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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. 

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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
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556 judgments
Citation
Judgment date
February 2024
Vitus Kilapi vs Batista Kilapi (Misc. Land Application No. 26375 of 2023) [2024] TZHC 379 (22 February 2024)
Amendment to the Appellate Jurisdiction Act removed the need for leave to appeal High Court decisions; application for leave struck out.
Appeals — requirement for leave to appeal — Appellate Jurisdiction Act s.5 amended by Legal Sector Laws (Misc. Amendments) Act No.11/2023 — removal of leave requirement for High Court decisions in original/appellate/revisional jurisdiction — retrospective application of procedural amendments — application struck out.
 22 February 2024
Waryoba Malima vs Magesa Makaranga & 2 Others (Misc. Land Appeal No. 60 of 2022) [2024] TZHC 423 (22 February 2024)
Execution without specifying land size/description and without the original trial record renders the proceedings a nullity.
Land disputes — execution — requirement to specify size, location and demarcation of land in execution orders; executing tribunal must have and follow original trial record; proceedings and execution without requisite particulars or record are nullities; remedy is quashing and setting aside of affected orders and striking out appeals originating from such nullities.
 22 February 2024
Wilbard William vs Republic (criminal Application No 27 of 2023) [2024] TZHC 831 (22 February 2024)
22 February 2024
Amani Mambweta v. Gidion Morice (Misc. Application No. 62 of 2023) [2024] TZHC 544 (21 February 2024)
21 February 2024
Coronelius Bulisa vs Sospatery Samwel (Land Application No. 37 of 2023.) [2024] TZHC 837 (21 February 2024)
21 February 2024
Dao Bura vs The Republic (Criminal Appeal 3 of 2023) [2024] TZHC 348 (21 February 2024)
Trial court lacked jurisdiction due to defective EOCCA consent and certificate; retrial refused for insufficient evidence.
* Criminal procedure – EOCCA s.26 – Consent to prosecute – validity and enabling provision; effect of defective consent on jurisdiction. * Criminal procedure – Certificate conferring jurisdiction – necessity to cite enabling offence sections to clothe charges. * Evidence – disposal/inventory of perishable government trophy – compliance with PGO para 25 and requirement to hear accused. * Retrial – discretionary remedy – not ordered where conviction set aside for insufficiency of evidence or to allow prosecution fill gaps.
 21 February 2024
Deus Fwamba & 4 Others vs Audifasi Sunga (Misc. Land Application 14 of 2023) [2024] TZHC 396 (21 February 2024)
Applicants' leave application withdrawn after amendment removed leave requirement for civil appeals; amendment applies retrospectively.
* Appellate procedure – Legal Sector Laws (Miscellaneous Amendments) Act No.11 of 2023 – amendment of section 5 Appellate Jurisdiction Act – abolition of leave requirement for civil appeals to Court of Appeal. * Retrospectivity – procedural amendments – application to pending matters. * Civil procedure – withdrawal of application – overtaken by events – costs.
 21 February 2024
Ephraim Mwakititu & 2 Others vs Republic (Criminal Appeal No. 31 of 2023) [2024] TZHC 400 (21 February 2024)
Pleas were unequivocal after facts were read and admitted; forfeiture ordered at sentencing was valid and appeal dismissed.
Criminal procedure — plea of guilty — equivocal vs unequivocal plea — facts must be read and accused asked to admit or deny; Charge framing — particulars sufficient to disclose offence; Forfeiture — oral application at pre-sentencing permissible; section 392A interpreted as general procedural provision; right to be heard considered.
 21 February 2024
Hadija Hussein vs Yahaya Hussein (Land Appeal No. 54 of 2023) [2024] TZHC 554 (21 February 2024)
Failure to read and record assessors' written opinions vitiates tribunal proceedings and warrants quashing and remittal.
* Land Disputes Courts Act s.23 & Reg.19(2) – Assessors must give written opinions and those opinions must be read to parties before judgment. * Failure to request/receive/read/consider assessors' opinion vitiates proceedings. * Remedy: quash and remit for fresh judgment; unclear assessor involvement renders trial a nullity.
 21 February 2024
In the matter of the Estate of the Late Devota Nambi Kijogoo And In the Matter of the Application for the a grant of Probate by Florah Adam Kijogoo (Probate And Administration Cause No. 92 of 2020) [2024] TZHC 340 (21 February 2024)
A probate petition without the original death certificate and the mandatory rule 63(3) affidavit is incompetent and struck out.
