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
September 1992
Methusela Fatuma Mazubesi vs Registrar of Co-Operative Societies (Misc. Civil Application No. 90/92) [1992] TZHC 272 (29 September 1992) Order 53 permits seeking declaratory relief together with prerogative orders if the applicant shows sufficient interest. Judicial review – Order 53 – umbrella remedies – certiorari, mandamus, prohibition, declaration and injunction may be sought in one application. Standing – Order 53 rule 3(5) requires sufficient interest for prerogative relief and declarations. Applicability of English practice – Cap 453/Ordinance incorporates English procedural practice and authorities as persuasive guidance.	29 September 1992
D.P.P. vs Yahaya Mohamed Saidi (High Court Criminal Appeal No. 52 of 1992) [1992] TZHC 184 (28 September 1992) Prosecution failed to prove criminal trespass; appellate court dismissed appeal but did not determine lawful occupation. Criminal law – Trespass (s.299 Penal Code) – Elements required: entry into property in possession of another, unlawfulness of entry, and requisite intention – Prosecution must prove each beyond reasonable doubt. Evidence – Credibility, inconsistent documentary evidence and defective charge sheet dates can vitiate prosecution case. Procedure – Appellate court will not disturb trial court findings based on locus visit and witness credibility. Civil v. criminal – Acquittal is not a determination of lawful ownership or true occupation.	28 September 1992
Jimmy David Ngonya vs National Insurance Corporation Ltd (Miscellaneous Civil Cause No. 74 of 1991) [1992] TZHC 770 (15 September 1992) Reported Natural justice - The right to be heard - Applicant dismissed from employment by the respondent's Board of Directors on account of an audit report - Need to show contents of audit report to the appellant before dismissing him. Natural justice - The rule against bias - General Manager who initiated disciplinary proceedings against the applicant was present at the board meeting while applicant was absent - Whether the board was biased.	15 September 1992
Jimmy David Ngoya vs National Insurance Corp Ltd (Misc Civil Cause No 74 of 1991) [1992] TZHC 250 (15 September 1992) Decision to dismiss quashed for breach of natural justice: audit report not served and procedural involvement by General Manager. Administrative law — Natural justice — Duty to serve adverse reports and allow representation — Board decision to dismiss quashed where audit report not served and General Manager’s participation compounded procedural unfairness.	15 September 1992
Asha Shomari vs Ally Saidi ((PC) Civil Appeal No. 93 of 1990) [1992] TZHC 149 (14 September 1992) Court remitted property dispute to trial court to record parties’ contributions before determining matrimonial property division. Matrimonial property — ownership and division — requirement to determine parties’ contributions to acquisition; Law of Marriage Act s.114(1)&(2); limits of revisional proceedings; remittal for additional evidence to trial court; procedure where registered land is involved.	14 September 1992
Elihudi Mathew Ngore vs The National Engineering Co. Ltd and Another (Miscellaneous Civil Cause No. 115 of 1989) [1992] TZHC 242 (11 September 1992) Application to quash Labour Commissioner’s revocation dismissed; revocation effective and procedural defects not fatal. Labour law — Administrative action — Revocation of Labour Officer's certificate by Labour Commissioner — Validity and effectiveness of revocation. Procedural fairness — Right to be heard — Appeal to Minister as review avenue satisfies opportunity to be heard. Civil procedure — Defective affidavits and incorrect titles — Formal defects not necessarily fatal. Jurisdiction — No apparent error on record and no established lack of jurisdiction to quash Commissioner’s decision.	11 September 1992
Elihudi Mathew Ngore vs The National Engineering Co. Ltd and Another (Miscellaneous Civil Cause No. 115 of 1989) [1992] TZHC 243 (11 September 1992) Application for certiorari dismissed; ministerial confirmation of labour dispute final absent jurisdictional error or denial of natural justice. Administrative law – judicial review – certiorari and prohibition – challenge to Labour Commissioner’s decision; procedural defects in pleadings – not fatal; Labour Officer’s certificate – revocable by Labour Commissioner; conciliation and ministerial confirmation – decision final and conclusive under Security of Employment Act; relief only where lack of jurisdiction or breach of natural justice established.	11 September 1992
Boniface Charles vs The Republic (Criminal Appeal No. 51 of 1992) [1992] TZHC 185 (9 September 1992) Conviction for armed robbery upheld on reliable identification; 15‑year sentence set aside and increased to 30 years, 12 strokes confirmed. Criminal law – Armed robbery – Identification evidence – Complainants acquainted with accused; identification safe where no suggestion of mistaken identity. Criminal procedure – Alibi – Failure to establish or corroborate an alibi does not raise reasonable doubt. Evidence – Medical/documents – Admissibility under Criminal Procedure Act. Sentencing – Statutory minimum/appropriate sentence for armed robbery – appellate substitution of higher term.	9 September 1992
Willy Brown vs Republic (PC Criminal Appeal No. 4 of 1992) [1992] TZHC 186 (8 September 1992) Appeal dismissed for lack of merit; procedural complaints unsupported and criminal proceedings must be titled in the Republic's name. Criminal procedure — appeal — alleged procedural irregularity at District Court hearing — adequacy of record to support complaint. Limitation/time-bar — effect of reservation of judgment where limitation point is raised. Criminal procedure — style and title of proceedings — prosecutions must be in the name of the Republic; correction of record where private parties are shown.	8 September 1992
Mpapata v Republic (1992 TLR H.C. 265) [1992] TZHC 768 (7 September 1992) Criminal Practice and Procedure - Pleas - Plea of autrefois acquit - Whether available where previous proceedings have been declared null and void	7 September 1992
Stephen Beflo vs Mathias Dengu ((PC) Criminal Appeal No. 19 of 1991) [1992] TZHC 148 (4 September 1992) Primary Court lacked jurisdiction to try stealing by agent; trial and appeal proceedings were nullified and quashed. Criminal law – Proper charge: distinguishing cheating (s. 304 Penal Code) from stealing by agent (s. 273 Penal Code). Jurisdiction – Primary Court’s jurisdiction limited to offences in First Schedule to Magistrates' Courts Act, 1984; offences not listed cannot be tried by Primary Court. Remedy – Trial conducted by a court lacking jurisdiction is a nullity; proceedings must be quashed and matter refiled in competent court.	4 September 1992
Tanzania Development Finance Co. Ltd v Calico Textile Industries Ltd and Another (Misc Civil Cause No. 51 of 1992) [1992] TZHC 786 (3 September 1992) Reported Company Law - Charge to secure a loan - Misstatement on charge document of amount secured - Rectification of	3 September 1992
Tanzania Development Finance Co. Ltd vs Calico Textile Industries Ltd and Another (Misc. Civil Cause No. 51 of 1992) [1992] TZHC 271 (3 September 1992) Court ordered rectification of company charge register to reflect US$904,000 secured, finding prior shilling entry was an inadvertent misstatement. Companies Ordinance s.85 — rectification of register of charges — inadvertent misstatement of amount/currency secured by debenture; Registration of charges — currency of charge may reflect foreign currency where debenture so provides; Effect of memorandum of satisfaction/registrar's certificate — ineffective if founded on material mistake; Limitation — discovery rule for relief against mistake.	3 September 1992
Omari Athumani Bakwar (Misc Civil Case No 97 of 1990) [1992] TZHC 237 (1 September 1992) Application for leave to appeal out of time dismissed for inordinate unexplained delay and lack of prospects of success. Application for extension of time/leave to appeal out of time – adequacy of reasons for delay – requirement of full, satisfactory explanation in affidavit – inordinate delay – prospects of success – dismissal with costs.	1 September 1992