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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
October 2022
Hemedi Issa Mparangondo vs Sango Hussein Mbaruku and Another (34 of 2011) [2022] TZHC 13923 (3 October 2022)
A tribunal may, before pronouncing judgment, suo motu decide an apparent res judicata point and is not functus officio.
Civil procedure – functus officio – doctrine applies only after formal final judgment on merits; does not bar determination of preliminary legal points prior to judgment. Civil procedure – preliminary points of law – tribunal may raise and determine issues suo motu when apparent from the record and necessary before proceeding to merits. Res judicata – a tribunal may dismiss a matter as res judicata if prior determination exists and the point is apparent before final judgment.
 3 October 2022
September 2022
Matiku s/o Thomas vs Republic (Criminal Appeal 108 of 2020) [2022] TZHC 13236 (16 September 2022)
A child's credible sworn testimony and corroborating medical evidence upheld conviction despite minor procedural irregularities.
Criminal law – Unnatural offence against a child – Child witness competence and affirmation under s.127(2) Evidence Act – Charge variance and curability under s.388 CPA – Tendering of PF3 and role of prosecutor – Identification by familiarity and corroborating medical evidence.
 16 September 2022
Gilbert Finias Manyerere vs Paskazia David Kakwaya (Civil Appeal 74 of 2021) [2022] TZHC 13234 (9 September 2022)
Sale of matrimonial assets by one spouse pending appeal does not extinguish the other's entitlement; maintenance reduced to Tshs100,000.
Matrimonial property division — contributions include household labour and joint business; sale of matrimonial assets pending appeal does not extinguish spouse's entitlement; maintenance — parental shared responsibility and proper assessment of quantum under Law of the Child Act and Law of Marriage Act.
 9 September 2022
July 2022
Isa Limited and Another vs Bulyanhulu Gold Mine Limited and Others (Misc. Commercial Case No. 123 of 2017) [2022] TZHC 17262 (29 July 2022)
An alleged contempt fails where the injunctive order had expired and was not lawfully extended.
Civil procedure – Injunctions – Order XXXVII Rule 3 CPC – injunctive order validity limited to period specified not exceeding six months; extension on application up to one year; contempt requires subsisting order; burden to prove extension.
 29 July 2022
April 2022
Jovet Tanzania Limited vs Bavaria N.V (Commercial Case No. 94 of 2018) [2022] TZHC 17260 (27 April 2022)
A suit cannot be stayed or pursued after the same dispute has been finally determined by arbitration; such arbitration is res judicata.
Arbitration; stay pending arbitration; effect of arbitral award; res judicata; abuse of process and forum shopping; separation of referral/stay record from main suit.
 27 April 2022
March 2022
Enterprises Tanzania Limited vs Tanzania Revenue Authority (Commercial Case No 08 of 2017) [2022] TZHC 17261 (22 March 2022)
Court lacks jurisdiction under section 53(1) Tax Administration Act; suit dismissed with costs.
Tax law – Jurisdiction under section 53(1) Tax Administration Act, 2015; res judicata – repetition of matters decided in earlier application; adoption of prior ruling as basis for dismissal.
 22 March 2022