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

556 judgments

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556 judgments

Citation	Judgment date
February 2024
Access Bank Tanzania Limited( Currently known as Access Microfinance Bank Tanzania Limited ) v Benedicta John Bosco Lindi (Labour Revision No. 65 of 2022) [2024] TZHC 705 (29 February 2024) Non-service of a CMA notice is not fatal; defective verification by applicant’s advocate led to striking out the application. Labour revision — Notice of intention to lodge revision (CMA F.10): filing vs service — Regulation 34(1) of G.N. No.47/2017; Affidavit practice — verification clause must distinguish personal knowledge from information and specify sources; Defective verification may render application incompetent; Advocate verifying affidavit — limits of personal knowledge; Procedural lapse of non-service not necessarily fatal.	29 February 2024
Acme Ferdinand Mutabilwa vs Belyan Benjamin Byeno (Misc. Civil Application No. 66 of 2023) [2024] TZHC 598 (29 February 2024) Extension of time granted where court-caused delay in supplying judgment copies constituted good cause to appeal. * Civil procedure – Extension of time to file an appeal – Law of Limitation Act s.14(1) – application of Lyamuya factors (account for delay, absence of inordinate delay, diligence). * When failure or delay by trial court in supplying judgment/decree may amount to good cause. * Discrepancies in documentary dates may be treated as slip of the pen where supporting evidence shows diligent pursuit of documents. * Discretionary grant of extension and refusal to make costs order given parties’ relationship.	29 February 2024
Anold Salvatory Marko vs. Benjamin Geofrey Tuni (Civil Appeal No.11 of 2023) [2024] TZHC 559 (29 February 2024) Primary Court lacked jurisdiction over a claim amounting to common-law conversion; no contract was proved, appeal dismissed with costs. * Civil procedure – jurisdiction – Primary Court lacks jurisdiction to try common law torts (conversion) under s.18(1)(a)(iii) Magistrates' Courts Act. * Contract law – oral agreement – burden of proof; uncorroborated oral agreement not proved. * Tort – conversion defined as wrongful taking/possession of goods. * Appellate practice – jurisdictional issues may be raised at appellate stages.	29 February 2024
Baraka John Dayo vs. The Republic (Criminal Appeal No. 38 of 2023) [2024] TZHC 563 (29 February 2024) Appellant’s rape conviction of a nine‑year‑old upheld; sentence substituted with mandatory life imprisonment. Criminal law – statutory rape of a child under ten – compliance with s127(2) Evidence Act for child witnesses; proof of penetration and age; minor inconsistencies and hearsay; cure of defective charge omitting mandatory sentencing provision under s388(1) CPA; substitution of sentence to mandatory life under s131(3) Penal Code.	29 February 2024
Deogratius Omary vs Trifaina Francis (Matrimonial Appeal No. 14 of 2023) [2024] TZHC 565 (29 February 2024) Division of matrimonial assets requires proof of contributions, recognises domestic work, and must consider the children’s needs. Matrimonial property – Division under Section 114 LMA – Contributions in money, property or work (including domestic work) – Appellate courts may receive additional evidence under s.21(1)(a) Magistrates' Courts Act – Children’s needs a material consideration in asset division.	29 February 2024
Dubai Isack Mbwilo v Revocatus Magezi (Misc Civil Application No.95 of 2023) [2024] TZHC 701 (29 February 2024) Applicant's medical incapacity found sufficient to justify extension to file certification application for appeal. Extension of time – application for certification on a point of law – Lyamuya guidelines – medical incapacity as sufficient cause – delay accounted for – diligence required.	29 February 2024
Elipa Aminael Macha2 (Misc. Civil Application No.500 of 2023) [2024] TZHC 560 (29 February 2024) Court granted discretionary extension to exhibit estate inventory and accounts where application was uncontested and procedurally compliant. * Probate law – Section 107 Probate and Administration of Estates Act – requirement to exhibit inventory and account within statutory timeframes; * Probate Rules – Form 80 and Rule 109 – procedural requirements for extension applications (chamber summons and affidavit); * Extension of time – discretionary relief granted where application is uncontested and procedure complied with.	29 February 2024