Probate law — Death certificate requirement — Where original death certificate is unavailable rule 63(3) mandates an affidavit from an interment/cremation witness or a duly registered medical practitioner; non-compliance renders probate petition incompetent.
 21 February 2024
Maimuna Saidi vs Hassani Abdallah Hiba (Land Case Appeal No. 24 of 2023) [2024] TZHC 442 (21 February 2024)
21 February 2024
Maltichoice South Africa & 5 others vs Menina Abdulkarim Atiki (Civil Reference No. 4 of 2023) [2024] TZHC 566 (21 February 2024)
21 February 2024
Masunga Washa Migato vs Republic (Criminal Appeal No. 4982 of 2024) [2024] TZHC 11330 (21 February 2024)
Appeal allowed where GPS and expert trophy identification failed to prove offences beyond reasonable doubt.
* Wildlife law – admissibility of perishable exhibits – inventory form under s.101(1)(a) of the Wildlife Conservation Act. * Electronic evidence – GPS map/coordinates – admissibility, reliability and authenticity under s.18 of the Electronic Transactions Act. * Criminal onus – prosecution must prove arrest location within statutory park boundaries beyond reasonable doubt. * Expert identification – species/trophy identification requires scientific support (laboratory/DNA) for sufficient evidential weight. * Electronic case management – obligation to maintain complete digital case file and record interpreter’s profile.
 21 February 2024
Menina Abdulkarim Atiki vs Maltichoice South Africa (Misc. Land Application No. 27 of 2023) [2024] TZHC 567 (21 February 2024)
21 February 2024
Mike Gill (Previously Know as Nikhilal Buhecha) vs Mrundula Bipin Chandra Kamalia and 2 Others (Probate and Administration Cause No. 107 of 2022) [2024] TZHC 391 (21 February 2024)
21 February 2024
Msholo Habibu Suleiman vs Unicredit Microfinance Ltd (Misc. Civil Application No. 115 of 2023) [2024] TZHC 609 (21 February 2024)
Documented sickness and hospitalisation justified an extension of time to file an appeal; appeal to be filed within 21 days.
* Civil procedure — Extension of time — Requirements to show sufficient cause and to account for each day of delay; sickness and documented hospitalisation as acceptable grounds for extension. * Exercise of judicial discretion under section 25(1)(b) (Magistrates' Court Act) — need for arguable illegality and proof of cause.
 21 February 2024
MT. 84355 PTE Charles Emmanuel Mwampale vs Chief of Tanzania Peoples Defence Forces & Another (Civil Case No. 174 of 2023) [2024] TZHC 935 (21 February 2024)
High Court lacks jurisdiction over Defence Force employment claims where internal remedies under Defence Regulations were not exhausted.
Jurisdiction — military employment disputes — limitation of ordinary courts where special statutory forum exists; Defence Forces Regulations — requirement to exhaust internal administrative remedies (Reg.12.26) before judicial review; exclusion of Defence Force personnel from Labour Division jurisdiction under Employment and Labour Relations Act; preliminary objections on jurisdiction and non-exhaustion sustained.
 21 February 2024
Mussa Shabani Zorawanga vs Halima Hashimu Zorawanga (Civil Case No. 11 of 2023) [2024] TZHC 444 (21 February 2024)
An administrator's plaint with a distribution agreement and annexures disclosed cause, locus and jurisdiction; preliminary objections overruled.
Preliminary objections — disclosure of cause of action under Order VII r.1; locus standi of estate administrator; jurisdiction (land vs civil and pecuniary jurisdiction); sufficiency and timing of pleadings under Order VII r.1(e); reliance on annexures (distribution agreement, tenant notice).
 21 February 2024
Mwalu H. Dege vs Kitonka Medical Hospital (Civil Case No.134 of 2022) [2024] TZHC 433 (21 February 2024)
Court found the defendant's emergency surgery within acceptable medical standards; plaintiff not entitled to damages.
Medical negligence — standard of care (Bolam test) — emergency exploratory laparotomy — consent to surgery — bicornuate uterus misdiagnosis mimicking ectopic pregnancy — damages and costs.
 21 February 2024
Omary Shaban Nyambu Vs. Chief of Defence Force & 2Others (Misc. Application No. 35 of 2023) [2024] TZHC 472 (21 February 2024)
Availability of military grievance remedies does not automatically bar judicial review; preliminary objection dismissed and matter to proceed on merits.
