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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
December 1999
Ignas Pius vs Republic (Criminal Appeal No 20/1999) [1999] TZHC 300 (29 December 1999) Use of a dangerous weapon and credible identification upheld an armed robbery conviction; appeal dismissed. * Criminal law – Armed robbery – use of dangerous/offensive weapon (muzzle-loading gun) elevates ordinary robbery to armed robbery under amended statute. * Criminal evidence – Identification – prolonged encounter and recovery of stolen property support reliable identification. * Criminal procedure – Accused standing mute and failure to pursue available remedies do not automatically vitiate conviction; refusal to transfer trial not shown to cause miscarriage of justice.	29 December 1999
Robert Kiagu & Another vs Salehe Saidi (PC Civil App. No. 26/1998) [1999] TZHC 387 (24 December 1999) Owner’s title affirmed; occupant was an invitee and not owner, but entitled to compensation for improvements. Land law – ownership – payment to occupant does not ipso facto transfer title; occupancy as invitee does not confer ownership; compensation for unexhausted improvements to avoid unjust enrichment; appellate review – interference with trial court credibility findings only where misdirection evident.	24 December 1999
Ally vs Hamza Juma (PC Misc Civil Appeal No. 14 of 1996) [1999] TZHC 467 (20 December 1999) Appellate review finds appellant's occupation and witness evidence support ownership; dispossession not sufficiently proved. Land dispute — ownership and occupation — sufficiency of oral evidence (PW2, PW3) — whether appellant sued correct party — appellate review of factual findings and misdirection.	20 December 1999
October 1999
Paulo s/o Difa vs Kwambago Village Council (Misc. Civil Application No. 13 of 1997) [1999] TZHC 479 (5 October 1999) Applicant’s leave to appeal refused for failing to raise an arguable question of law; dismissed with costs. Leave to Appeal – requirement of an arguable case or substantial question of law – applicant’s factual complaints insufficient to qualify for leave – application dismissed with costs.	5 October 1999
August 1999
Adanu s/o Saidi @ Ngereza vs Republic (DC Criminal Appeal No 63 of 1998) [1999] TZHC 349 (11 August 1999)	11 August 1999
July 1999
Halima Bakari vs Ally Seifu (PC Civil Appeal No 27 of 1998) [1999] TZHC 337 (23 July 1999)	23 July 1999
April 1999
Hassan Kingama vs Republic (Criminal Appeal No. 6 of 1998) [1999] TZHC 523 (30 April 1999) Reported Criminal Practice and Procedure - Legal Representation -- Right of accused to legal representation — Accused showed intention to be represented - whether trial court may proceed without giving chance to the accused to get legal representation - Section 310 of the Criminal Procedure Act, 1985. Criminal Practice and Procedure - Change ofmagistrate-Magistrate withdrew/disqualified himselffrom hearing the case — Whether the same magistrate may continue to hear the same case. Criminal Practice and Procedure — Retrial- Retrial not to be ordered where it is likely to cause injustice to the accussed.	30 April 1999
January 1999
Mbwana Mwalimu vs Republic (Criminal Appeal No. 98 of 1999) [1999] TZHC 307 (1 January 1999) Trial court erred by shifting burden to accused; recent possession doctrine inapplicable, acquittal required. Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt; accused need only raise reasonable doubt – doctrine of recent possession not applicable where delay and innocent explanations exist.	1 January 1999

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