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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
Josephat Lasudi Jagila Nshashi and Another Vs Doto Akida Mzee (Civil Appeal No 25 of 2023) [2024] TZHC 284 (14 February 2024)
14 February 2024
Juma Miraji Kuvumba vs The Republic (Criminal Appeal No. 45 of 2023) [2024] TZHC 439 (14 February 2024)
14 February 2024
Kera Komeyo Makeseni & Others vs Kilimanjaro Regional Commissioner & Another (Miscellaneous Civil Application No. 2 of 2023) [2024] TZHC 237 (14 February 2024)
No formal declaration by the Regional Commissioner was found; certiorari and prohibition dismissed for lack of an order to quash or prohibit.
Administrative law – judicial review – certiorari and prohibition – requisites for remedies where no extant decision exists; Electronic evidence – admissibility and authentication under the Electronic Transactions Act (flash disk accepted, public links treated as unreliable); Regional Administration Act – powers of Regional Commissioner to inform and maintain law and order; land law – re-affirmation of boundaries where Right of Occupancy granted to airport authority.
 14 February 2024
Makoa Farm Limited & Others vs Uduru Makoa AMCOS (Consolidated Misc. |Applications No. 20/23 of 2022) [2024] TZHC 282 (14 February 2024)
Applicants showed a triable lease dispute but failed to prove irreparable harm; both interim applications dismissed.
* Civil procedure – interim injunction – requirements: prima facie case, irreparable harm, balance of convenience – adherence to pleadings and inadmissibility of new facts raised only in submissions. * Civil procedure – status quo ante – distinct from injunction; must not determine merits or be ambiguous in scope. * Lease disputes – injunctions and restrictive orders pending trial.
 14 February 2024
Mbarikiwa Mwakipesile vs Republic (Criminal Appeal 164 of 2023) [2024] TZHC 230 (14 February 2024)
14 February 2024
Mchele Marco Misalaba v Mipa Co.Ltd & 3 Others (Land Case No. 44 of 2023) [2024] TZHC 214 (14 February 2024)
A purchaser's bona fide status cannot be resolved on pleadings alone; preliminary objection dismissed and trial ordered.
Civil procedure — Preliminary objection — Whether the plaint discloses a cause of action against a purchaser; Property law — Mortgage sale by auction — Bona fide purchaser for value — Protection under s.135 Land Act requires evidential determination at trial; Pleadings and annexures may raise triable issues on authenticity of sale price.
 14 February 2024
Meki Kasembe Kidevu vs. The Republic (DC Criminal Appeal 50 of 2023) [2024] TZHC 224 (14 February 2024)
14 February 2024
Phoenix of Tanzania Insurance Company Limited vs Jilala Julius Kakenyeli & Another (Misc Civil Application No. 28537 of 2023) [2024] TZHC 435 (14 February 2024)
High Court cannot lift garnishee orders or stay execution while a notice of appeal and appeal are pending.
* Civil procedure – Execution – Garnishee Order Nisi – lifting a garnishee order is tantamount to stay of execution and part of execution process. * Jurisdiction – Effect of notice of appeal/pending appeal – High Court cannot grant stay-related execution relief once appeal is pending at the Court of Appeal. * Extension of time – Court will refuse extension where the relief sought would be futile or an abuse of process.
 14 February 2024
Rahim Mwanaki vs Karagwe District council and another (Civil Case 7 of 2023) [2024] TZHC 830 (14 February 2024)
14 February 2024
Rahim Mwanaki Vs Karagwe District Council and another (Civil case NO 7 OF 2023) [2024] TZHC 11109 (14 February 2024)
14 February 2024
Ramadhani Sesabo @ Wankyo vs The Republic (Criminal Appeal No. 90 of 2024) [2024] TZHC 274 (14 February 2024)
Non-compliance with child-witness formalities, unread PF3, and broken DNA custody made the conviction unsafe and was quashed.
Evidence Act s.127(2)  child of tender age must promise to tell the truth before giving unsworn evidence; Documentary exhibits  admitted documents must be read out in court or risk expungement; Forensic evidence  chain of custody and identification essential for admissibility of DNA reports; Criminal appeals  expungement of key evidence may render sexual-offence convictions unsafe.
