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
179 judgments

Court registries

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179 judgments
Citation
Judgment date
December 2021
The accused committed the act but was found not criminally responsible due to insanity and conditionally discharged.
Criminal law – Insanity defence – burden and effect of medical evidence – person not criminally responsible under section 13 Penal Code; special finding under section 219(2) Criminal Procedure Act; conditional discharge under section 219(3)(b) and power to commit to mental hospital.
18 December 2021
10 December 2021
10 December 2021
10 December 2021
Confession breaching recording guidelines and uncorroborated circumstantial evidence cannot sustain a murder conviction.
Criminal law — Murder — Ingredients: actus reus and malice aforethought; Evidence — Extrajudicial confession recorded by a justice of the peace — compliance with Chief Justice's Guidelines — failure to comply renders statement inadmissible/expunged; Circumstantial evidence — requirement of corroboration — suspicion alone insufficient for conviction; Procedure — delay in taking accused to justice of the peace and allegations of torture undermine prosecution case; Witness credibility — contradictions may render testimony unreliable.
10 December 2021
10 December 2021
7 December 2021
6 December 2021
6 December 2021
3 December 2021
2 December 2021
November 2021
30 November 2021
30 November 2021
30 November 2021
30 November 2021
30 November 2021
29 November 2021
26 November 2021
26 November 2021
23 November 2021
22 November 2021
The accused acquitted where the eyewitness statement was inadmissible and remaining circumstantial evidence left reasonable doubt.
Criminal law – Murder – requirement to prove guilt beyond reasonable doubt; Evidence Act s.34B – admissibility of statements of absent witnesses and duty to read statement to illiterate maker; chain of custody and exhibit handling – labeling and forensic testing of weapon evidence; circumstantial evidence – when it is insufficient for conviction; alibi notice – timing and probative value.
22 November 2021
19 November 2021
17 November 2021
16 November 2021
16 November 2021
Court affirms that civil imprisonment is a last resort and a matrimonial home is not attachable under section 48(1)(e).
Execution — civil imprisonment as a last resort; attachment of matrimonial/family residential property — section 48(1)(e) Civil Procedure Code; relevance of materials on the record to execution proceedings; obligation to investigate attachable assets before committal.
15 November 2021
The applicant failed to prove sickness or account for delay; extension of time to appeal was refused.
Extension of time — requirements under Lyamuya test — applicant must account for each day of delay — sickness may justify extension but requires proof (medical or corroborative) — delay in obtaining copy of judgment must be evidenced.
11 November 2021
9 November 2021
1 November 2021
October 2021
29 October 2021
26 October 2021
26 October 2021
26 October 2021
26 October 2021
26 October 2021
26 October 2021
26 October 2021
26 October 2021
25 October 2021
20 October 2021
20 October 2021
15 October 2021
15 October 2021
15 October 2021
13 October 2021
11 October 2021
8 October 2021
7 October 2021
6 October 2021