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
64 judgments

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64 judgments
Citation
Judgment date
March 2019
Application to set aside dismissal struck out for being improperly moved by citing wrong legal provisions.
Civil procedure — competence of application — wrong citation of legal provisions — application to set aside dismissal for nonappearance must be moved under Order IX Rule 9 of the Civil Procedure Code; wrong provision renders application incompetent and liable to be struck out.
29 March 2019
Application for certificate to appeal struck out for incorrect statutory citation and failure to invoke section 5(2)(c).
Appellate Jurisdiction Act, Cap.141 – section 5(2)(c) – certification of point of law for appeal to the Court of Appeal; Competence of leave-to-appeal application – requirement of correct statutory citation; Procedure – effect of failing to invoke enabling provision; Remedy – striking out incompetent application without costs.
29 March 2019
Extension of time to file appeal granted where omission of the decree was an excusable human error and sufficient cause shown.
Practice — Extension of time to file appeal — Sufficient cause — Court will exercise discretion judicially considering promptness, diligence and explanation for delay; omission of a decree from the record may amount to sufficient cause when shown to be an innocent human error.
29 March 2019
Judicial review dismissed: verifying affidavit invalid, disqualification automatic under Article 71(1)(c), and internal parliamentary remedies not exhausted.
• Judicial review – leave to apply – procedural prerequisites under Law Reform (Judicial Review) Rules – verifying affidavit required. • Notaries Public and Commissioner for Oaths Act s.7 – advocate acting as commissioner who attests affidavit in proceedings where he represents a party renders affidavit defective. • Constitution – Article 71(1)(c) – automatic cessation of MP’s seat after absence from three consecutive meetings without Speaker’s permission; no separate Speaker decision to review. • Parliamentary Standing Orders – Order 5(4) – requirement to exhaust internal parliamentary remedies before judicial intervention. • Public notice does not necessarily constitute a reviewable decision for certiorari.
29 March 2019
Missing trial records led to nullification of proceedings, discharge of the accused, and conditional retrial with credit for time served.
Criminal procedure – missing trial records – appellate review obstructed by absent records; remedy by reconstruction and nullification of proceedings; retrial permitted; discharge of accused due to delay; credit for time served on reconviction.
29 March 2019
Second appellate court upheld probate distribution, finding house lawfully given to a spouse; appeal dismissed.
Probate and succession – distribution of estate under Islamic law – determination of lawful spouses vs tenants; Evidence – admissibility and weight of clan meeting minutes and testimony of relatives; Appellate review – scope of interference with concurrent findings on second appeal (misapprehension of evidence, miscarriage of justice, natural justice).
28 March 2019
Conviction based on recent possession is unsafe where complainant fails to identify stolen items beyond suspicion.
Criminal law — burden of proof — proof beyond reasonable doubt; Doctrine of recent possession — requirements: (i) property found in accused's possession, (ii) property recently stolen, (iii) property belongs to complainant; Identification of stolen property — necessity for distinctive proof (serial numbers/receipts) — mere colour/make insufficient; Suspicion cannot sustain conviction.
28 March 2019
A caveat filed without extension and omitting the caveator's address was lapsed and removed to permit estate administration.
Land registration – Caveat – Duration of caveat under Registration of Documents Act s.32(2) – Requirement to apply for extension – Omission of caveator's address under s.32(4) – Untraceable caveator – Removal of lapsed caveat – Substituted service and ex parte hearing.
28 March 2019
Suit held not time‑barred; borrower’s overdraft unpaid and guarantors liable for decretal sum with interest and costs.
Limitation — exclusion under section 21(1) for proceedings prosecuted in good faith in a court lacking jurisdiction; Contract/guarantee — guarantor liability co‑extensive with principal debtor under section 80 Law of Contract Act; Effect of third‑party payment — burden on party alleging discharge to prove payment covered specific liabilities; Demand notices to guarantors — absence does not necessarily vitiate liability where contract imposes no notice precondition.
27 March 2019
Tribunal's dismissal was procedurally defective for lack of reasons and failure to follow an earlier High Court directive.
Civil Procedure – Order XX Rule 4 CPC – Judgment must contain concise statement, points for determination, decision and reasons – failure to give reasons renders ruling defective. Administrative compliance – Lower tribunal’s duty to comply with higher court directives – failure to implement earlier High Court order. Civil Procedure – Locus standi – Where lack of locus standi is found, proper remedy is striking out plaint, not dismissal.
27 March 2019
27 March 2019
Applicant failed to prove arbitrator misconduct; court dismissed application to set aside the arbitral award.
