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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
8 judgments
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8 judgments
Citation
Judgment date
October 1995
D.P.P. vs Omary Mdoe (HC Criminal Appeal No. 29 of 1994) [1995] TZHC 1089 (25 October 1995)
Insufficient identification and lack of corroboration meant the prosecution failed to prove cattle theft beyond reasonable doubt; acquittal upheld.
Cattle theft – identification of stolen animal; sufficiency and corroboration of identification evidence; possession as evidence of theft; requirement to prove guilt beyond reasonable doubt; weight of extra‑judicial statements.
 25 October 1995
August 1995
M/S Y. S. Chanalia and Coo. Ltd vs M/S Tanga Cement Co. Ltd (Civil Appeal No. 18 of 19994) [1995] TZHC 891 (18 August 1995)
18 August 1995
Waziri Kaniki vs Republic (Criminal Appeal No. 107 of 1994; High Court Criminal Appeal No. 106 of 1994) [1995] TZHC 1166 (16 August 1995)
Insufficient night-time identification and unreliable extra-judicial statements led to quashing of rape convictions.
Criminal law  Identification evidence in sexual assault cases  Night-time assaults and the need for detailed identification evidence; Extra-judicial statements  Admissibility and weight of confessions/statements to village militiamen; Sufficiency of prosecution evidence to prove guilt beyond reasonable doubt.
 16 August 1995
July 1995
Leonard Joseph vs Republic (HC Criminal Appeal No 43/95) [1995] TZHC 987 (5 July 1995)
Inconsistent defences and credible witness evidence defeated a claim of lack of guilty knowledge; appeal dismissed.
* Criminal law – possession of ammunition – proof of unlawful possession – requirement to prove guilty knowledge; effect of inconsistent explanations and recanted cautioned statements on credibility.
 5 July 1995
June 1995
Stephano Sabuni vs Maliki Ally (PC. Civil Appeal No. of 1993) [1995] TZHC 738 (9 June 1995)
Whether an appellate court may overturn a trial finding of a valid land sale absent evidence of clan ownership or sale invalidity.
Land law – proof of sale of customary/ rural land – weight of oral witnesses and written receipt; limitation – cause of action and accrual; clan ownership allegations require evidential support; appellate interference with primary court factual findings.
 9 June 1995
April 1995
Selvester Juma vs United Republic (HC Criminal Appeal No. 26 of 1994) [1995] TZHC 1055 (10 April 1995)
A conviction relying solely on a child witness admitted without voir dire is unsafe; convictions quashed and appellant released.
Criminal procedure – Evidence Act s.127(2) – Child of tender years – Requirement for voir dire to establish understanding of oath and sufficient intelligence – Competence of child witness – Evidence inadmissible where voir dire absent – Conviction unsafe if sole basis is incompetent child’s testimony.
 10 April 1995
January 1995
Dismas Rapahel Mbachi vs Republic (HC Criminal Appeal No. 47 of 1994) [1995] TZHC 1041 (17 January 1995)
Possession of property found at night near a recent burglary supported conviction for suspected stolen property; appeal dismissed.
Criminal law – Possession of suspected stolen property – Section 312(b) Penal Code; circumstantial evidence and identification; credibility findings; statutory minimum sentence.
 17 January 1995
Dube Kerua vs United Republic (HC Criminal Appeal No. 30 of 1994) [1995] TZHC 1040 (10 January 1995)
Appellant’s conviction for stealing and slaughtering livestock upheld on credible eyewitness and physical evidence; five-year sentence confirmed.
Criminal law – Theft of livestock – Eyewitness identification and physical evidence (carcass) – Proof beyond reasonable doubt – Tracking evidence – Sentence of five years (minimum) – Appeal dismissed.
 10 January 1995