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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
4 judgments
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4 judgments
Citation
Judgment date
November 2023
Lake Oil Limited vs First Assurance Company Limited and Another (Commercial Case No. 79 of 2023) [2023] TZHC 22402 (7 November 2023)
Insurer unjustifiably delayed and unproven fraud allegations; insured awarded indemnity, damages, interest and costs.
Insurance — insurer's duty to indemnify; Insurance Act ss.131 and 148 — time limits for claim settlement and enforcement; Evidence — burden on insurer to prove alleged fraud; Delay and bad faith — entitlement to damages and interest; Broker liability — dismissed in absence of wrongdoing.
 7 November 2023
National Bank of Commerce vs Mongateko Makongoro Mongateko (Commercial Case No. 48 of 2028) [2023] TZHC 22365 (3 November 2023)
Suit for recovery of staff-loan converted to commercial loan struck out as premature pending appeal on related labour award.
Commercial law – staff loan agreement – termination as event of default; conversion to commercial loan; set-off and interlocutory impact of pending appeal from Labour Division award; premature institution of suit; natural justice and equality before the law.
 3 November 2023
October 2023
M/S Biosustain Tanzania Limited vs First Assurance Company Limited (Commercial Case No. 62 of 2023) [2023] TZHC 22091 (27 October 2023)
Insured failed to prove date and circumstance of transit loss; claim for indemnity dismissed with costs.
Insurance law – goods in transit – burden of proof on insured to establish date and circumstances of loss; requirement to produce transport documentation (receipts, delivery/release notes) and driver’s licence; weighbridge and investigative reports relevant to disputed date; failure to prove material date defeats indemnity claim.
 27 October 2023
April 2023
Jabir Hassan Ndumbalo (The Administrator of the Estate of the late, HASSAN NOOR NDUMBALO) vs Hassy Bessen Kinite (Land Case No. 197 of 2021) [2023] TZHC 23964 (24 April 2023)
The plaintiff-administrator proved ownership; defendant failed to prove purchase, ordered to surrender the title deed and pay costs.
Land law – declaration of ownership; evidentiary burden in property disputes; evasive denials in pleadings; requirement for direct evidence of sale and documentary proof (title search, transfer instruments, bank receipts); inadmissibility/insufficiency of unproved lost documents; costs awarded to successful party.
 24 April 2023