 (18 March 1988) Appellant's bank theft conviction upheld on witness and pay‑in slip identification; sentence increased to ten years concurrent imprisonment. Theft by public servant – identification of signature and teller’s stamp as proof of receipt – absence of handwriting expert does not necessarily weaken identification evidence – sentencing discretion; increase on appeal; concurrent sentences.	18 March 1988
February 1988
Ismail Ayubu vs Republic (HC Criminal Appeal No 47 of 1987) [1988] TZHC 278 (15 February 1988) Whether additional evidence taken without the applicant present may be admitted and affect sentence under the Minimum Sentences regime. * Criminal law – Theft – Conviction upheld where eyewitness and purchase evidence was credible and overwhelming; * Criminal procedure – Section 369(1)–(2) CPA – Additional evidence must be taken in presence of accused or advocate unless High Court directs otherwise; failure to summon accused is fatal; * Sentencing – Minimum Sentences regime – application depends on admissible evidence (e.g., property held as police exhibits equating to government ownership).	15 February 1988