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
December 1991
Pascal Livinus @ Makaburi vs Republic (HC Criminal Case No. 502 of 1989) [1991] TZHC 2214 (12 December 1991) Appellate court quashed convictions where misdirected burden on alibi and witness inconsistencies rendered the prosecution case unsafe. Criminal law – alibi – accused does not bear burden to prove alibi; alibi need only raise reasonable doubt – credibility of witnesses – inconsistent earlier statements and testimony in related case may render convictions unsafe – appellate intervention to quash convictions and set aside sentences where prosecution case is unreliable.	12 December 1991
Bakari Tuta vs Republic (HC Criminal Appeal No. 73 of 1991) [1991] TZHC 2215 (2 December 1991) Prosecution failed to prove non-deposit of collected public funds; convictions quashed for lack of proof beyond reasonable doubt. Criminal law – False accounting and theft by public servant – Proof of deposit into bank account – Necessity of primary bank records (bank statements) to establish non-deposit – Weight of evidence: teller signatures and rubber stamps insufficient alone – Trial court’s duty to consider exculpatory documentary evidence.	2 December 1991
October 1991
Saitoti Manaiya vs The Republic (HC Criminal Appeal No. 36 of 1991) [1991] TZHC 2216 (28 October 1991) Conviction for cattle theft quashed due to insufficient, contradictory, hearsay evidence and non‑production of material exhibits. Criminal law – Theft – Necessity to prove theft beyond reasonable doubt; Identification and possession – direct evidence required to connect accused with stolen property; Hearsay and uncalled key witnesses – failure to call principal herders undermines prosecution case; Non‑production of alleged seized exhibits (animal) fatal to prosecution; Contradictory witness accounts render conviction unsafe.	28 October 1991
September 1991
Yohana Nyaigasa vs Republic (HC Criminal Appeal No. 45 of 1988) [1991] TZHC 2749 (27 September 1991) Applicant’s admissions and the evidence established criminal trespass and malicious damage; appeal dismissed. Criminal law – unlawful remaining/criminal trespass – elements and proof; criminal law – malicious damage – s.326(1) Penal Code; appellate review – evaluation of admissions and credibility; no grounds to disturb convictions or sentences.	27 September 1991
July 1991
Kapinga Mohamedi vs Republic (HC Criminal Appeal No. 17 of 1988) [1991] TZHC 2735 (8 July 1991) Convictions for conspiracy and attempted theft quashed for want of sufficient evidence and defective charge framing. Criminal law – Charge framing – distinction between servant of a company and public servant; sufficiency of evidence to support convictions for conspiracy and attempted theft; courts’ power to convict for attempt where not charged; relevance of Minimum Sentences Act where evidence is insufficient.	8 July 1991
May 1991
Republic vs Andrew S/O Malagwa and Others (Economic Crimes Case No. 1 of 1989) [1991] TZHC 2184 (10 May 1991) Prosecution failed to prove theft/conspiracy based on consignment-note evidence and custody suspicions; accused discharged. Criminal law – proof beyond reasonable doubt – conspiracy, theft in transit and leading organised crime – insufficiency of consignment-note evidence and custody/negligence not proving guilt; train-clerk testimony to be approached with caution.	10 May 1991
March 1991
Ramadhani Rashidi vs Republic (HC Criminal Appeal No. 45 of 1990) [1991] TZHC 2314 (13 March 1991) Conviction quashed where prosecution failed to prove essential elements and evidence was insufficient. * Criminal law – Theft / causing loss to a specified authority – Prosecution must prove status of 'specified authority' and other essential elements. * Evidence – sufficiency of evidence and proper inferences – appellate intervention where conviction rests on unsupported inferences. * Appeal – conviction quashed and sentence set aside where essential elements not proved.	13 March 1991
January 1991
Issa Juma vs Mairo Saidi ((PC) Civil Appeal No. 2 of 1991) [1991] TZHC 2186 (1 January 1991) Appeal partly allowed: abandoned land held to be public and awarded to respondent; developed paddy‑field returned to appellant. Land law – abandonment during resettlement operations – lands abandoned under 'operation vijiji' become public land; evidential burden in land recovery actions; allocation by community leaders of public bush for cultivation; relief by possession where land was developed and lent.	1 January 1991