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

14 judgments

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14 judgments

Citation	Judgment date
October 1996
Nahuruwa Selemani vs Republic (High Court Criminal Appeal No. 52 of 1996) [1996] TZHC 210 (23 October 1996) Failure to re-summon and re-hear witnesses under s.214 prejudiced the accused and rendered the conviction unsafe. * Criminal procedure – continuation of trial by another magistrate – section 214(1) and mandatory re-hearing requirement of s.214(2)(a) – failure to re-summon/re-hear witnesses renders conviction unsafe. * Evidence – defective trial record and inability to assess witness credibility from incomprehensible notes – prejudice to the accused. * Remedies – irregularity not curable under s.388; fresh hearing required.	23 October 1996
Selemani Nassoro vs Justine Kweka and Another (Civil Appeal No. 29 of 1995) [1996] TZHC 42 (1 October 1996) Appeal dismissed: structure intruding into neighbour’s plot constituted tortious trespass; demolition, ejection and permanent injunction ordered. Property — Tortious trespass — Erection of structure intruding into neighbour’s plot — Requirement for demolition to extent of intrusion and ejection/injunction; res judicata — earlier demarcation judgment did not bar subsequent suit on intrusion issue; credible surveyor evidence upheld.	1 October 1996
September 1996
Mwanungu Mohamed vs Ayubu Mussa (PC o Civil Appeal No. 49 of 1995) [1996] TZHC 408 (12 September 1996) Concurrent factual findings that respondent lawfully bought and possessed the shamba at a 1968 auction were upheld; appeal dismissed with costs. Property law – ownership by purchase at court-sanctioned auction; Civil procedure – appellate interference with concurrent findings of fact; Evidence – cross-examination and site inspection supporting factual findings; Procedural irregularity – failure to explain assessors’ duties not ipso facto fatal; Capacity to sue – need for authority to represent deceased or other owners.	12 September 1996
August 1996
Athumani Hassani vs Philemoni Mpimbwe (Misc. Civil Application No. 30 of 1995) [1996] TZHC 190 (20 August 1996) Court certified whether appellate misapprehension of evidence and adverse possession affected the land ownership decision. Appellate review — misapprehension of evidence — failure to evaluate contradictions — certification of questions to Court of Appeal — adverse possession — capacity to alienate land not adjudicated.	20 August 1996
July 1996
Riziki Juma vs Republic (Criminal Appeal No 26 of 1996) [1996] TZHC 203 (23 July 1996) Conviction for theft overturned where factual narration failed to establish mens rea or knowledge of stolen property. Criminal law – Theft – mens rea – Knowledge of ownership required for theft; factual plea – sufficiency of facts supporting guilty plea; unsupported allegation of conspiracy; appeal against conviction.	23 July 1996
Richard Kinaya vs Alleni Nasokola (PC Criminal Appeal No 7 of 1995) [1996] TZHC 384 (15 July 1996) Non-compliance with mandatory Primary Court judgment rules renders the trial judgment null and requires quashment and remit or retrial. Magistrates' Courts (Primary Courts) (Judgement of Court) Rules 1987; mandatory compliance required when writing judgments after assessors' opinions; failure to comply renders judgment a nullity; appeals based on null judgments are ineffectual; remedy: quash and remit or order retrial.	15 July 1996
Richard Kubege vs Republic (HC Criminal Appeal No. 22 of 1995) [1996] TZHC 379 (12 July 1996) Appeal dismissed where credible prosecution evidence proved herdsman sold his employer’s three goats. * Criminal law – Theft (livestock) – Whether prosecution proved beyond reasonable doubt that herdsman took and sold employer’s goats – Credibility of owner and purchaser evidence upheld; bare denial insufficient to overturn conviction.	12 July 1996
May 1996
Walles Mwandamo vs Republic (HC Criminal Appeal No 47 of 1995) [1996] TZHC 198 (29 May 1996) The appellant's housebreaking conviction quashed for insufficient evidence; theft conviction upheld on possession of stolen property. Criminal law – housebreaking and theft – proof beyond reasonable doubt – possession of stolen property – credibility of defence raised for first time at trial – circumstantial and vague evidence insufficient to establish housebreaking.	29 May 1996
Yasini Haji Mapunda vs Republic (HC Criminal Appeal No. 52 of 1993) [1996] TZHC 202 (29 May 1996) Appeal allowed where trial court failed to analyse evidence and mens rea for possession of stolen property was not proved. Criminal law – theft/possession of stolen property – evaluation of evidence and mens rea; duty of trial court to analyse conflicting accounts and give reasoned judgment; conviction unsafe where accused’s unchallenged explanation not considered.	29 May 1996
United Hardware and Auto Tools Ltd vs Sam Supplies Ltd (Misc. Civil Cause No. 2 of 1994) [1996] TZHC 187 (21 May 1996)	21 May 1996
United Hardware and Auto Tools Ltd vs Sam Supplies Ltd (Misc. Civil Cause No. 2 of 1994) [1996] TZHC 188 (21 May 1996)	21 May 1996
March 1996
Zainabu Ramadhani vs Joseph Magwede (Civil Application No. 4 of 1995) [1996] TZHC 189 (28 March 1996)	28 March 1996
Ahmed Ramadhani Mdoe vs Republic (High Court Criminal Appeal No 50 of 1995) [1996] TZHC 338 (7 March 1996) First appellate court re-evaluated record, found trial judgment defective and convictions unsafe for lack of mens rea. Criminal law – possession of property suspected to be stolen – requirement of mens rea (knowledge/reason to know); Criminal procedure – mandatory content of judgments under s.312(1) CPA 1985; Appeals – first appellate court may re-evaluate record and substitute findings where trial judgment defective but record complete; Evidence – affirmed testimony of accused admissible and to be treated with caution, not ignored as mere statements.	7 March 1996
January 1996
Receiver Manager Sabuni Industries vs Republic (Criminal/Civil Appeal No. 31 of 1996) [1996] TZHC 388 (1 January 1996) Appellate court held LiRT has exclusive jurisdiction; substitute conviction unlawful; immediate payment order set aside. Jurisdiction – LiRT Act 1991 – exclusive jurisdiction of LiRT Loans Recovery Tribunal over non‑performing assets; Employment law – employee wages and terminal benefits become claims payable from proceeds under LiRT Seizure and Disposal of Assets Rules 1993 (Rules 8,10); Criminal procedure – section 300(2) substitution of offence – substitute must be a legal "minor" offence; Procedural law – subordinate court misdirected in ordering immediate payment contrary to LiRT procedures.	1 January 1996