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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.

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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

5 judgments

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5 judgments

Citation	Judgment date
January 2002
Ramada Investment Ltd vs Engen Tanzania Limited (Commercial Case No. 211 of 2001) [2002] TZHC 2110 (17 January 2002) A valid, broad arbitration clause did not bar court trial where interconnected claims risked conflicting decisions and multiplicity. Arbitration clause – scope and validity – application under s.6 Arbitration Ordinance – proper procedure (petition under Arbitration Rules) – waiver and steps in proceedings – urgent relief exception – refusal to stay to avoid multiplicity and conflicting decisions.	17 January 2002
Dar Es Salaam Water and Sewerage Authority vs Dorah Shemndolwa (Civil Appeal No. 163 of 2001) [2002] TZHC 2182 (11 January 2002) Decision of Minister/Board must be enforced by execution proceedings; non‑compliance attracts damages under s.27. * Employment law – enforcement of Labour Conciliation Board/Minister decisions – s.27(1)(c) Security of Employment Act 1964 – execution proceedings required, not chamber application. * Employment law – failure to comply with reinstatement order – s.27(2) – court may award damages as for wrongful dismissal; court must determine non‑compliance and hear both parties.	11 January 2002
Inter Engineering Company Ltd vs Christopher Marwa and Another (Misc. Civil Appeal No. 2 of 1995) [2002] TZHC 2109 (2 January 2002) A fresh bill of costs filed after remittal was struck out; instruction fee taxed at Shs. 500,000. Costs – Bill of Costs – taxation; procedure where High Court remits quantum of instruction fees to Taxing Master; instruction fees to be assessed on basis of annual rent of suit premises; improper filing of fresh bill after remittal; court fixing/taxing reasonable instruction fee (Shs. 500,000).	2 January 2002
Mrs Nuru Mwinchumu vs Adolf M. Kloeg (Civil Case No. 46 of 2002) [2002] TZHC 2134 (1 January 2002)	1 January 2002
Salum Bakakri vs Republic (Criminal Appeal No. 108 of 2002) [2002] TZHC 2129 (1 January 2002) Failure of the trial court to inform the accused of his section 240(3) right to summon a PF3 author rendered the conviction a nullity. * Criminal procedure – Admissibility of medical report (PF3) – Section 240(3) Criminal Procedure Act 1985 – Court’s mandatory duty to inform accused of right to summon report’s author for cross-examination – Failure is fatal to proceedings.* Defendant’s silence or non-objection does not relieve the trial court of its duty under section 240(3).	1 January 2002

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