Arbitration Act s.16 — alleged arbitrator misconduct; setting aside awards only for misconduct or error apparent on the face of the award; courts’ limited review of arbitral factual findings; extra works and final certificates; bilateral termination agreements — contingent obligations; procedural pre‑conditions to arbitration (notice) and challengeability.
26 March 2019
Interim application dismissed for prematurity and defective supporting affidavit in multi‑applicant land dispute.
Civil procedure – interlocutory relief – prematurity of interim application where related representative land proceeding exists – necessity of leave; Affidavits – multi‑applicant proceedings – supporting affidavit must speak for all applicants or be joint; Order XXXVII Rule 1(b) – when an application amounts to a 'suit'.
26 March 2019
Extension of time granted where delays from pursuing incompetent applications were excusable under the Limitation Act.
Limitation law – extension of time to file review – s.14(1)(b) Law of Limitation Act; exclusion of time spent on incompetent proceedings – s.21(1); Civil Procedure – review – overriding objective (Act No.3/2018) – substantive justice; discretion to extend time; costs each party.
26 March 2019
Applicant’s repeated nonattendance and failure to show sufficient reasons did not justify setting aside dismissal for want of prosecution.
Civil procedure – setting aside dismissal for want of prosecution – Order XXXIX Rule 19 CPC – sufficiency of reasons for nonappearance; Change/transfer of judge or file – does not excuse nonattendance where hearing dates fixed; Duty of litigant to follow up appeal and attend court; Repeated nonappearance disentitles applicant to relief.
26 March 2019
Consolidating separate revision claims from different rulings rendered the applicant's chamber summons incompetent and it was struck out with costs.
Limitation of actions – Application for revision under Civil Procedure/Magistrates’ Courts Act – Law of Limitation Act item 21 (60 days) – competence – consolidation of separate revisions into one chamber summons constituting omnibus prayers – striking out for incompetence – costs.
26 March 2019
26 March 2019
Conviction quashed where medical report was improperly admitted and identification evidence was unreliable and uncorroborated.
Criminal procedure – admission of medical report (PF3) – requirement to call medical practitioner for cross-examination – exhibit expunged; Identification evidence – failure to name suspects at earliest opportunity and lack of corroboration renders identification unreliable; Conviction unsafe where improperly admitted evidence removed and identification uncorroborated.
26 March 2019
Plaintiff conceded a jurisdictional preliminary objection; court struck out the suit and awarded costs to the defendant.
Civil procedure — Preliminary objection on jurisdiction — Plaintiff conceded objection — Application of Order XXIII Rule 1(3) CPC — Costs awarded to defendant; suit struck out; costs of fresh suit to be determined in refiling.
25 March 2019
District court lacked jurisdiction to hear suit against a specified public corporation; proceedings quashed.
Public Corporations – Specified public corporation – declaration invokes Bankruptcy Act – official receiver/Treasury Registrar to be joined or leave of High Court required – subordinate courts lack jurisdiction to entertain suits against specified corporations unless jurisdiction delegated.
25 March 2019
24 March 2019
Application for extension of case lifespan dismissed as time‑barred; Civil Procedure Code provisions held inapplicable.
Commercial procedure – Extension of life span of a case – Rule 32(3) High Court (Commercial Division) Procedure Rules 2012 – requirement to apply thirty days before expiry – time‑bar – inapplicability of Civil Procedure Code ss.93 and 95 to cure non‑compliance; preliminary objections on maintainability and affidavit content.
22 March 2019
Appellant’s materially inconsistent evidence undermined title claim; respondent lawfully occupying land used since marriage, appeal dismissed.
Land dispute — ownership and possession — evaluation of witness credibility — material contradictions in appellant’s evidence — lawful occupation by succession/use — appellate review of factual findings.
22 March 2019
Application for certificate on point of law dismissed: complaints were factual, not legal, and lacked merit.
Land law — application for certificate on point of law under s.47(2) LDCA; tribunal composition and quorum — alleged irregularities; factual disputes v. questions of law; requirement to show point of law for certification.
22 March 2019
Habeas corpus not granted where arrest was disputed and applicant failed to identify arresting officers or vehicle.
Habeas corpus — remedy appropriate where detention is undisputed; evidence required to link alleged arrest to named respondents — identification of arresting officers/vehicle; burden of proof on applicant; limits of relief where alleged arrest by unidentified persons ("watu wasiojulikana").
21 March 2019
Tribunal had jurisdiction but erred by deciding on an unpleaded default‑notice issue; matter remitted for retrial.