Judicial review — prerogative orders (certiorari, mandamus, prohibition); military grievance procedures; National Defence Act; exhaustion of alternative remedies; preliminary objection — pure point of law vs. factual inquiry; court’s discretion to entertain judicial review despite alternative remedies.
 21 February 2024
Raphael Matiko Makolom vs Merengo Gesewani (Misc. Land Appeal 15 of 2023) [2024] TZHC 332 (21 February 2024)
An appeal directly from a ward tribunal to the High Court is incompetent; such appeals must go to the DLHT.
* Land law – Jurisdiction – Appeals from ward tribunals – Appeals lie to the District Land and Housing Tribunal, not directly to the High Court (Land Division) – Land Disputes Courts Act ss.38(1), 42. * Civil procedure – Overriding-objective cannot displace mandatory procedural provisions that go to jurisdiction. * Competence – Appeal struck out for improper appellate route.
 21 February 2024
Sadiki Juma Chando vs Republic (Criminal Appeal No 70 of 2023) [2024] TZHC 326 (21 February 2024)
Conviction quashed where material variance between charge and evidence and trial court failed to consider accused’s defence.
Criminal law – Statutory rape – proof beyond reasonable doubt; variance between charge and evidence; duty to consider accused’s defence; appellate interference where trial court misapprehends or omits material facts; admission and reading of PF3.
 21 February 2024
Salvina Selestine Ligambasi Versus Faustine Faustine Mahimbo (PC Matrimonial Appeal No 11 of 2023) [2024] TZHC 451 (21 February 2024)
21 February 2024
The Late Ahmed Hassan Diria and in the matter of application of time to file Inventory by Samira Ahmed Diria (Misc. Civil Application No. 600 of 2023) [2024] TZHC 807 (21 February 2024)
Extension of time granted to administrators to file probate inventory due to locating dispersed and unknown estate assets.
Probate – Extension of time to file inventory and account – Delay caused by locating dispersed and previously unknown assets – Sufficient reasons beyond administrators’ control – Extension granted with fixed deadline; no costs (unopposed, non-contentious).
 21 February 2024
TSN Supermarket Limited v The Board of Trustees of the National Social Security Fund (Misc. Civil Application No. 572 of 2023) [2024] TZHC 317 (21 February 2024)
Extension of time granted where delay was due to obtaining judgment copy, excluded under Limitation Act s19(2).
Extension of time; Law of Limitation Act s19(2) — exclusion of period for obtaining judgment copy; diligence in applying for documents and seeking legal advice; discretion to grant extension.
 21 February 2024
Yahaya Ally Mozzy v. Mariam Mustapha (Land Case Appeal No. 05 of 2023) [2024] TZHC 309 (21 February 2024)
Oral sale of a registered right of occupancy is ineffective; certificate of occupancy is conclusive and tribunal’s decision was quashed.
Land law – Disposition of right of occupancy – Requirement that contracts for disposition of right of occupancy be in writing and obtain Commissioner approval – Oral sale of registered/surveyed land ineffectual; Certificate of right of occupancy prima facie/conclusive evidence; adverse inference and burden of proof in civil cases; procedure in DLHT regarding counterclaims.
 21 February 2024
Yahaya Amri Mkuya v. Republic (Criminal Appeal No. 69 of 2023) [2024] TZHC 545 (21 February 2024)
21 February 2024
Aldo Hans Poppe & Others vs Equity Bank Tanzania Limited (Civil Case No.72 of 2022) [2024] TZHC 525 (20 February 2024)
Whether the mortgagee served statutory 60‑day notice before sale; court held notice served and sale lawful.
Mortgage law – section 127 Land Act (60‑day default notice) – Auctioneers Act public notice – bona fide purchaser protection under section 135 Land Act – remedy for irregular sale (section 134(4)) – civil standard of proof (balance of probabilities).
 20 February 2024
Aziza Juma Haji (As administratix of deceased estate Zuwena Majid Jafari) v. Dia Khalid (Civil Appeal No.28 of 2023) [2024] TZHC 628 (20 February 2024)
20 February 2024
Germanus Mayemba vs. Othumary (Misc. Land Aplication 31 of 2023) [2024] TZHC 759 (20 February 2024)
20 February 2024
In the Matter of the Estate of the Late Aisha Kadria Msoffe vs In the Matter of the Application for a Grant of Letters of Administration by Genard Peter Msoffe (Probate And Administration Cause No. 28119 of 2020) [2024] TZHC 341 (20 February 2024)
Letters of administration granted where petitioner proved intestacy, publication was made and no caveat was filed.
