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

10 judgments

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10 judgments

Citation	Judgment date
December 2001
Raphael Sawiye vs Republic (Criminal Appeal No 111 of 1999) [2001] TZHC 598 (31 December 2001) Appeal: convictions for housebreaking and theft quashed; possession conviction upheld and sentence increased to 30 months. * Criminal law – sufficiency of evidence – housebreaking with intent and stealing – appellate acceptance of prosecution concession leading to quashal of convictions. * Criminal law – possession of breaking implements (s.298(d)) – large number of keys and suspicious cash as evidence of unlawful possession. * Sentencing – appellate interference to enhance manifestly inadequate sentence. * Procedure – omission in trial judgment to record conviction/sentence; rectification of record where omission appears inadvertent.	31 December 2001
November 2001
Dunga Richard vs Republic (Criminal Appeal No. 68 of 2000) [2001] TZHC 463 (5 November 2001) An equivocal guilty plea was cured by factual admissions; a three-year sentence was not manifestly excessive. * Criminal law – Stealing by agent – s.273 Penal Code – elements established by prosecutor's facts and accused's admissions. * Plea of guilty – equivocal plea – cured by factual admissions and allocutus. * Appeal against sentence – three years' imprisonment not manifestly excessive; appellate intervention declined.	5 November 2001
Bakari J. Mohamed vs Twaha Mohamed (PC Civil Appeal No. 31 of 2000) [2001] TZHC 354 (1 November 2001) Appellate court remitted probate appointment dispute for retrial due to inadequate evidence, ordering each party to bear own costs. Probate — appointment of administrator; intestate estate of person dying childless — sufficiency of evidence to disqualify proposed administrator — appellate intervention and remittal for retrial; costs — parties to bear own costs, no fresh fees for retrial.	1 November 2001
October 2001
Yahaya Omari Tupa vs Mahamudu Selemani (PC Civil Appeal No. 36 of 2000) [2001] TZHC 461 (22 October 2001) Appellate court allowed appeal, set aside district judgment for misdirection, applied res judicata and upheld trial court's credibility findings. * Land law – Title dispute over a 2.5-acre parcel – effect of prior appellate decision on subsequent proceedings (res judicata). * Civil procedure – appellate review of findings of fact and credibility – deference to trial magistrate’s assessment. * Civil procedure – multiplicity of suits – need for supervisory measures to prevent repetitive litigation.	22 October 2001
Mlina Rajabu vs Republic (Criminal Appeal No. 16/99) [2001] TZHC 588 (16 October 2001) Appellate court held recent-possession reasoning misapplied; burglary and theft convictions quashed and substituted with receiving stolen property. Criminal law – Doctrine of recent possession – Where appellant was not found in physical possession, recent possession cannot sustain convictions for burglary or theft; alternative conviction for receiving stolen property may be appropriate. Appellate review – Evaluation of evidence and misdirection – Convictions unsafe and to be quashed where evidence does not support charge as convicted. Sentencing – Substituted convictions and sentences where original convictions set aside.	16 October 2001
September 2001
Paul Kirua vs Ancilia G. Nhema (Misc Civil App. No. 69 of 2000) [2001] TZHC 692 (18 September 2001) Application for leave to appeal and certification of points of law refused because issues were factual and supported by evidence. * Civil procedure — application for leave to appeal and certification of point(s) of law — whether questions raised are matters of law or fact. * Customary law — findings of fact on customary obligations — role of assessors and evidential support. * Maintenance/statutory duty — sections of 1971 Act imposing duty to maintain minor children relevant to customary compensation orders.	18 September 2001
Boniface Kazungu vs Republic (Criminal Appeal No 48 of 2001) [2001] TZHC 498 (11 September 2001) Convictions quashed where prosecution failed to prove destruction and unlawful possession beyond reasonable doubt. Criminal law – destruction of property used for electricity supply – possession of goods suspected to be stolen – standard of proof beyond reasonable doubt – investigative omissions (no scene visit, absence of contractor/foreman witness) – benefit of doubt and quashing of convictions.	11 September 2001
Daudi Lukoya vs Republic (Criminal Appeal No 106/2000) [2001] TZHC 453 (11 September 2001) Appeal dismissed: preliminary hearing defects did not prejudice the applicant; conviction for stealing by agent affirmed. Criminal law – Theft by agent (s.273(1) Penal Code) – Preliminary hearing requirements (s.192 Criminal Procedure Act) – Effect of lack of legal representation – Procedural fairness and prejudice – Bail irregularity not fatal where no prejudice shown.	11 September 2001
June 2001
Hezekiel Miala vs Juma Karata (Pc. Civil Appeal No. 27 of 1995) [2001] TZHC 775 (6 June 2001) Second appeal dismissed: redemption from a loan secured by land is limited to the area used as security; lower courts' findings upheld. Civil procedure – second appeal – assessment of evidence; Court witnesses – calling of court witness with parties’ acquiescence; Land law – redemption of land given as security for loan limited to area used as security; Remedy – action against debtor who exceeds agreed boundaries.	6 June 2001
April 2001
Mariamu Rashid vs Republic (Civil Appeal No 3 of 1999) [2001] TZHC 561 (3 April 2001) Appeal dismissed: ownership not proved; occupant to be compensated for improvements, valuation remitted to Primary Court. Land dispute – proof of ownership – failure to derive title from alleged original owner – insufficiency of witness evidence – invitee/licensee in occupation – entitlement to compensation for improvements – remit to Primary Court for valuation.	3 April 2001