Land law – jurisdiction of District Land and Housing Tribunal – pecuniary jurisdiction determined by pleaded value; Civil procedure – pleadings and framed issues – court cannot decide on unpleaded issues; Land Act s.127 – statutory default notice requirement; Remedy – remittal for retrial where decision based on unpleaded issue; Assessors – requirement to give reasons when differing from assessor's opinion (s.24 Cap.216).
21 March 2019
Prosecution failed to prove murder beyond reasonable doubt due to uncorroborated, circumstantial evidence and missing key witnesses.
Criminal law – Murder – elements: death, actus reus, mens rea – proof beyond reasonable doubt; Circumstantial evidence – insufficiency where alternative hypotheses remain; Caution/confession statements – need for corroboration (Officer of Peace); Failure to produce key witnesses or weapon weakens prosecution case; Identification in group attacks.
21 March 2019
Application to defend mortgage suit struck out for citing incorrect statutory provisions; XXXV r.3(1)(c) required.
Civil Procedure – leave to defend – mortgage suits – application must be brought under Order XXXV r.3(1)(c) following Mortgage Financing (Special Provisions) Act 2008 – failure to cite correct provision renders application incompetent – application struck out with costs.
20 March 2019
20 March 2019
Fully paid-up shareholders must allege a prima facie surplus to have locus standi to petition for winding up.
Companies — Winding up — locus standi of contributories — whether fully paid-up shareholders may petition — requirement to allege prima facie surplus or prospect of surplus (Re Rica Gold Washing Co.). Companies (Insolvency) Rules — procedure on return day — appearance of company and counsel without notice, affidavit or board resolution; service requirements under rules 111(3) and 111(5) and directions under rule 112(1).
19 March 2019
A contractor who agreed to proceed despite disclosed funding shortages cannot claim breach or interest for delayed payments.
Contract law – formation and variation of contract by negotiation minutes; estoppel – party who consents to proceed despite disclosed funding shortage cannot later claim breach; remedies – entitlement to interest for late payment; evidence – negotiation minutes and payment vouchers as part of contract documents.
19 March 2019
The applicant, as duly appointed estate administrator, may proceed with execution of the decree; record remitted.
Civil revision under s.30(2)(a) Magistrates' Courts Act; execution of decree; effect of primary court appointment of estate administrator on execution; remission of record to lower court for enforcement.
19 March 2019
Order XXXVII Rule 1 CPC applies only to pending suits; injunction sought pending revision was incompetent and struck out.
Civil Procedure – temporary injunction – Order XXXVII Rule 1 CPC – applicability limited to pending suits (commenced by plaint) and not to revision proceedings. Competency of application – mis-citation of procedure; injunctions ordinarily sought in the court where the main suit is pending. Procedure – necessity to join decree debtor/executing party when seeking to restrain sale in execution.
19 March 2019
Third‑party mortgages upheld; sale invalidly lacked statutory notice but purchaser protected as bona fide, so suit dismissed.
Mortgage law — existence of bank credit facilities and renewal; validity of third‑party mortgages under s.113; adequacy of mortgage formalities and name variance; sale of mortgaged land — private sale after failed auctions, statutory notice requirement (s.132(4)); protection of bona fide purchaser under s.135; failure to file witness statement by receiver — counterclaim dismissed for want of prosecution; damages not proven.
19 March 2019
Instruction fees must be based on liquidated components of a claim; bill taxed at Tshs 2,760,000 and taxation costs disallowed under Order 48.
Advocates’ Remuneration – taxation of costs – definition and application of "liquidated sum" under Schedule 9 – assessment of instruction fees where suit terminated on technical objection – Order 48(1) disallowing costs of taxation if more than one‑sixth of bill disallowed.
18 March 2019
Mortgage over custodial property invalid where custodian lacked authority and bank failed to obtain owners' consent.
Land law – ownership of property held in custody – effect of residence licences indicating custodian status. Mortgage law – validity of secured charge where registered owner’s consent is absent. Contract/capacity and consent – role of consent and documentary proof when custodian purports to encumber custodial property. Bank’s duty – due diligence and negligence in verifying consent to mortgage. Remedies – declaration of nullity, surrender of title documents, injunctions, damages and costs.
17 March 2019
15 March 2019
Court granted 21‑day extension to file notice of appeal after appeal struck out for defective record, finding a technical delay.
Appellate procedure – Extension of time to give notice of appeal – Technical delay where original appeal lodged in time but struck out for incompetence; discretion under s.11(1) Appellate Jurisdiction Act; exclusion of time spent prosecuting struck‑out appeal; court lacks power under s.11(1) to extend time for serving record or for certificate on point of law.