Emmanuel Makwasinga Vs BwanaAlly Ibrahim and 2 Others (Land Case No 15 of 2023) [2024] TZHC 615 (29 February 2024)	29 February 2024
Erick Isack Mushi Vs Director of Public Prosecution (Erick Isack Mushi Vs Director of Public Prosecution) [2024] TZHC 618 (29 February 2024)	29 February 2024
Exim Bank Tanzania Limited vs El Nasr Export & Import Co. Limited (Civil Case No. 129 of 2019) [2024] TZHC 582 (29 February 2024) Interpleader: registered owner confirmed; adjusted decree awards rent arrears to the fifth defendant; costs to be taxed. Civil procedure – Interpleader suit – competing claims to rent arrears; Title evidence – ownership of Plot No 747/39 established by certificate of title; Reliefs – adjusted decree in separate Land Case conferring entitlement to rents; Proof – insufficiency of third and fourth defendants’ evidence to establish entitlement; Costs – plaintiff and successful claimant entitled to taxed costs.	29 February 2024
Fasoni Alimajani Sanga vs The Republic (Criminal Appeal No. 84 of 2023) [2024] TZHC 739 (29 February 2024)	29 February 2024
Hadija Ally Rashid vs. Salehe Juma Mshauri & Six Others (Land Appeal no. 100 of 2023) [2024] TZHC 583 (29 February 2024) Appellant failed to prove ownership; appellate court upheld DLHT decision and dismissed the appeal. Land law — proof of title — burden on claimant and requirement of strict proof in land disputes; administratrix/probate appointment does not confer ownership or resolve title disputes; assessment of witnesses and possession as evidence of title; first appellate re-evaluation of DLHT findings.	29 February 2024
Hamis Joseph Dad Versus Halima Bushiri (Land Appeal No. 11 of 2023) [2024] TZHC 709 (29 February 2024)	29 February 2024
Hilary Kisinga Vs Republic (Criminal Appeal No 40070 of 2023) [2024] TZHC 616 (29 February 2024)	29 February 2024
Imakulata Sangana vs. Upendo Nyirenda (Land Case Appeal No. 26115 of 2023) [2024] TZHC 579 (29 February 2024)	29 February 2024
Innocent Malamsha vs. Sarah Makiluli & Four Others (Civil Case No. 15 of 2021) [2024] TZHC 562 (29 February 2024) A social welfare officer who uttered defamatory words outside official duty is personally liable and ordered to pay damages. Defamation — elements: defamatory words, reference to claimant, publication — qualified privilege for public officers in child-welfare inquiries — liability where defamatory words uttered outside official duty — assessment of damages where publication is limited.	29 February 2024
In the Matter of the Estate of the Late Ibrahim Misoji Ntembanda And In the Matter of the Application for the Letters of Administration by Happy Ibrahim Ntembanda And In the Matter of Application For Revocation by Sabina Sendama Ntembanda & 7 Others (Probate And Administration Cause No. 03 of 2023) [2024] TZHC 623 (29 February 2024) Letters of administration revoked for failure to obtain beneficiaries' written consent; Administrator General appointed to protect the estate. Probate — Revocation of letters of administration — Requirement for written consent of beneficiaries under Probate Rules (rule 39(f), rule 71) — Family meeting customary but not mandatory — Defective affidavit and failure to seek consent constitute ground for revocation under s.49(1)(c) PAEA — Appointment of Administrator General under s.49(2) where heirs are in conflict.	29 February 2024
Jefferson Philibert Bayekela (Administrator of Estate of the late Philibert Sweetbert Bayekela) vs Halifan Mussa Kayumbo & 2 others (Civil Appeal No. 48 of 2023) [2024] TZHC 610 (29 February 2024) Insurance disputes under TZS40,000,000 must first be referred to the Insurance Ombudsman; courts lack jurisdiction. * Insurance law – Insurance Ombudsman jurisdiction – Pecuniary threshold of TZS 40,000,000 – mandatory referral before court. * Statutory interpretation – "may" construed as mandatory in context of Section 123 Insurance Act. * Remedies – Ombudsman competence to determine bodily injury and death/funeral claims; role of guidelines. * Procedure – Extrajudicial forum exhaustion required; prohibition of legal representation consistent with Ombudsman’s purpose.	29 February 2024
