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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
6 judgments
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6 judgments
Citation
Judgment date
March 2006
Choya Anatory Kasazi vs Kashemeza Phares Kabuye and Another (Misc. Civil Cause No. 10 of 2005) [2006] TZHC 476 (14 March 2006)
Applicant not indigent; court fixed reduced cash security and accepted immovable property as alternative security.
Elections Act s.111 – Security for costs – Mandatory deposit before hearing – Court's discretion under s.111(3),(5) to allow alternative security or exemption – Proof of indigence/considerable hardship required – Acceptance of immovable property title deed as alternative security.
 14 March 2006
Choya Anatory Kaszi vs Kashemeza Phares Kabuye & another (Misc. Civil Cause No. 10 of 2005) [2006] TZHC 283 (14 March 2006)
Whether an election petitioner should be exempted from paying security for costs — court ordered TSh 1,000,000 per respondent.
Elections Act s.111 – security for costs – court’s discretion under ss.111(3)–(5) to fix amount, accept alternative security or exempt where compliance causes considerable hardship; assessment of indigence and role of legal aid rules; alternative security by immovable property.
 14 March 2006
Republic vs Ernest @ Mushumba Pastory (Hc. CR. Sess. Case No. 12 of 2002) [2006] TZHC 389 (14 March 2006)
Conviction cannot stand where timing of fatal injury is uncertain and prosecution witnesses are unreliable.
Criminal law – Manslaughter – Causation and timing of fatal injury (ruptured spleen); reliability of interested witnesses; omissions and contradictions; failure to call neutral witnesses; sufficiency of post-mortem evidence; reasonable doubt.
 14 March 2006
Republic vs Seleman s/o Athuman & Another (Hc Criminal Session Case No. 76 of 2003) [2006] TZHC 495 (10 March 2006)
10 March 2006
Wilfred s/o Muganyizi Rwakatabe vs Hamis s/o Sued Kagasheki and Another (Misc. Civil Cause No. 08/2005) [2006] TZHC 475 (2 March 2006)
Court reduced statutory security for costs upon finding partial indigence, preserving the petitioner's access to justice.
Elections Act s.111 – security for costs – Registrar not to fix hearing unless security up to TShs 5,000,000 per respondent paid – court’s discretion under s.111(3) and (5) to fix lower amount, alternative security or exempt where payment causes considerable hardship. Access to justice – indigence and risk of denial of prosecution of petition as relevant to assessment of 'considerable hardship'. Weighing respondents’ interest in cost recovery or petition’s prospects is not determinative when assessing petitioner’s financial inability.
 2 March 2006
Wilfred s/o Sued Muganyizi Rwakatare vs Hamis s/o Sued Kagasheki & another (Misc. Civil Cause No. 08 of 2005) [2006] TZHC 282 (2 March 2006)
Court denied total exemption from election security for costs, ordering reduced deposit or an immovable-property title deed as alternative.
Election law – Security for costs under s.111 – Application under s.111(3) & (5) – Meaning of "considerable hardship" – Court may order alternative security or reduced deposit – Access to justice considerations outweigh speculative respondent hardship.
 2 March 2006