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

12 judgments

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12 judgments

Citation	Judgment date
October 2003
Sonbay Ibrahim vs Alex Clowis Kawishe (PC Civil Appeal No. 6 of 2000) [2003] TZHC 356 (31 October 2003) A beneficiary may validly sell his inherited share and convey title despite absence of probate or appointment of an administrator. Succession and land sale – beneficiary’s right to sell inherited share; effect of absence of probate or administrator on validity of sale; executor de son tort inapplicable; purchaser’s acquisition of lawful title; joint ownership disbanded by heirs’ distribution.	31 October 2003
Sonbay Ibrahim vs Alex Clowis Kawishe (PC Civil Appeal No. 6 of 2000) [2003] TZHC 358 (31 October 2003) Heir’s sale of his share in a deceased’s estate valid despite no probate; purchaser declared lawful owner. Land law – sale by heir of deceased’s estate; capacity and title to sell despite lack of probate; executor de son tort inapplicable; informal distribution and co-heirs’ consent.	31 October 2003
Ruth Loilang'waki vs Adolf Mshana (Civil Appeal No. 6 of 2003) [2003] TZHC 119 (30 October 2003) Appeal allowed: ex parte judgment and eviction quashed for improper service, procedural irregularities and denial of fair hearing. Civil procedure — Ex parte judgment — setting aside — time limitation and when time runs (awareness) — adequacy of service of process — procedural fairness and judicial bias — execution of judgment and eviction — remedy: quashing and rehearing inter partes.	30 October 2003
Angela G. Msawa vs Arusha Plant Manager, Tanzania Breweries Ltd (MiscCivil Application No. 26 of 1999) [2003] TZHC 583 (29 October 2003) Employer who refuses ministerial reinstatement must pay statutory compensation under section 40A(5)(b), not full claimed back-pay and allowances. Employment law – enforcement of ministerial reinstatement order – refusal to comply attracts statutory compensation under s.40A(5)(b) Security of Employment Act – scope of remedies (no automatic award of full back wages and allowances) – failure to prosecute judicial review undermines delay in compliance.	29 October 2003
Angela G. Msawa vs Arusha Plant Manager, Tanzania Breweries Ltd (Misc. Civil Application No. 26 of 1999) [2003] TZHC 650 (29 October 2003) Employer refusing Ministerial reinstatement order must pay statutory compensation including twelve months’ wages; other allowance claims denied. Labour law – enforcement of Ministerial reinstatement order – employer’s refusal – section 40A(5)(b) Security of Employment Act 1964 (as amended) – liability to statutory compensation plus twelve months’ wages – extraneous allowance claims disallowed.	29 October 2003
Nderingo Sangito vs Tadayo Ndewario ((PC) Civil Appeal No. 35 of 2002) [2003] TZHC 123 (29 October 2003) Appellate court upheld concurrent factual findings on land ownership, deferring to trial credibility findings and locus visit. Land law – ownership dispute over 1½ acre – factual findings and credibility of witnesses – appellate review limited where findings are not manifestly unreasonable. Evidence – locus in quo inspection supports trial court credibility assessments. Civil procedure – appellate judgment compliance with Rule 16 (GN 312/64).	29 October 2003
Shila Sindano Msengi vs Republic (Criminal Appeal No. 28 of 2002) [2003] TZHC 270 (29 October 2003) Appeal dismissed where evidence proved appellant had no lawful right to possession of the disputed land. Criminal appeal — unlawful possession of land (s.86 Penal Code) — sufficiency of evidence to prove lack of lawful right — failure to prosecute appeal; dismissal of appeal on merits.	29 October 2003
Shila Sindano Msengi vs Republic (Criminal Appeal No 28 of 2002) [2003] TZHC 527 (29 October 2003)	29 October 2003
Kagera Cooperative Union (1990) Ltd vs General Corroborative (T) Ltd (Civil Appeal No., 10 OF 2001) [2003] TZHC 392 (28 October 2003) Appellate court set aside dismissals and time‑bar finding, holding limitation runs from awareness and ordering merits hearing. Civil procedure – dismissal for want of prosecution – dismissal after short absence unjustified; Limitation Act (First Schedule item 21) – 60 days from decision; computation runs from awareness of judgment; court must compute limitation not assume; separate applications must be dealt with on their own merits; right to be heard before dismissal.	28 October 2003
Philip Tarimo vs Samwel Sumary (Misc. Civil Appeal No. 7/2001) [2003] TZHC 122 (28 October 2003) Appeal dismissed where jurisdictional objection was improperly raised in affidavit and bias complaint was vague. Civil procedure – Jurisdictional objection – preliminary point of objection must be properly raised (Notice of Objection) not merely by affidavit – affidavit containing objection defective (see Uganda v Commissioner of Prisons Ex parte Matovu). Civil procedure – Stay of proceedings – allegation of bias must be clearly pleaded and not vague. Appeal – vagueness and procedural defects may render grounds untenable; appeal dismissed with costs.	28 October 2003
Abraham Lematwa vs Republic (Criminal Appeal No. 33 of 2003) [2003] TZHC 268 (2 October 2003) Conviction under s383 quashed where required knowledge absent, judgment defective and evidence inadequate. Criminal law — Neglect to prevent an offence (s383 Penal Code) — knowledge element required — conviction cannot rest on speculation; Judgment formal requirements (s312 CPA) — points for determination, decision and reasons; Insufficient evidence — conviction quashed; Excessive sentence set aside.	2 October 2003
Abraham Lematwa vs Republic (Criminal Appeal No. 33 of 2003) [2003] TZHC 434 (2 October 2003) Conviction for neglect to prevent a felony quashed for lack of proof of knowledge and defective judgment. Criminal law – s.383 Penal Code – neglect to prevent a felony – knowledge element; criminal procedure – s.312(1) CPA – required contents of a judgment (points of determination, decision and reasons); conviction cannot rest on speculation; appellate relief where prosecution fails to prove case beyond reasonable doubt.	2 October 2003