Juma Egidio vs Paskalia Chipuzi (Land Appeal 17 of 2023) [2024] TZHC 967 (29 February 2024) Appeal dismissed; tribunal correctly found respondent lawful owner and appellant a trespasser, with costs. * Civil procedure – Appeals – Appellant cannot argue grounds not set out in memorandum of appeal without leave (Order XXXIX Rule 2 CPC). * Land law – Ownership – Evaluation of evidence and credibility determines competing land claims; burden on claimant to prove ownership on balance of probabilities. * Possession – Allegation of long cultivation/adverse possession must be pleaded and proved; unpleaded grounds not entertained. * Remedies – Appeal dismissed; costs awarded.	29 February 2024
Kayange Kineneke vs. The Republic (Criminal Appeal no. 25 of 2023) [2024] TZHC 580 (29 February 2024) A defective DPP certificate omitting the charging provision vitiated jurisdiction, nullifying conviction and prompting a retrial order. Economic offences — jurisdiction — transfer to subordinate court under s.12(3) and consent under s.26(1) of the Economic and Organized Crime Control Act — certificate/consent must refer to charging provision — omission renders certificate incurably defective and trial a nullity; retrial ordered.	29 February 2024
Lantaena Diyamet vs Tumaini N. Mnondwa (Civil Appeal No.13 of 2023) [2024] TZHC 603 (29 February 2024)	29 February 2024
Lavison Mponzi vs The Republic (Criminal Appeal No. 86 of 2023) [2024] TZHC 702 (29 February 2024)	29 February 2024
Mashaka Amos vs Republic (Criminal Appeal No. 3 of 2022) [2024] TZHC 750 (29 February 2024) The appeal is dismissed: the appellant’s rape conviction upheld as the under‑18 victim’s testimony, corroboration and cautioned statement proved the offence. Criminal law – Rape – Elements: age under eighteen and sexual intercourse; consent immaterial where victim is under 18 (s.130(2)(e)). Medical evidence – absence of bruises/sperm not fatal; perforated hymen admissible. PF3 timing – delay in filling explained and admissible. Cautioned statement – admissible and corroborative. Appellate review – trial court’s credibility findings and evaluation of defence upheld.	29 February 2024
Menasi Kihombo vs The Republic (Criminal Appeal No. 52 of 2023) [2024] TZHC 587 (29 February 2024)	29 February 2024
Method Muhimba vs The Republic (Criminal Appeal No. 73 of 2023) [2024] TZHC 700 (29 February 2024)	29 February 2024
Mohamed Juma Mbacho vs. The Republic (Criminal Appeal No. 108 of 2023) [2024] TZHC 606 (29 February 2024) Failure to hear the accused before destruction of perishable exhibits vitiates the inventory and defeats proof of unlawful possession. * Wildlife offences – unlawful possession of government trophy – proof requires admissible inventory/records where perishable exhibits are destroyed. * Disposal orders/Inventory Forms – perishable exhibits may be destroyed only after suspect is present and given opportunity to be heard; magistrate must record comments or note invitation to comment. * Procedural lapse in destruction vitiates inventory and defeats prosecution's ability to prove possession.	29 February 2024
MSK Refinery Ltd vs Attorney General and 2 others (Misc. Civil Application No. 1662 of 2023) [2024] TZHC 1041 (29 February 2024) Court restrained sale of mortgaged property pending adjudication, applying Atilio test and distinguishing status quo from status quo ante. Civil Procedure Code Order XXXVII r.1(a) – temporary injunctions and maintenance of status quo – Atilio v Mbowe criteria (serious question, irreparable injury, balance of convenience) – declaratory orders in lieu of injunctions where Government is party – distinction between status quo and status quo ante – restraint on sale of mortgaged property pending adjudication.	29 February 2024
NDERUMO SECURITY GUARD COMPANY LIMITED vs. EL HILAL MINERALS LIMITED (CIVIL APPEAL NO. 4 OF 2023) [2024] TZHC 1981 (29 February 2024)	29 February 2024