 14 February 2024
Republic v. Dalala John Dolfu (Criminal Session No. 07 of 2023) [2024] TZHC 642 (14 February 2024)
14 February 2024
Republic v. Hashimu Mohamed Mponda (Criminal Session No. 28 of 2023) [2024] TZHC 643 (14 February 2024)
14 February 2024
Republic v. Mashaka Yaumi Juma (Criminal Session No.33 of 2023) [2024] TZHC 644 (14 February 2024)
14 February 2024
Republic v. Msafiri Nasibu Salum (Criminal Session No. 06 of 2023) [2024] TZHC 641 (14 February 2024)
14 February 2024
The Board of Trustees of the National Social Security Fund, The Attorney General vs C. F. Bay Resort Limited (Civil Case No. 20114 of 2024) [2024] TZHC 11286 (14 February 2024)
The defendant held liable for unpaid NSSF contributions, statutory penalties, interest and costs for failing to remit contributions.
Social security law — Employer's duty to remit NSSF contributions; Sections 11(6), 12(1), 14(1)–(3) NSSF Act — Penalties for late remittance; Ex parte proceedings after default; Recovery of principal, statutory penalties, interest and costs.
 14 February 2024
Trifon Kazungu & 7 Others v Boniphace Nugaji Kachimu (Misc. Civil Application No.116 of 2023) [2024] TZHC 215 (14 February 2024)
Affidavit containing hearsay and lacking personal-knowledge grounds was expunged and extension application struck out with costs.
Civil Procedure — Affidavit — Order XIX r.3(1),(2) — deponent’s personal knowledge; Hearsay — expunging affidavit paragraphs recounting events absent the deponent; Extension of time — supporting affidavit must contain proper grounds; Application incompetent and struck out with costs.
 14 February 2024
Administrator General vs Hamza Abeid Uweje (Misc. Civil Application No. 25485 of 2023) [2024] TZHC 523 (13 February 2024)
Applicant granted six-month extension to file estate inventory and accounts after heir disputes and title issues were resolved.
* Probate law – extension of time to file inventory and accounts – s.107(2) Probate and Administration of Estates Act – sufficiency of cause (heir disputes; title defects) – ex parte application.
 13 February 2024
Adolphina Massaba & Another vs Henry Sato Massaba (Civil Review No. 5 of 2023) [2024] TZHC 937 (13 February 2024)
Closure of a probate cause without filing required accounts is an error apparent on the record warranting review.
* Civil procedure — Review — Section 78 and Order XLII CPC — error apparent on the face of the record. * Probate law — Requirement to file inventory and accounts before closing a probate cause — section 107, Probate and Administration of Estates Act. * Review vs merits — Manifest record errors are remedyable by review; substantive allegations of fraud/facts to be determined in probate proceedings. * Relief — Setting aside closure and restoration of probate cause for filing of accounts.
 13 February 2024
AL ADAWI COMPANY LIMITED V TIB DEVELOPMENT BANK & ANOTHER (Misc. Civil Application No. 43/2023) [2024] TZHC 2170 (13 February 2024)
A temporary injunction cannot be granted against the Government and the applicant company needed a board resolution to sue.
Civil procedure – temporary injunction – Order XXXVII Rule 1 proviso – injunctions not to be granted against the Government; declaratory relief available. Company law – requirement of board resolution or general authorization for a company to institute proceedings – failure to plead/attach resolution renders proceedings incompetent.
 13 February 2024
Charles Juma Charles vs Bhati Ambyesile Mwakasanga (Misc. Civil Application No. 25545 of 2024) [2024] TZHC 342 (13 February 2024)
13 February 2024
CRDB Bank PLC vs Kilimanjaro Sar Limited and 2 Others (Civil Case No. 05 of 2023) [2024] TZHC 278 (13 February 2024)
Directors held jointly and severally liable under guarantee for corporate loan default; plaintiff awarded principal, interest, damages and costs.
* Commercial finance – Loan facility and security – validity and enforcement of Facility Agreement and Directors’ Guarantee; default and demand. * Civil procedure – substituted service and ex parte proceedings. * Remedies – joint and several liability of guarantors; pre-judgment contractual interest; post-judgment interest limited by Order XXI r.21; award of general damages and costs.
 13 February 2024
Gilbert Mwananzila vs Edward Kumbakumba (Land Case 7 of 2023) [2024] TZHC 240 (13 February 2024)
Plaintiff failed to prove title to 162-acre farm; defendant not a trespasser; Ward Tribunal boundaries must be respected.
