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

14 judgments

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14 judgments

Citation	Judgment date
February 2026
Brighton Lugangira Kishebuka and Another vs Audaxia Julius Bukagire and Others (Land Case No.14916 of 2025) [2026] TZHC 230 (12 February 2026) Statutory 90‑day notice under Government Proceedings Act is mandatory; defective notice naming only one co-owner renders suit unmaintainable. Government Proceedings Act s.6(2)-(3) — mandatory ninety-day notice — contents and service — failure to name co-claimant; locus standi; defective notice framed as "joining" not "intention to sue"; non-compliance fatal — suit struck out; Order VII r.1(i) CPC (value of land) raised but not decided; necessity to implead Commissioner for Lands noted.	12 February 2026
Aced M. Binunshu vs Innocent C. Kaijage (MAOMBI YA SHAURI LA MADAI NA: 533 LA MWAKA 2026) [2026] TZHC 207 (9 Februari 2026) Court registered parties’ deed of settlement as consent judgment, ending all proceedings after payment of TZS 15,600,000. Civil procedure — Court-ordered conciliation under Article 107A(2)(d) — Deed of settlement registered as consent judgment and decree — Effect: termination of pending proceedings and arrest order; costs each party to bear.	9 February 2026
Aced M. Binunshu vs Innocent C. Kaijage (Rufaa ya Madai Namba 367 ya Mwaka 2026) [2026] TZHC 205 (9 Februari 2026) A voluntary Deed of Settlement, once read and registered as a consent judgment, disposes of all related proceedings and has effect as a decree. Civil procedure – Settlement and reconciliation under Article 107A(2)(d) – Deed of Settlement read in court – Registration as Consent Judgment – Effect: judgment and decree terminating underlying suit, enforcement proceedings and appeal – Parties to bear own costs.	9 February 2026
Leticia Mukagolola vs Allen Fredrick Dominick (Civil Appeal No. 8650 of 2025) [2026] TZHC 168 (6 February 2026) Appeal allowed: probate grant set aside for inordinate unexplained 30-year delay despite Primary Court jurisdiction. Probate law – Primary Court jurisdiction – declared religion versus mode of life – applicability of customary law – delay in filing probate petition – requirement to explain inordinate delay – appellate interference with discretionary allowance of out-of-time petitions – nullity of proceedings.	6 February 2026
Paschal Alex vs Benjamin Clavery (Land Appeal No. 24454 of 2025) [2026] TZHC 155 (6 February 2026) High Court nullified tribunal judgment and remitted case for locus in quo visit due to conflicting boundary evidence. Land law — locus in quo visits — discretionary but necessary in exceptional cases where conflicting evidence as to location/boundaries exists; revisional powers under s.47(1)(b) to nullify proceedings and remit for inspection and fresh determination.	6 February 2026
January 2026
Albina Eradius vs Anastela Daudi ((PC) Civil Appeal No. 32423 of 2024) [2026] TZHC 214 (30 January 2026) Whether a Primary Court may hear a third party’s claim of contribution to matrimonial property where a Christian marriage subsists. Civil procedure — Jurisdiction of Primary Court to hear disputes involving a third party to a subsisting marriage; matrimonial property v. contribution claims; concubine's claim to proprietary interest; Law of Marriage Act (conversion rules, presumption/consequences of cohabitation).	30 January 2026
Rajabu Athumani Mzungu vs Republic (Criminal Appeal No.18608 of 2025) [2026] TZHC 208 (30 January 2026) Appellate court quashed convictions for incest and sodomy due to reasonable doubts from contradictions and inadequate medical and witness evidence. Criminal law – Sexual offences (incest and unnatural offence) – Proof beyond reasonable doubt – Credibility of child complainant – Corroboration – Sufficiency and detail of medical (PF3) expert evidence – Failure to call material witnesses – Appeal: conviction quashed.	30 January 2026
Kabendegere s/o Sammy Kalisa and Others vs Republic (Criminal Appeal No. 11563 of 2025) [2026] TZHC 80 (29 January 2026) Appeal allowed: material variance, weak identification and procedural defects in confession evidence warranted acquittal. Criminal law – armed robbery – variance between charge and evidence; amendment under section 251(1) CPA; identification evidence and dock identification; admissibility of cautioned and extra‑judicial statements – compliance with CJ’s Instructions and Robinson Mwanjisi procedure.	29 January 2026
Maria Andrea vs Tegemea France (Land Appeal No. 23416 of 2025) [2026] TZHC 43 (26 January 2026) Appeal dismissed: sale proved; long occupancy as invitee does not confer ownership or invoke limitation. Land law — proof of title by sale; adverse possession/limitation — invitee occupancy insufficient to acquire title; matrimonial property consent (s.59) requires proof; locus in quo visit discretionary; bias requires strong proof.	26 January 2026
The Registered Trustees of the Evangelical Lutheran Church in Tanzania North Western Diocese vs Clemence Jeremiah (Land Appeal No. 28883 of 2024) [2026] TZHC 45 (26 January 2026) Whether DLHT had jurisdiction where the Ward Tribunal’s mediation certificate was defective and non‑compliant. Land law — Ward Tribunal’s mandate limited to mediation — Valid mediation settlement must record agreed terms and bear parties’ signatures — Defective mediation certificate renders DLHT jurisdictional foundation invalid — Proceedings entertained without proper certificate are nullity — High Court may remit for proper mediation under revisional powers.	26 January 2026
Francis Tibendelana vs Kalolina Archard (Land Case Appeal No.17995 of 2024) [2026] TZHC 32 (22 January 2026) Failure to serve court-ordered written submissions amounted to failure to prosecute and warranted dismissal of the appeal with costs. Civil Procedure – Compliance with court orders – Hearing by written submissions – Failure to file and serve submissions equates to non-appearance and failure to prosecute – Order XXXIX Rule 17(1) CPC – Section 103 CPC (extension of time) – Proof of service required.	22 January 2026
Karagwe Development Association t/a Omukaliro English Medium Primary School vs Attorney General and Another (Misc. Civil Application No. 28301 of 2025) [2026] TZHC 31 (22 January 2026) Applicant granted leave to defend summary suit after furnishing required security and demonstrating disputed contributions. Civil procedure – Summary procedure (Order XXXV) – Requirement to deposit security under amended rule 3(3) – Title deed and valuation as security – Leave to appear and defend – Sufficiency of affidavit showing disputed contributions and inclusion of former employees.	22 January 2026
Rwechungura Ferdinard vs Jenester Rwechungura (Matrimonial Appeal No.1533/2025) [2026] TZHC 18 (14 January 2026) The appellant’s repeated non‑appearance and disobedience of court orders warranted dismissal of the appeal for want of prosecution. Civil Procedure – dismissal for want of prosecution – non‑compliance with court orders – Order XXXIX Rule 17(1) Civil Procedure Code – contemptual implications under section 124 Penal Code – costs awarded.	14 January 2026
Rwechungura Ferdinard vs Jenester Rwechungura (Matrimonial Appeal No.31293/2024) [2026] TZHC 19 (14 January 2026) Appeal dismissed for want of prosecution due to appellant's repeated non‑appearance and disobedience of court orders. Civil procedure – Dismissal for want of prosecution – Non‑compliance with court orders – Order XXXIX Rule 17(1) CPC – Disobedience of court orders and section 124 Penal Code.	14 January 2026