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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
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
7 judgments
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7 judgments
Citation
Judgment date
December 2004
Godfrey Philipo Msuya & others vs Republic (Criminal Appeal No. 36 of 2002) [2004] TZHC 55 (17 December 2004)
Convictions quashed due to unsafe nighttime identification and insufficient proof of conspiracy; defence inadequately considered.
* Criminal law – Visual identification – Night-time identification by motorcycle beam or torchlight – necessity to exclude all possibilities of mistaken identity. * Criminal law – Burden and sufficiency of proof – conspiracy – requirement to prove accused were present at alleged time/place of conspiracy. * Evidence – Assessment of defence evidence – duty of trial court to analyse and weigh defence against prosecution case. * Evidence – Proof of ownership/possession of stolen property and linkage of alleged weapon to accused.
 17 December 2004
October 2004
Peter Andriano vs Republic (Criminal Appeal No. 49 of 2003) [2004] TZHC 434 (20 October 2004)
Applicant's conviction quashed for lack of cogent, corroborated evidence; doubts resolved in favour of the applicant.
Criminal law – sufficiency of evidence – conviction based on mere probability; uncorroborated/conflicting eyewitnesses; alleged admission disputed; burden of proof; benefit of doubt – appeal allowed and conviction quashed.
 20 October 2004
Mathias Zabron vs Republic (Criminal Appeal No. 24 of 2004) [2004] TZHC 379 (13 October 2004)
Court quashed grievous harm conviction, substituted actual bodily harm conviction and reduced sentence to 36 months.
Criminal law – Grievous harm – statutory definition under section 5 – fracture and dislocation do not necessarily constitute grievous harm; Revisional powers – interference with conviction despite appeal only against sentence; Substitution to assault causing actual bodily harm (s241); Sentencing – mitigation and antecedents justify reduced term.
 13 October 2004
April 2004
Maria Amanda Lobo(Administratix of the Estate of Dominic Lobo) vs Ibrahim juma Ismail(In the Power of Attorney of Sultan Hakimu) ((DC) Civil Appeal No. 16 of 2003) [2004] TZHC 58 (24 April 2004)
Proceedings were declared null where a power of attorney was limited to a different, independent cause number and did not authorize the suit.
Civil procedure – competence of suit – Power of attorney limited to a specific cause number – Whether authority under power extends to a separately filed District Court case – Proceedings prosecuted by one lacking authority are a nullity.
 24 April 2004
March 2004
Haruna Mohamed and Another vs Republic (Criminal Appeal No. 30 of 2001) [2004] TZHC 622 (23 March 2004)
23 March 2004
Aisha Rashidi vs Ahmed Awadhi (Misc. Civil Appeal No. 1 of 1999) [2004] TZHC 455 (12 March 2004)
Appeal against eviction dismissed as moot because the eviction had already been executed and no relief was available.
* Housing law – eviction – appeal against Regional Housing Tribunal and Resident Magistrate's Court decisions – justiciability when eviction already executed – matter overtaken by events; remedy unavailable.
 12 March 2004
Manager, Segera Highway Motel vs Upendo Peter (Civil App. No. 6 of 2003) [2004] TZHC 340 (4 March 2004)
Whether a trial court’s decision lacking statement, points and reasons constitutes a valid judgment and the proper remedy.
Civil procedure — Judgment — Requirements of a valid judgment under Order 20 r.4 CPC: concise statement of case, points for determination, reasons for decision — A document containing only a decision is not a judgment — Appellate remedy: remit to trial court to draw proper judgment where magistrate still available.
 4 March 2004