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
June 2003
Claudia Banga vs Hilaria Akunaay (Misc. Civil Appeal No. 11 of 2002) [2003] TZHC 129 (30 June 2003) A spouse has a protectable interest in the matrimonial home under s.59(1) even if legal title is in the other spouse. Family law – Matrimonial property – Protection of matrimonial home – s.59(1) Law of Marriage Act 1971 – Spouse’s protectable interest (caveat) even where legal title is in other spouse – Attachment of matrimonial property.	30 June 2003
Ester Esaya vs Haruna Salim ((PC) Civil Appeal No. 48 of 2002) [2003] TZHC 128 (30 June 2003) Where no lawful marriage is proved and a prior marriage subsists, a divorce petition and property division claim cannot succeed. Family law – marriage validity – cohabitation (concubinage) insufficient to prove marriage; s.160 Law of Marriage Act inapplicable to convert concubinage into marriage; prior subsisting marriage renders subsequent union void and may attract s.152(1) offence; divorce petition untenable without proven valid marriage.	30 June 2003
James Osogo vs Teritoi Tobiko (Civil Appeal No. 58 of 2002) [2003] TZHC 130 (30 June 2003) Appellant’s claim for large demolition costs failed for lack of documentary proof; appeal to increase award dismissed. Civil procedure – burden of proof – claimant must substantiate monetary claim with receipts or documentary evidence; appellate interference with factual award requires sufficient evidential basis; quantification of demolition/building costs.	30 June 2003
Moses Saruni vs Witness Raphael Mollel (Miscellaneous Civil Application No. 100 of 2001) [2003] TZHC 603 (25 June 2003) A year’s inaction after filing a timely Notice of Appeal rendered a later extension application frivolous and it was struck out with costs. Civil procedure – Extension of time – Application for extension struck out as frivolous and vexatious where applicant filed Notice timely but failed to prosecute appeal for one year; credibility of poverty excuse rejected.	25 June 2003
Abdallah Yusupii vs Reuben Laroi (Miscellaneous Civil Application No. 10 of 2003) [2003] TZHC 137 (24 June 2003) Court granted a limited stay of execution to protect disputed ancestral land pending determination of an appeal. Civil procedure – stay of execution pending appeal – substance over form where wrong procedural provision used; Order XXXIX Rule 5 and Order XXI Rule 24 applied. Requirements for stay – arguable appeal, risk of irreparable loss, balance of convenience. Land disputes – protection of ancestral burial ground, mosque and house; limited preservation measures (harvest/tend existing crops).	24 June 2003
Abdrahman Abdi Firini & Another vs Asha Mohamed Tawaqal (Misc. Civil Application No. 24/2003) [2003] TZHC 136 (24 June 2003) Interim stay granted to maintain status quo and prevent dissipation of estate assets pending revocation proceedings. Probate and administration – Interim relief – Stay of execution pending revocation application; maintenance of status quo to prevent dissipation of estate assets. Interim procedure – Court should not decide contested factual allegations at interlocutory stage; preserve assets until substantive hearing. Costs – No order as to costs for interlocutory application of this nature.	24 June 2003
Odillo Emmanuel Mpepo vs Zaikiru Hussein and Another (Civil Appeal No. 22 of 2002) [2003] TZHC 131 (24 June 2003) Dispute over mining joint venture: denial of overseers and agreed 40% share found fundamental breach; appeal dismissed. Contract – mining joint venture – fundamental terms – right to station overseers and agreed profit share; breach and termination; jurisdiction of Resident Magistrate’s Court; assessment of witness credibility; injunction as remedy to protect access to mining plot.	24 June 2003
Paulo Naibala vs Executive Director Arumeru District Council (Misc. Civil Application N0.11/2003) [2003] TZHC 135 (24 June 2003) Court restrained survey/entry: prior withdrawal order did not determine ownership, and execution against a non‑party was improper. Land law – intended forcible entry and survey – reliance on prior High Court order recording withdrawal of suit – withdrawal with liberty to refile does not determine ownership – cannot execute against a non‑party – ownership dispute to be decided in proper proceedings.	24 June 2003
Peter Adam vs Maria Vanda (Misc Civil Application No. 141 of 2002) [2003] TZHC 144 (24 June 2003) Court stayed execution pending appeal to prevent irreparable loss to applicant's interest in disputed matrimonial property. Stay of execution – Order XXXIX Rule 5 CPC – applicant must show irreparable loss and arguable appeal – matrimonial property – risk of transfer or alienation – discretionary relief; question whether divorce could properly be granted where separation was pleaded.	24 June 2003
Republic vs Ally Mbaga (Criminal Appeal No 75 of 2001) [2003] TZHC 254 (24 June 2003) The applicant's appeal succeeds; the respondent convicted for entering the main road without giving way, causing an avoidable collision. Road traffic — Duty to stop and give way when entering a main road from a minor road — Credibility of eyewitnesses versus appellant's denial — Appeal against acquittal — Reversal where acquittal unsupportable on evidence.	24 June 2003
Republic vs Ally Mbaga (Criminal Appeal No 75 of 2001) [2003] TZHC 382 (24 June 2003) Appellate court allowed DPP's appeal, finding respondent failed to stop and give way before entering major road; acquittal set aside and respondent convicted. Criminal law – Road Traffic – Reckless/dangerous driving – Duty to stop and give way when turning from a minor into a major road – Evaluation of eyewitness evidence including allegedly intoxicated witness – Appeal against acquittal and reappraisal of credibility.	24 June 2003
Trustees of Tanzania National Parks and Another vs Method Kimogoro (Civil Revision No. 5 of 2002) [2003] TZHC 628 (24 June 2003) A revision against an interlocutory interim order is incompetent; the aggrieved party must apply to the trial court. Civil revision — interlocutory/interim orders — competence of revision or appeal — s.42(1) Magistrates' Courts Act (as amended) bars appeals/revisions from interlocutory orders — proper remedy is application to trial court for inter partes hearing or review — ex parte interim orders.	24 June 2003