Probate — Grant of letters of administration — Intestacy — Publication of general citation in Gazette and newspaper — No caveat filed — Family meeting minutes as evidence of appointment — Requirement to file inventory and final accounts.
 20 February 2024
Mayungu Mufuru vs Charles Zacharia (Land Appeal No 82 of 2023) [2024] TZHC 836 (20 February 2024)
20 February 2024
Noah Msangile vs. Swilla Secondary School (Labour Revision 17 of 2024) [2024] TZHC 11308 (20 February 2024)
20 February 2024
Remigius Alphonce Msutta (administrator of the estate of the late Aphonce Msutta) vs Andrea Alphonce Msutta (administrator of the estate of the late Peter Alphonce Msutta) and Another (Land Appeal No. 24 of 2023) [2024] TZHC 1225 (20 February 2024)
Appellant failed to prove ownership; sale upheld and buyer treated as bona fide purchaser; appeal dismissed with no costs.
Land law – ownership dispute – burden of proof and balance of probabilities; bona fide purchaser for value; evidentiary proof of family ownership; role of village council in land disposal.
 20 February 2024
R vs Jamali Ramadhan Salehe (Criminal session No 36 of 2023) [2024] TZHC 788 (20 February 2024)
20 February 2024
Said Juma Ally vs. The Republic (Dc. Criminal Appeal No. 48 of 2023) [2024] TZHC 343 (20 February 2024)
20 February 2024
Sebastian Kapufi vs Republic (DC Criminal Appeal No. 06 of 2023) [2024] TZHC 305 (20 February 2024)
Child’s credible testimony corroborated by PF3 and other evidence upheld convictions for rape and unnatural offence.
* Criminal law – Sexual offences against a child – Rape and unnatural offence; child-victim evidence under section 127(6) Evidence Act – credibility and corroboration. * Medical evidence – PF3 admissibility – detection of bruises after five days. * Procedure – absence of caution statement on record – ground dismissed. * Evidence – effect of failure to cross-examine on crucial matters; delay in reporting explained by threats and age.
 20 February 2024
Uyui District Council & Attorney General v. Pachtec Company Limited (Land Case No. 05 of 2023) [2024] TZHC 307 (20 February 2024)
Respondent’s failure to obtain leave under Order XXXV deemed allegations admitted, warranting summary judgment for the applicant.
* Civil Procedure – Order XXXV – Summary procedure – Defendant’s failure to obtain leave to defend – Allegations deemed admitted under Order XXXV Rule 2. * Evidence – Party admission – Letter acknowledging indebtedness supports summary judgment. * Relief – Decretal sum, interest at court rate, and costs where defendant fails to defend under summary procedure. * Extension of time – Applicant must show good cause; mere absence of a director is insufficient.
 20 February 2024
Wakibara Wambura vs Consolata Chacha (Misc. Civil Application No. 27687) [2024] TZHC 427 (20 February 2024)
Court refuses certificate to appeal on propriety of costs awarded after quashing and remitting lower court judgment.
Civil procedure — Certification of point of law — When High Court should certify point of law to Court of Appeal — Certificate reserved for serious, novel or jurisdictional issues; propriety of awarding costs after quashing and remitting lower court judgment; suo motu errors by court vis-à-vis costs orders.
 20 February 2024
Agness Samwel Samson/Magdalena Ghati vs Daniel Chaina /Daniel Joseph Makolele (Civil Appeal 26253 of 2023) [2024] TZHC 289 (19 February 2024)

Constitutional law - Natural Justice - Right to be heard - Whether the Learned trial magistrate acted irregularly and illegally by raising an issue while composing his ruling without according parties right to address the issue

Family law - Marriage Conciliation Board - Jurisdiction - whether the ward conciliation board has jurisdiction to hear parties who contracted Christian marriage

 19 February 2024
Augustino Godfrey & Another vs Republic (Criminal Appeal 130 of 2023) [2024] TZHC 298 (19 February 2024)
19 February 2024
Bryson Kabungo vs Republic (Criminal Appeal 90 of 2023) [2024] TZHC 297 (19 February 2024)
19 February 2024
DB Shapriya & CO. Limited vs NCBA Bank Tanzania Limited Formerly known as Commercial Bank of Africa (TANZANIA) Limited (Civil Case No. 179 of 2022) [2024] TZHC 302 (19 February 2024)
The respondent was justified in freezing the applicant’s account; the applicant failed to prove the prohibitory notices illegal or damages.