15 March 2019
15 March 2019
Oral supply agreement established; defendant breached by non‑payment; plaintiff awarded decretal sum, post‑judgment interest and costs.
Contract law – oral contract for sale and supply – invoices and delivery notes as evidence of supply and liability. Breach of contract – non-payment of invoiced amounts for goods supplied on credit. Interest – contractual post‑due interest agreed (reduction from 3% to 2% monthly) accepted; court awards statutory post‑judgment interest. Proof of loss – separate damages not pleaded or proved; contractual interest deemed to cover delay loss.
14 March 2019
Failure to accord hearing and produce supporting evidence rendered the university's withdrawal of the applicant's LL.B degree void.
Administrative law – review of academic decision – withdrawal of degree for alleged forgery – certiorari. Natural justice – right to be heard – procedural fairness in disciplinary/academic inquiries. Evidence – requirement to produce inquiry reports, records or witness affidavits; inadmissibility of unsupported hearsay. Duty to provide reasons – failure to state material grounds renders decision unreasonable and void. Criminal referral – obligation to report alleged offences to police under section 7(1)(a) Criminal Procedure Act when disciplinary process ceases.
14 March 2019
Extension of time granted where prison authorities’ failure to dispatch an incarcerated applicant’s notice of appeal caused the delay.
Criminal procedure – extension of time to lodge notice and petition of appeal; delay caused by prison authorities – delay not imputable to incarcerated appellant; unopposed application – extension granted; reliance on precedent.
13 March 2019
An appeal against a tribunal order to proceed with execution is not appealable where the tribunal has not determined applications to set aside the ex parte decree.
Land law – Appeals – Whether an order permitting execution of a tribunal decree is appealable; District Land and Housing Tribunal Regulations 2003 – Regulation 22 (interlocutory orders) and Regulation 24 (appeals) – interaction with Civil Procedure Code Order XL; premature appeals where tribunal has not determined applications to set aside ex parte decree.
13 March 2019
13 March 2019
Conviction on guilty plea quashed where charge and facts failed to disclose ingredients of stealing by agent.
Criminal procedure – guilty plea – adequacy of facts – requirement to disclose ingredients of offence (entrustment) – defective charge sheet – reference to correct statutory provisions (s135 CPA) – stealing by agent (s273(b) Penal Code) – Laurent Mpinga principle – quash conviction and set aside sentence; release pending lawful custody.
13 March 2019
Conviction based on an ambiguous plea and defective record regarding admission and victim's age is unsafe; retrial may be required.
Criminal law – Plea of guilty – Equivocal/ambiguous plea – When plea may be challenged on appeal. Criminal procedure – Recording of plea and facts – Requirement to ascertain unequivocal admission and complainant's age. Appeal – Conviction founded on imperfect plea – Quashing of conviction and retrial in proper case.
13 March 2019
A compensation claim accrued on issuance of the written notice; the applicant’s suit was time-barred and dismissed with costs.
Civil procedure — preliminary objection — scope and application: admissible where point is pure law arising from pleadings and can dispose of the suit. Limitation of actions — Law of Limitation Act Cap 89 — item 1 Part I: one-year limitation for compensation claims arising under written law. Accrual of cause of action — section 6(e): where actionable wrong gives rise to no right until injury occurs, accrual is when injury results; written notices may trigger accrual. Time-bar — suit filed after prescribed period is liable to be dismissed under section 3(1).
12 March 2019
Appeal dismissed as premature; defendant must first apply under Order XXXV Rule 8 to set aside summary-decree and obtain leave to defend.
Civil procedure — Summary (ex parte) suits — Order XXXV Rule 8 CPC — Remedy to set aside decree and obtain leave to defend — Appeal premature where trial remedy not exhausted.
11 March 2019
Extension of time granted where delay in transmitting a prisoner’s appeal documents was attributable to prison authorities.
Criminal procedure — extension of time to appeal — delays in transmission by prison authorities — where prisoner places matter for transmission it is deemed before the Deputy Registrar — extension granted.
11 March 2019
Bail refused because the court record charges the applicant with murder, a statutory non-bailable offence.
Criminal procedure – bail pending trial – application under section 148 CPA – relevance of formal charge on record. Criminal law – distinction between murder (s.196 Penal Code) and manslaughter (s.195 Penal Code) in relation to bail. Statutory interpretation – non-bailable offences under s.141(5)(a)(i) CPA prevent grant of bail while such charges remain on record.
11 March 2019