Land law – proof of ownership on balance of probabilities; trespass – previous criminal acquittal and locus visit; respect and enforcement of Ward Tribunal boundaries; costs where claimant fails to prove title.
 13 February 2024
Hassan Musa Ngwega v. Athumani Pandiza Nassoro (Land Appeal No.128 of 2023) [2024] TZHC 203 (13 February 2024)
13 February 2024
HTT INFRACO LTD v. Francis Francis & 2 others (Misc. land Application No. 38 of 2022) [2024] TZHC 308 (13 February 2024)
A settlement recorded without affected parties' participation or vacating an ex parte order violates natural justice and is void; matter remitted.
* Land law – recording of settlement deeds – requirements for lawful settlement: negotiation, consent and signature by affected parties (Order XXIII, Rule 3 CPC). * Revisionary jurisdiction – High Court may correct tribunal proceedings where errors are material to merits and involve injustice (s.43(1)(b) LDCA). * Natural justice – right to be heard; orders made in flagrant breach are void ab initio. * Procedure – effect of failing to vacate prior ex parte order and of changing presiding judicial officer without reasons (Order XVIII, Rule 10 CPC). * Enforcement – unauthorized signing by counsel and absence of party participation renders deed unenforceable.
 13 February 2024
John Nyakitebe vs. Giveness Adriano (PC Criminal Appeal No. 13 of 2023) [2024] TZHC 1052 (13 February 2024)

Criminal Procedure – Pleas – Equivocal Plea

Constitutional Law – Fundamental Rights and Freedoms – Right to Appeal

 

 13 February 2024
Joseph Jovitha v Republic (Misc Criminal Application 49 of 2023) [2024] TZHC 771 (13 February 2024)
Prisoners' misplacement of appellate documents by prison officers can constitute "good cause" for extending time to appeal.
* Criminal procedure – extension of time to appeal – when first appeal struck out for being time-barred the prospective appellant may apply for extension of time. * Prisoners’ appeals – s.363 CPA – prison officers entrusted with appeal documents; delay or mishandling by them can constitute "good cause" under s.361(2). * Authorities: Moroga Mwita Moroga v R; Francis Petro v R; Mohamed Shango v R; Msafiri Emanuel v R; Sospeter Lulenga v R.
 13 February 2024
Maria Fumbuka vs Ikumbo Manambali (Misc. Land Application No.71 of 2023) [2024] TZHC 6178 (13 February 2024)
Application for leave to appeal in a land matter rendered redundant by 2023 amendment and struck out for want of prosecution.
Appellate procedure – leave to appeal – s.5(1) Appellate Jurisdiction Act amended by Misc. Amendment Act 2023; land appeals; redundancy of application; want of prosecution; striking out and costs.
 13 February 2024
Mawazo Kanyanzila @Julius vs Republic (Criminal Appeal No. HC/GTA/CRM/APP/41191/2023) [2024] TZHC 1248 (13 February 2024)
An appeal is incompetent where the notice and petition of appeal are filed in different registries and no valid notice supports the petition.
* Criminal procedure – Notice of appeal – Notice initiates appeal and petition must follow at same registry – Sections 359 and 361 CPA. * Jurisdiction/Registry – Effect of establishment of new High Court (Geita) – filings made before establishment invalid. * Competence – Filing notice and petition in different registries renders appeal incompetent.
 13 February 2024
Mawazo Kanyazila@Julius vs Republic (Criminal Appeal NO. 41191 of 2024) [2024] TZHC 294 (13 February 2024)
Notice and petition must be filed at the same registry; petition in Geita without notice there rendered appeal incompetent.
Criminal procedure — Notice of appeal — notice must be given within ten days and petition within forty-five days — notice initiates appeal — petition must be filed at same registry as the notice — effect of establishment of new High Court on previously filed notices.
 13 February 2024
Mohamed Gahir v Safia Ahmed Okash and Another (Land Appeal No. 198 of 2022) [2024] TZHC 431 (13 February 2024)
13 February 2024
Moya Luminu v. Serikali ya Kijiji cha Chamalendi & 2 Others (Land Case No. 12 of 2022) [2024] TZHC 292 (13 February 2024)
Plaintiff failed to prove ownership of disputed land; claim dismissed and village not found to have trespassed.