NKAMBA BUNDALA vs. THOMAS STEPHEN (LAND APPEAL NO. 23 OF 2022) [2024] TZHC 1982 (29 February 2024)	29 February 2024
Noel Msungu vs The Republic (Criminal Appeal No. 58 of 2023) [2024] TZHC 589 (29 February 2024)	29 February 2024
Platinum Credit Ltd vs Kelvin Yosia Mahava (Civil Appeal 4 of 2023) [2024] TZHC 599 (29 February 2024)	29 February 2024
Prisca Osca Mloka vs Valley Rafel Luanda (Civil Appeal No.32 of 2023) [2024] TZHC 699 (29 February 2024)	29 February 2024
Samwel Marko @Minja @Machangu vs Republic (Msc.Criminal Application No.30 of 2023) [2024] TZHC 586 (29 February 2024) Prisoner’s incarceration and lay status constituted good cause to extend time to file notice and appeal. Criminal procedure – section 361(1)(a),(b) and (2) CPA – extension of time to file notice and petition of appeal; Omnibus applications – permissible where prayers are related and arise under same provision; Prisoner litigant – incarceration and lack of legal knowledge as good cause for delay.	29 February 2024
Shinje James vs The Republic (DC Criminal Appeal No. 89 of 2021) [2024] TZHC 749 (29 February 2024) Appeal dismissed: prosecution proved statutory rape of a 13‑year‑old; cautioned statement properly admitted. Criminal law – Rape – elements of offence (age and penetration) – medical evidence (PF3) corroboration – identification/daylight – cautioned statement admissibility after inquiry – failure to cross‑examine amounts to acceptance – immaterial contradictions.	29 February 2024
Sifa Yusuph Martin versus Mwango Idd Maruzuku (Misc. Civil Application no. 127 of 2021) [2024] TZHC 558 (29 February 2024) Applicant failed to show sufficient cause for extension of time due to inconsistent and incomplete medical evidence. Extension of time — sufficient cause — applicant must account for each day of delay; medical evidence must be consistent and cover the delay period; failure to file counter‑affidavit admits factual averments; failure to file submissions tantamount to failure to prosecute.	29 February 2024
Suzana Mussa v Christina Shija (Land Appeal No 45 of 2023) [2024] TZHC 1065 (29 February 2024) Sale agreement found defective: consideration not properly paid, free consent lacking, and respondent had no legal standing. Contract law – validity of sale agreement – adequacy and proper receipt of consideration (Law of Contract Act ss.10,25); Free consent in contract formation (ss.10,14,19); Locus to sue – party, guardian or legal interest in property; Procedural error – enforcement of rights by non-party.	29 February 2024
Tausi Korongo vs. Nassoro Korongo (Land Appeal no. 13 of 2023) [2024] TZHC 2278 (29 February 2024) Procedural defects unproven and title disputed by defective documents; tribunal rightly found respondent owner; appeal dismissed with costs. Land law – registered title prima facie evidence of ownership but rebuttable by proof of irregularity; Civil procedure – signatures on recorded witness evidence not fatal absent demonstrated prejudice; Tribunal procedure – assessors' opinion may be given and read in open court and judgment may lawfully be pronounced on the same day.	29 February 2024
Tausi Korongo vs. Nassoro Korongo (Land Appeal no. 13 of 2023) [2024] TZHC 578 (29 February 2024) Procedural defects did not prejudice the applicant; registered title tainted by fraud justified respondent's ownership. Land disputes — procedural irregularities — chairman's endorsements on proceedings — assessors' opinions and timing of judgment — land registration — registered title as prima facie ownership subject to challenge where transfer tainted by fraud — evidential weight and Hemedi Saidi test.	29 February 2024
The DPP Versus Mohamed Ayoub @Maknojia and another (Misc. Criminal Application No. 09 of 2023) [2024] TZHC 710 (29 February 2024)	29 February 2024
Wenceslaus Ishengoma vs Mariagrace Wenceslaus Ishengoma & Another (miscellaneous Civil Application No.46 of 2023; Miscellaneous Civil Application No.46 of 2023) [2024] TZHC 594 (29 February 2024)	29 February 2024
Yela Kasalu and Another vs Pili Yahunja (Land Appeal No.26922) [2024] TZHC 1709 (29 February 2024) Appeal dismissed as time‑barred for filing beyond the 45‑day statutory limit; respondent awarded costs. Land Disputes Courts Act s41(2) – statutory 45‑day time limit to appeal – extension of time only for good cause – concession of lateness – appeal dismissed as time‑barred; costs awarded to respondent.	29 February 2024
