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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. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
8 judgments
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8 judgments
Citation
Judgment date
December 1994
Matayo Mzee vs Anael Aremu (Misc Civil Appeal No. 4 of 1993) [1994] TZHC 1020 (28 December 1994)
Applicant’s delay and lack of diligence meant Meru Church crisis and illness did not justify extension of time to appeal.
Civil procedure – extension of time to appeal – good cause and diligence required – delay unexplained where affidavits dated months after judgment – obtaining copy of proceedings imposes duty to act within 30 days.
 28 December 1994
Republic vs Miliya Olesukunda (Criminal Sessions Case No 40 of 1993) [1994] TZHC 727 (16 December 1994)
Evidence showed unlawful fatal punishment but insufficient proof of intent to kill, resulting in manslaughter conviction.
Criminal law – distinction between murder and manslaughter – necessity of proving malice aforethought; eyewitness credibility; unlawful corporal punishment by a parent leading to death; mitigation for first offender.
 16 December 1994
Aza Silas vs Republic (High Court Criminal Appeal No. 164 of 1974) [1994] TZHC 753 (6 December 1994)
Appellant's conviction quashed where evidence was thin and uncorroborated; failure to raise alarm insufficient to infer guilt.
Criminal law — Sufficiency of evidence; accomplice evidence — caution and need for corroboration; failure to raise alarm or name suspects not conclusive; misdirection by trial magistrate.
 6 December 1994
October 1994
Thomas K. Kassi vs Massambo Ng'adida (Civil Appeal No. 11 of 1993) [1994] TZHC 967 (12 October 1994)
Claim to recover house was time‑barred under the Limitation Act, so the appeal was dismissed with costs.
Limitation Act (No.10 of 1971) – Item 22 – actions for recovery of land/house must be commenced within 12 years; unexplained long delay bars claim; evidentiary burden to call key witnesses (custodian/vendor).
 12 October 1994
September 1994
Shabbir Karimjee and Others vs Attorney General and Others (Civil Case No. 33 of 1999) [1994] TZHC 779 (30 September 1994)
Whether the transfer of municipal rental properties to former owners was lawful and preserved tenants' security of tenure.
Property law — transfer of municipal housing from statutory housing authority to former owners — tenant security of tenure; civil procedure — locus standi; limitation (Limitation Act) — fraud-based claims; non-joinder of necessary party (National Housing Corporation); compliance with s.67 Civil Procedure Code for public/trust property.
 30 September 1994
August 1994
Lameck A. Massawe vs Republic (Criminal Appeal No. 84 of 1993) [1994] TZHC 922 (30 August 1994)
Conviction for receiving stolen cattle quashed where identification, possession and compensation were not properly proved.
Criminal law – cattle theft/receiving stolen property (s.311) – identification of exhibits – necessity of specific marks and reliable identification; corroboration required for evidence of interested witnesses/accomplices; compensation/order for costs must be proved and may require a separate civil action.
 30 August 1994
July 1994
Logolie Lengoisa vs Barare Kitesho (Civil Appeal No. 34 of 1991) [1994] TZHC 1090 (21 July 1994)
21 July 1994
March 1994
Gadite Shamghe vs Watli Akonaay (Bill of Costs No. 18 of 1993) [1994] TZHC 775 (15 March 1994)
A taxing officer may use inherent powers to reduce an unsupported/exaggerated bill of costs and award a reasonable taxed sum.
Costs — Bill of costs — Taxation — Unreceipted items and lack of explanation — Inherent powers of taxing officer to reduce excessive or unsupported claims — Effect of failure to pursue objections at hearing.
 15 March 1994