Land law – proof of ownership; burden of proof in land disputes; admissibility of secondary evidence; village land vested as public land; MFUMAKI programme and compensation; necessity of proper demarcation and documentary proof for immovable property claims.
 13 February 2024
Nixon Bandago Haule versus Airtel (T) Plc & 2others (Misc. civil Application no. 209 of 2023) [2024] TZHC 212 (13 February 2024)
Court set aside dismissal where counsel’s sudden criminal-session summons constituted good cause for non-appearance.
Civil procedure – setting aside dismissal for non-appearance – Order VIII r.20(2) CPC; good and sufficient cause; advocate summoned to criminal sessions; professional duty to inform court; judicial discretion to restore suit.
 13 February 2024
Nsulwa Kiyaya and Another vs Minga Kisena (Misc. Land Application No.63 of 2023) [2024] TZHC 465 (13 February 2024)
13 February 2024
Nuruana Hayuma vs Emanuel Damiano & Another (Misc. Civil Application 28595 of 2023) [2024] TZHC 210 (13 February 2024)
Execution of an ex‑parte decree while a set‑aside application is pending is irregular and will be set aside.
Land law – Execution of ex‑parte decree pending set‑aside application – Tribunal’s case management and procedural fairness; Res‑subjudice – applicability requires directly and substantially identical issues; High Court revision – power to nullify execution where irregularity causes injustice.
 13 February 2024
Ramadhani Abdi vs Emmanuel Martin Shuma (Miscellaneous Civil Application No. 23 of 2023) [2024] TZHC 283 (13 February 2024)
An applicant cannot obtain extension in the same court after an earlier leave application was struck out as time-barred.
* Appellate procedure – extension of time – competence after prior dismissal: where a leave application was struck out as time-barred, the same court cannot entertain a fresh extension application; review or appeal are proper remedies. * Limitation law – dismissal/strike-out for being out of time operates as a conclusive determination under the Limitation Act. * Extension of time – applicant must account for each day of delay; sickness needs medical evidence showing effect; alleged illegality must be apparent on the face of the record.
 13 February 2024
Salum Athuman @ Hassan vs Republic (Criminal Appeal 52 of 2022) [2024] TZHC 238 (13 February 2024)
Conviction for unlawful possession of ammunition upheld where appellant led police to bullets and did not object to exhibits.
Criminal law — Unlawful possession of ammunition — proof beyond reasonable doubt; admissibility of cautioned statements — failure to object presumed voluntary; seizure procedure and independent witness; chain of custody of exhibits.
 13 February 2024
Samson Juma vs The Republic (Criminal Application No.1650 of 2024) [2024] TZHC 228 (13 February 2024)
13 February 2024
Abdulrahman Malick Mugala versus Tina Kassim Mohamed (Civil Appeal no. 143 of 2023) [2024] TZHC 211 (12 February 2024)
No denial of fair hearing where parties were given chance to be heard and chose to add nothing; appeal dismissed.
Constitutional right to fair hearing – affidavits as substitute for oral evidence – parties must be afforded opportunity to be heard but may elect to say nothing; exercise of discretion to grant extension of time; sanctity of court record.
 12 February 2024
Abdulrahman Malick Mugala v Tina Kassim Mohamed (Civil Appeal No. 143 of 2023) [2024] TZHC 208 (12 February 2024)

Civil Procedure – Discretion of the Court - Extension of time

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

 

 12 February 2024
Constantine Gedalia vs Kagera Sugar Limited (Labour Revision No. 6 of 2023.) [2024] TZHC 835 (12 February 2024)
12 February 2024
Costantine Gedalia vs Kagera Sugar Limited (Labour Revision No. 6 of 2023) [2024] TZHC 204 (12 February 2024)
Labour revision struck out for failure to comply with mandatory Rule 24 filing requirements.
* Labour Court Rules 2007, Rule 24 – mandatory requirements: notice of application, chamber application, and affidavit setting facts, legal issues and reliefs. * Procedural compliance – failure renders proceeding incompetent. * Incompetent proceedings – cannot be adjourned or withdrawn; remedy is striking out.
 12 February 2024
Doris Katole Versus Abdalah Chuma (PC. Civil Appeal No. 27 of 2023) [2024] TZHC 591 (12 February 2024)
First appellate court must re-evaluate evidence under s.21(1)(b) instead of remitting where omission causes miscarriage of justice.
