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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

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1 judgment

Citation	Judgment date
September 2006
Republic vs Mlekwa S/O Richard and Another (Criminal Sessions Case No.4 of 2006) [2006] TZHC 669 (22 September 2006) Identification contradictions and lack of proof linking recovered gun to victim defeated prosecution; accused acquitted. Criminal law – Identification evidence – Visual identification at night must be "watertight"; contradictions undermine reliability. Criminal law – Circumstantial evidence – Possession of a weapon requires proof linking it to the offence; circumstantial proof must exclude reasonable hypotheses of innocence. Evidence – Necessity of corroboration where identification is doubtful; prosecution’s duty to produce original documentation when ordered.	22 September 2006

Citation

Judgment date

September 2006

Republic vs Mlekwa S/O Richard and Another (Criminal Sessions Case No.4 of 2006) [2006] TZHC 669 (22 September 2006)

Identification contradictions and lack of proof linking recovered gun to victim defeated prosecution; accused acquitted.

Criminal law – Identification evidence – Visual identification at night must be "watertight"; contradictions undermine reliability. Criminal law – Circumstantial evidence – Possession of a weapon requires proof linking it to the offence; circumstantial proof must exclude reasonable hypotheses of innocence. Evidence – Necessity of corroboration where identification is doubtful; prosecution’s duty to produce original documentation when ordered.

22 September 2006