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
8 judgments

Court registries

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8 judgments
Citation
Judgment date
November 2000
1 November 2000
Conviction quashed where single witness’s evidence only showed probability, not proof, linking appellant to stolen goods.
Criminal law — Sufficiency of evidence — Circumstantial evidence — Conviction must be based on cogent proof beyond reasonable doubt, not mere probability — Single witness testimony insufficient to connect accused to stolen property.
1 November 2000
October 2000
Appellate court reduced imprisonment to time served where custodial sentence relied on unsubstantiated claims and a fine was the appropriate alternative.
Sentencing — imprisonment with alternative fine — fine normally appropriate; imprisonment reserved for necessary cases. Appellate interference warranted where sentencing relied on unsubstantiated facts (claim offence 'rampant'). Appeal allowed and sentence substituted with time served.
9 October 2000
An unequivocal guilty plea and voluntary extra‑judicial confession sustain conviction despite unproven torture allegations.
* Criminal law – Theft (s.265 Penal Code) – Unequivocal plea of guilty – Effect of facts admitted in court; * Criminal procedure – Extra‑judicial statement and confession – Voluntariness and allegations of police torture; * Appeal – Appellate interference with plea‑based convictions – When conviction and sentence may be confirmed.
4 October 2000
September 2000
Appeal dismissed: convictions for sodomy of children and a 30-year statutory sentence affirmed based on credible identification and medical corroboration.
* Criminal law – Sexual offences – Sodomy of minors – Proof of penetration and corroboration by medical evidence. * Identification – Reliability where accused is known to victims and observed in favourable circumstances. * Evidence – Weight of child testimony corroborated by medical reports. * Appeal – Convictions and statutory minimum sentence upheld.
22 September 2000
August 2000
Appellant's ownership claim dismissed as res judicata and time‑barred; appeal affirmed and costs awarded.
Property law – ownership disputes – res judicata – prior appellate judgments conclusively determining ownership bar subsequent claims; time‑barred claims; costs for repetitive litigation.
17 August 2000
June 2000
Court stayed execution of maintenance-related orders pending appeal, finding special circumstances and expunging a late rejoinder.
Civil procedure – Stay of execution pending appeal – Not automatic; requires special or exceptional circumstances. Maintenance orders – execution of orders made under Law of Marriage Act prior to dissolution – appeal and stay considerations. Procedural fairness – late rejoinder filed outside ordered time may be expunged.
12 June 2000
March 2000
Conviction based principally on single eyewitness identification was unsafe and therefore quashed.
Criminal law – Identification evidence – Safety of conviction based on single or limited eyewitness identification – Alibi – Adequacy of prosecution proof of identity.
20 March 2000