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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
5 judgments
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5 judgments
Citation
Judgment date
December 2003
Hawa Mohamed vs Sesara Shabani and Another (Misc Application No. 29 of 2002) [2003] TZHC 590 (4 December 2003)
Court granted leave to file appeal out of time, finding applicant’s ignorance and imprisonment excused the delay.
Appellate procedure – Section 11(1) Appellate Jurisdiction Act – leave to file Notice of Appeal out of time; sufficient cause – ignorance of law, imprisonment and sustained efforts; liberal interpretation of time exceptions; suo motu extension for leave or certificate to enable final determination at Court of Appeal.
 4 December 2003
Loserian Lavutaki and Others vs Minister for Lands and Another (Civil Case No. 16 of 2002) [2003] TZHC 589 (4 December 2003)
Failure to give statutory 90‑day notice to the relevant minister and instituting a representative suit without prior leave rendered the proceedings incompetent.
Government Proceedings Act s.6(2) – mandatory 90-day notice to Minister/Department/officer concerned; service on Attorney General alone insufficient. Civil Procedure Code Order I r.8 – representative suits require prior leave of court; suits instituted without leave are incompetent and liable to be struck out. Procedural compliance – failure to issue statutory notice and failure to obtain leave renders proceedings unsustainable.
 4 December 2003
Loserian Lavutaki and Others vs Minister for Lands Housing and Urban Development and Another (Civil Case No. 16/2002; Misc Civil App. No. 55 and 56 of 2002) [2003] TZHC 152 (4 December 2003)
Representative suits require prior court leave and statutory 90‑day notice to the relevant Minister; failure to comply renders the suit incompetent.
Government proceedings – section 6(2) Government Proceedings Act – mandatory 90‑day notice to Minister/department with copy to Attorney General; Civil procedure – Order I Rule 8 – representative suits require prior leave of court; instituting representative suit without leave is incompetent and liable to be struck out.
 4 December 2003
Loserian Lavutaki & others vs Minister for Lands Housing and Urban Development & another (Civil Case No. 16 of 2002) [2003] TZHC 87 (4 December 2003)
Failure to serve the statutory 90‑day notice on the relevant Minister and instituting a representative suit without prior leave rendered the proceedings incompetent.
Government Proceedings Act s.6(2) — mandatory 90-day notice — must be served on the Minister/department concerned; copy to Attorney General only — service on Attorney General alone insufficient. Civil Procedure Code, Order I Rule 8 — representative suits — leave of court must be obtained prior to instituting representative proceedings; failure to obtain leave renders suit incompetent and liable to be struck out. Procedural compliance — noncompliance with mandatory notice and leave requirements leads to dismissal of suit and related application.
 4 December 2003
Minister for Lands Housing and Urban Development vs Attoney General of Tanzania (Civil Case No. 16/2002) [2003] TZHC 184 (4 December 2003)
Failure to give statutory 90‑day notice to the relevant Minister and instituting a representative suit without prior leave renders both proceedings incompetent.
Government proceedings – section 6(2) – mandatory 90‑day pre‑action notice to Minister/department (copy to Attorney General) – service on Attorney General only insufficient; Civil procedure – Order I Rule 8 – representative suits require prior leave of court – instituting representative suit without leave is incompetent and must be struck out.
 4 December 2003