Banking law – Account freezing/prohibitory notices – legality of prohibitory notices from Attorney General/DPP; Burden of proof – applicant must prove notices illegal and causation; Civil procedure – parties bound by pleadings; Submissions are not evidence; Joinder/non-joinder – cannot condemn non-party without hearing (Order I r.9 referenced).
 19 February 2024
DPP vs Castory Emmanuel Masesa (Criminal Appeal No. 61 of 2023) [2024] TZHC 330 (19 February 2024)
Appellant’s appeal dismissed: prosecution failed to prove stealing by agent; acquittal of the respondent upheld.
Criminal law – stealing by agent – elements: entrustment and intention to permanently deprive – burden of proof on prosecution – accused’s admission of possession not equivalent to admission of offence – evaluation of evidence and fresh scrutiny on first appeal.
 19 February 2024
DP Shapriya & Company Limited vs El - Malick Abood t/a Santana Investment Limited & Another (Consolidated Civil Review No. 32 & 38 of 2023) [2024] TZHC 434 (19 February 2024)

Civil Procedure – Execution - Bill of Costs

Constitutional Law – Fundamental Rights and Freedoms - Right to be Heard

 

 19 February 2024
Elizabeth Mesomapya vs Mabwanyi Msenzi (Miscellaneous Land Application No. 58 Of 2023) [2024] TZHC 296 (19 February 2024)
Court granted extension of time to appeal due to applicant's mental illness, active pursuit of rights, and delay obtaining legal assistance.
* Civil procedure – extension of time – applicant must account for delay and show sufficient/good cause. * Medical incapacity – mental illness can constitute sufficient cause preventing timely action. * Pursuit of rights – time spent litigating an appeal (even if later struck out) may amount to sufficient cause. * Discretionary relief – court exercises its power under section 14(1) Law of Limitation Act and relevant authorities. * Delay in securing legal assistance can be a relevant factor in granting extension of time.
 19 February 2024
Experansia Octavius vs Salum Absolom (Misc. Criminal Application No. 61 of 2023) [2024] TZHC 331 (19 February 2024)
Evidential complaints and recent-possession issues were factual, not points of law; certification refused and application dismissed.
* Appellate procedure – certification under s.6(7)(b) Appellate Jurisdiction Act – duty of High Court to scrutinise and certify only genuine points of law. * Distinction between questions of law and questions of fact – Agnes Severini principle – evidential sufficiency is factual. * Criminal law – doctrine of recent possession of stolen property – where resolution requires re-examination of evidence, it is factual, not a pure point of law.
 19 February 2024
Hadija Michael vs. Rahma A. Nzungi (Land Appeal No. 3 of 2023) [2024] TZHC 287 (19 February 2024)
Irregular composition and defective record-keeping vitiated Ward Tribunal proceedings, so both tribunal decisions were quashed.
Land law — Ward Tribunal composition and quorum — mandatory recording of members and gender — effect of non-compliance on jurisdiction; Written Laws (Misc. Amendments) Act No.3/2021 — retrospectivity — procedural vs substantive effect; Revisional jurisdiction of District Land and Housing Tribunal — scope under s.36; High Court revisional powers under s.43(1)(b).
 19 February 2024
Jackson Naiko vs The Republic (Criminal Appeal 73 of 2023) [2024] TZHC 304 (19 February 2024)
Appellate court upheld incest conviction: complainant's credible testimony and corroboration proved penetration; minor contradictions and a wrongful date in judgment were curable.
* Criminal law – Offence of incest by male – elements: familial relationship and sexual intercourse (penetration however slight). * Evidence – sexual offences – complainant's testimony as best evidence; minor inconsistencies do not necessarily undermine the prosecution. * Medical evidence – PF3 showing 'penetration likely' is corroborative but cannot alone identify the perpetrator. * Criminal procedure – erroneous facts in judgment (date) are curable under section 388 CPA if no failure of justice. * Appeal – appellate court duty to re-evaluate evidence and consider accused's defence when trial court omitted it.
 19 February 2024
Japhet Betwel @ Palanjo Vs. The Republic (Criminal Application No 05 of 2024) [2024] TZHC 356 (19 February 2024)
Extension of time to file appeal granted due to incarceration-related inability to access judgment, applicant given 30 days.
Criminal procedure – Extension of time to appeal – Delay due to incarceration and prison transfer – Accessibility of judgment and proceedings as sufficient cause for extension – Unopposed application; court’s discretionary grant and time fixed for filing appeal.
 19 February 2024