Yohana Juma Msumule vs The Republic (Criminal Appeal No. 89 of 2023) [2024] TZHC 584 (29 February 2024)	29 February 2024
Yusuph Abraham Tweve vs The Republic (Criminal Appeal No. 78 of 2023) [2024] TZHC 588 (29 February 2024)	29 February 2024
Abdallah Bakari Hamis v. NMB PLC & Another (Land Case Appeal No. 08 of 2023) [2024] TZHC 485 (28 February 2024) Appeal dismissed as time-barred; no extension of time was granted by the High Court order of 03/03/2023. Land law — Appeals — Limitation periods — Whether an order dismissing a misconceived application amounts to grant of extension of time — No leave required to appeal DLHT to High Court (Sections 38(1), 41(1) Land Disputes Courts Act) — Appeal time-barred under Law of Limitation Act s.3(1).	28 February 2024
Abeli Mizizi vs Ernest Katucha (Land Appeal No. 23 of 2022) [2024] TZHC 498 (28 February 2024) Appellant failed to prove ownership; trial tribunal rightly preferred respondent’s long, corroborated possession and appeal dismissed. Land law – ownership dispute – burden of proof on balance of probabilities (s.110 Evidence Act) – credibility and consistency of witnesses – long possession as basis for protecting occupation (Shaban Nassor v. Rajab Simba) – appellate restraint on disturbing factual findings.	28 February 2024
Azim Alarakhia Hooda vs. Kassamali Habib Khimji (Misc. Civil Application No. 426 of 2023) [2024] TZHC 666 (28 February 2024) Court revoked an administrator's executorship after the respondent admitted inability to perform duties due to old age. * Probate and Administration – Revocation of executorship – Grounds: inability to perform duties due to old age – Unopposed application and admission by respondent – Court grants revocation.	28 February 2024
Director of Public Prosecution Vs Michael Raymond and Another (Criminal Appeal No 41 of 2023) [2024] TZHC 614 (28 February 2024)	28 February 2024
Hamza Abdallah vs Republic (Criminal Appeal 69 of 2023) [2024] TZHC 516 (28 February 2024) Appellant's appeal dismissed; conviction and life sentence for unnatural offence upheld despite expunged caution statement. * Criminal law – Unnatural offence – Proof of penetration and identity – Victim's testimony corroborated by medical evidence; conviction can rest on child victim's credible testimony. * Evidence – Proof of age – Birth certificate not essential where victim and parent testify. * Evidence – Voire dire under section 127(2) – Child's promise to tell the truth may suffice. * Evidence – Admission of caution statement – Improperly admitted exhibits may be expunged but conviction may stand on remaining evidence.	28 February 2024
Humphrey Construction Limited vs NMB Bank PLC (Civil Case No. 98 of 2023) [2024] TZHC 499 (28 February 2024) Objections on registry naming, misjoinder, cause of action and absence of board resolution dismissed; suit held competent. Civil procedure – competence of suit – High Court Registries Rules – District Registry vs Sub-registry – interpretation of rules; Civil procedure – joinder of parties – non-joinder/misjoinder of statutory manager; Pleadings – sufficiency of plaint to disclose cause of action; Company law – requirement of board resolution to institute suit – applicability where suit is against third party (Simba Papers precedent).	28 February 2024
Imran Ismail @Zombi & Two others vs. The Republic (Criminal Appeal No. 74 of 2023) [2024] TZHC 551 (28 February 2024) Convictions quashed where mandatory judgment requirements, uncorroborated statements and defective seizure procedures rendered the case unsafe. * Criminal law – Sufficiency of evidence – Reliance on uncorroborated cautioned statements; * Criminal procedure – Mandatory contents of judgment – compliance with section 312(2) CPA; * Evidence and procedure – Seizure of property – compliance with section 38(3) CPA and independence of seizure witnesses; * Conviction unsafe where procedural and evidential irregularities cumulatively vitiate the prosecution case.	28 February 2024