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.

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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
January 2013
George Michael vs Makange Salehe (Miscellaneous Land Case Appeal No. 10 of 2011) [2013] TZHC 2295 (23 January 2013) Appellate courts must consider long uninterrupted possession; failure to do so justified allowing appellant to remain in possession. Land law – possession and ownership – long and uninterrupted occupation as evidence of possession; onus on claimant to prove non-abandonment; appellate review for failure to direct on material factual issues; unprosecuted allegations of conspiracy do not overturn possession findings.	23 January 2013
Vodacom Tanzania vs Zawadi Bahenge & 6 Others (Revision No. 12 of 2012) [2013] TZHC 2423 (4 January 2013)	4 January 2013
Edna John Mgeni vs National Bank of Commerce Limited and Another (Commercial Case No. 90 of 2013) [2013] TZHC 2454 (1 January 2013) Counterclaim against supplier dismissed as time‑barred; counterclaim against bank maintained and preliminary objections overruled. Civil procedure — preliminary objections — limitation — where limitation defence depends on factual examination of accounts and acknowledgements it may not be suitable for summary disposal. Limitation — Law of Limitation Act Part I item 7 — six-year period for contract claims — claims from 2006–2009 time-barred when filed in 2015. Cause of action — material facts alleged — dispute as to bank payments gives rise to cause of action. Abuse of process — counterclaim arising from same transactions as main suit not frivolous or vexatious.	1 January 2013
Frank Saluhara and Another vs Nyanza Bottlings Co. Ltd (Revision No. 44 of 2013) [2013] TZHC 2288 (1 January 2013) Applicants conceded misconduct; dismissal held substantively fair but procedurally unfair, respondent ordered to pay ten months' salary compensation. Employment law – disciplinary proceedings – employee concession of misconduct – no need for further evidence; procedural fairness – failure to follow required termination procedures renders dismissal procedurally unfair though substantively fair; remedies – compensation in lieu of reinstatement; application of Sections 37 and 40 of the Employment and Labour Relations Act and the Code of Good Practice GN. No. 42/2007.	1 January 2013
Fredrick Mizambwa vs Tanzania Ports Authority (Revision No. 220 of 2013) [2013] TZHC 2290 (1 January 2013) Termination for absenteeism was substantively valid but procedurally unfair; CMA award quashed and reinstatement ordered. Labour law – unfair termination – substantive fairness: absenteeism for thirteen consecutive days justified dismissal; procedural fairness: failure to investigate and to give written notice of hearing vitiates dismissal; natural justice and GN. 42 of 2007 (Rule 13 and Schedule paragraph 4(3)); CMA award quashed; reinstatement ordered under s.40(1)(a) ELRA No.6/2004.	1 January 2013
James Leonidas Ngone vs Dawasco (Revision No. 382 of 2013) [2013] TZHC 2293 (1 January 2013) Applicant unfairly dismissed where respondent failed to prove misconduct, breached procedural fairness and discriminated; reinstatement ordered. Labour law — unfair dismissal: employer must prove existence of rule and that employee contravened it; procedural fairness — proper constitution of inquiry, impartial decision‑makers and compliance with disciplinary regulations; discrimination — consistent application of discipline; electronic evidence — mobile‑phone recordings and their probative weight in disciplinary/civil proceedings.	1 January 2013
Mashaka Rajabu and Others vs Republic (Criminal Appeal No. 110 of 2013) [2013] TZHC 2292 (1 January 2013) Convictions based on a single, uncorroborated night-time visual identification were quashed for unreliability and unexplained delay. Criminal law – Visual identification – Cardinal principle; need to exclude all possibilities of mistaken identity before acting on single-witness visual ID. Evidence – Corroboration – Voice identification alone unreliable and insufficient to corroborate visual ID without expert support. Procedure – Delay/unexplained failure to report suspects to police undermines identification evidence.	1 January 2013
Navtej Singh Bains vs African Medica Investment Tanzania Public Limited (Commercial Case No. 104 of 2013) [2013] TZHC 2291 (1 January 2013) The respondent occupying after lease expiry without valid renewal notice is a trespasser and liable for mesne profits. Lease – renewal clause – three‑month notice required; correspondence expressing intent is not formal notice; holdover lessee occupying after expiry without valid renewal is a trespasser; mesne profits awarded at agreed commercial rate less amounts paid; entitlement to vacant possession with reasonable grace period where hospital operations are ongoing.	1 January 2013
Navtej Singh Bains vs African Medical Investment Tanzania Public Limited (Commercial Case No. 104 of 2013) [2013] TZHC 2289 (1 January 2013)	1 January 2013
Wengerwindrose Safaris (T) Limited vs Minister for Natural Resources and Tourism and 2 Others (Misc. Commercial Case No. 88 of 2013) [2013] TZHC 2743 (1 January 2013) Applicant showed a triable dispute over hunting-block allocation but failed to prove irreparable harm; injunction and licensing order refused. Civil procedure – interlocutory injunction – requirements: prima facie case, irreparable injury, balance of convenience – applicant must particularize irreparable harm. Administrative law – court cannot, as interlocutory relief, compel a minister to issue statutory licences governed by Wildlife Conservation legislation. Property/land allocation disputes – alleged renaming/reshuffle of hunting blocks raises triable issues but does not by itself justify interim possession orders without irreparable harm shown.	1 January 2013