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

11 judgments

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11 judgments

Citation	Judgment date
December 2019
Hussein Hamis Tokea (Administrator of the Late Omari Hamis Mhango) vs Paulo Zephania Mshomba (Administrator of the Estate of the Late Karaine Mshomba) (Land Revision 2 of 2018) [2019] TZHC 2139 (4 December 2019) Applicant’s challenge to execution dismissed because the Ward Tribunal judgment remained valid after the appeal was time-barred. * Civil procedure – execution of lower tribunal judgment – effect of appeal struck out as nullity – original decision remains enforceable. * Appeals – filing time limits and consequences of an appeal filed out of time. * Extension of time – requirement to show sufficient cause to revive an appeal. * Revision suo moto – court review of records and discretionary allocation of costs.	4 December 2019
November 2019
Bank of Tanzania vs Zuhura H. Mbulu (Labour Revision 47 of 2016) [2019] TZHC 2137 (28 November 2019) A revision combining a time‑barred challenge to a CMA ruling is incompetent; the court dismissed the revision and confirmed the award. Labour law – revision of CMA rulings – time limits under section 91(1) ELRA – jurisdictional bar where revision filed out of time – combining applications in chamber summons – procedural irregularity and necessity to seek extension/leave.	28 November 2019
July 2019
Kalembu Lengai & Others vs Paulo Laparaja Narda (Misc. Land Application 19 of 2019) [2019] TZHC 2141 (17 July 2019) High Court quashed tribunal ruling for lack of jurisdiction and denial of applicants’ right to be heard. * Jurisdiction – District Land and Housing Tribunal – limits in criminal matters – section 4(2) Land Disputes Courts Act. * Natural justice – right to be heard – improper suo motu striking out of a party’s affidavit vitiates proceedings. * Committal as civil prisoner – execution of decree (Order XXI CPC) – requires due process; distinction between civil execution and criminal prosecution. * Revisional powers of the High Court – cure of material irregularity and miscarriage of justice.	17 July 2019
June 2019
Ramadhan Idd Mchafu vs Republic (Criminal Appeal No. 56 of 2018) [2019] TZHC 15806 (18 June 2019) The appellant’s possession of a government trophy upheld despite expunged cautioned statement and chain‑of‑custody challenges. * Criminal law – unlawful possession of government trophy (elephant tusk) – proof by possession, seizure certificate and valuation certificate. * Evidence – chain of custody – not fatal where item cannot be easily tampered with; court may receive such evidence depending on circumstances. * Evidence – minor contradictions/valuation variances do not vitiate prosecution case where core facts are consistent and supported. * Evidence – admission of exhibits – permissible where witness who seized or prepared the exhibit testifies and is subject to cross‑examination. * Procedural fairness – cautioned statement improperly obtained may be expunged, but conviction may stand on independent admissible evidence.	18 June 2019
Joseph Thomas Temu & Others vs Yohana Thomas Tengere & Another (Misc. Civil Application 44 of 2018) [2019] TZHC 2140 (14 June 2019) Defective jurat and verification in the affidavit rendered the extension application incompetent and it was struck out with costs. Procedure — Affidavit requirements — jurat — Notaries Public and Commissioners for Oaths Act s.8; Civil Procedure Code Order XIX r.3 — affidavits confined to facts not arguments; Order VI r.15(3) — verification to state place and date; Defective affidavit — application struck out with costs.	14 June 2019
May 2019
Republic vs Median Boastice Mwale & Others (Criminal Session Case 77 of 2017) [2019] TZHC 2138 (9 May 2019) Bank officers convicted for aiding money laundering by authorising sham accounts and processing fraudulent US Treasury checks. * Anti‑money laundering – s.12(e) & s.13(a) AMLA – accessory liability for aiding/abetting, participation, constructive knowledge; inference of mens rea from circumstantial evidence. * Double jeopardy/duplicity – improper joinder of conspiracy and substantive money‑laundering offence where counts overlap. * Evidence – admissibility and authentication of foreign documents under Mutual Assistance Act; relevance of co‑accused convictions; chain‑of‑custody principles for bank records. * Banking procedure – role of branch officers in OFBC processing, account mandates and HQ clearance.	9 May 2019
April 2019
Demu Mbise @ Semu Elias Mbise t/a Asili Resort (Land Case 32 of 2016) [2019] TZHC 276 (9 April 2019) Whether landlord occupation of part of leased property breaches lease when tenant failed to renovate within reasonable time. Land law - Lease agreement - covenant for quiet enjoyment - landlord's occupation of part of demised premises; Contractual obligations - tenant's duty to renovate and submit plans; Evidence Act s.101 - written agreement supersedes inconsistent oral evidence; Reasonable time for performance; Reliefs - partial declaration of tenancy, perpetual injunction, set-off/carry forward of rent; Insufficiency of evidence for special and general damages.	9 April 2019
March 2019
Elias Masija Nyang'oro & Another vs Mwananchi Insurance Company Ltd (Misc. Civil Cause 21 of 2017) [2019] TZHC 2155 (19 March 2019) Fully paid-up shareholders must allege a prima facie surplus to have locus standi to petition for winding up. * Companies — Winding up — locus standi of contributories — whether fully paid-up shareholders may petition — requirement to allege prima facie surplus or prospect of surplus (Re Rica Gold Washing Co.). * Companies (Insolvency) Rules — procedure on return day — appearance of company and counsel without notice, affidavit or board resolution; service requirements under rules 111(3) and 111(5) and directions under rule 112(1).	19 March 2019
January 2019
Manjo Sarwat vs Republic (Criminal Appeal 96 of 2018) [2019] TZHC 282 (23 January 2019) Medical evidence of penetration does not substitute proof of the accused’s identity when the child’s sole testimony is unreliable. Criminal law – Sexual offences – Child witness evidence after 2016 amendment to s.127 Evidence Act (promise to tell truth replaces voire dire) – Credibility and corroboration – Medical proof of penetration distinct from proof of identity – Conviction unsafe where sole independent child evidence is undermined by inconsistencies and omissions.	23 January 2019
Leonard Salvatory Mallya vs Yona Loing’on Laizer (Misc. Civil Application 79 of 2018) [2019] TZHC 284 (16 January 2019) The applicant's stay application dismissed as misconceived; the dismissal order is not executable and wrong forum was used. Civil procedure — Stay of execution — Dismissal order declaratory and not executable — Proper forum to seek stay is the executing court (Primary Court) or the court to which appeal against the decree lies (District Court) — Magistrates' Courts (Civil Procedure in Primary Courts) Rules; temporary injunction discharged.	16 January 2019
Andrea Gwandawe Sule vs Republic (Criminal Appeal 53 of 2016) [2019] TZHC 283 (9 January 2019) Convictions quashed where prosecution failed to prove dishonest intent or personal benefit from diversion of school funds. * Criminal burden of proof – prosecution must prove guilt beyond reasonable doubt; * Abuse of position (s.31 PCCBA) – requires intentional abuse or use of position to obtain undue advantage; * Embezzlement/misappropriation (s.28(1) PCCBA) – requires dishonest or fraudulent conversion for personal use; * Non‑observance of administrative procedure (Government Circular No.13/2009) does not alone establish criminal intent.	9 January 2019