* Magistrates' Courts Act, s.21(1)(b) – appellate powers – duty to re-evaluate evidence and substitute or vary lower court orders. * Civil procedure – remit vs decide – when first appellate court should step into trial court’s shoes. * Matrimonial property – requirement for clear identification and evidence of property to be divided; failure to specify causes uncertainty and miscarriage of justice. * Procedural irregularities – omissions in judgment – grounds for appellate intervention.
 12 February 2024
Euro Commercials Limited vs Bank of Africa (T) Limited & 3 Others (Civil Case No. 150 of 2021) [2024] TZHC 187 (12 February 2024)
Applicant's challenge to seizure and sale of secured crane fails; respondent's counter-claim for arrears and interest upheld.
Security enforcement – asset financing – default and expiry of agreed grace period – seizure and sale of charged movable; compliance with procedural notice and publication requirements; appointment of receiver-manager; bona fide purchaser doctrine; counter-claim for arrears and interest; parties bound by pleadings.
 12 February 2024
Isaya Isack Nyange vs Republic (Criminal Appeal No. 47 of 2023) [2024] TZHC 279 (12 February 2024)
Conviction for unnatural offence upheld but life sentence quashed for failure to apply section 160B to an 18‑year‑old offender.
Criminal law – Unnatural offence – sufficiency of victim’s evidence and medical report; Evidence Act s.127(2) – child witness promise/oath and curable irregularities; Criminal procedure – variance between charge and evidence (age/date/place) – when minor discrepancies are not fatal; Sentencing – Penal Code s.160B – sentencing limits for an offender aged 18 at time of offence; Appeal – conviction sustained, sentence quashed.
 12 February 2024
Jonathan Shedrack Lyimo vs Alex Makombo (Misc. Land Case Application No. 45 of 2023) [2024] TZHC 268 (12 February 2024)
Applicant failed to account for delay; administrative letters do not exclude time and alleged illegality was not apparent, so extension denied.
Civil procedure — extension of time; applicant must account for each day of delay; administrative letters to Judge do not amount to proceedings bonafide in court; illegality grounds justify extension only if apparent on face of record.
 12 February 2024
Judith Gratianus Komba vs Corporate Insurance Brokers Limited (Labour Revision No. 10 of 2023) [2024] TZHC 269 (12 February 2024)
Court set aside CMA award, finding termination unlawful and awarding salary arrears from suspension until lawful termination or full payment.
Employment law – suspension pending investigation – entitlement to full remuneration during suspension where investigation was not concluded – failure to comply with GN No. 42/2007 (Code of Good Practice) procedural requirements – ex parte disciplinary hearing and lack of proof of summons – review and set aside of CMA award.
 12 February 2024
Kishegena Transport Ltd vs Azania Bank and Others (Civil Case No 2 of 2023) [2024] TZHC 234 (12 February 2024)
Commercial Division forum clause does not oust High Court jurisdiction, but absence of company board resolution warranted striking out the suit.
* Civil procedure – jurisdiction – forum selection clause referring disputes to High Court (Commercial Division) – effect on ordinary High Court jurisdiction. * Companies – capacity to sue – necessity of board resolution authorising institution of proceedings – pleadings must show such authorization. * Interpretation of High Court (Commercial Division) as a rules-based division, not a statutory court with power to oust general High Court jurisdiction.
 12 February 2024
Kornel Kidungu vs. Crispinus Kidungu (Misc Land Appeal 17 of 2022) [2024] TZHC 225 (12 February 2024)
12 February 2024
Lena Joel Rwehabura v. NMB PLC and 3 Others (Land Appeal 50 of 2023) [2024] TZHC 199 (12 February 2024)
Applicant failed to plead a cause of action against respondents, though the tribunal does have jurisdiction over mortgage-related disputes.
Land law — Mortgage disputes — jurisdiction of District Land and Housing Tribunal over mortgaged property and auction notices (s.167(1)(c) Land Act); Civil Procedure — Requirement to plead cause of action (Order VII r.1(e) CPC; Reg. 3(2)(c) GN No.174/2003); Preliminary objections — points of law must be based on pleadings; Parties bound by their pleadings; Reliefs must flow from disclosed cause of action.
 12 February 2024