Skip to document content Skip to main menu Skip to search

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
5 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Labels
  • Topics
  • Alphabet
Sort by:
5 judgments
Citation
Judgment date
June 2002
In Re: Application by Cyprian Katoroka for Leaveto apply for orders of Certiorary and Mandamus; In Re: Decision of the Minister for Labour and Youth Development Between Cyprian Katoroka (Misc. Civil Application No. 25 of 1996) [2002] TZHC 2133 (13 June 2002)
Decision lacked reasons and breached natural justice; court remitted matter for reconsideration instead of ordering reinstatement.
Administrative law – natural justice – duty to give reasons – failure to give reasons vitiates decision; certiorari appropriate; mandamus for reinstatement discretionary and inappropriate where factual circumstances at workplace are uncertain – remit to decision-maker for reconsideration.
 13 June 2002
Jeje Industries Ltd vs Commissioner for Sales Tax Vat (Commercial Case No. 36 of 2002) [2002] TZHC 2425 (11 June 2002)
A taxpayer must pursue the Tax Revenue Appeals Board; declaratory relief in High Court is inappropriate where the Board has sole jurisdiction.
* Tax Revenue Appeals Act 2000 – section 7 – 'sole original jurisdiction' of Tax Revenue Appeals Board in revenue disputes administered by TRA. * Procedural law – requirement to exhaust statutory tribunal remedies before seeking declaratory relief in court. * Declaratory relief – discretionary and unavailable where an adequate alternative remedy exists and has not been used. * Jurisdiction – High Court's original jurisdiction excluded as provided by statute.
 11 June 2002
R vs R (Matrimonial Case No. 1 of 2001) [2002] TZHC 2556 (7 June 2002)
Reported

Family law - Divorce - Spouse being no longer in love - Whether a sufficient ground for the Court to grant divorce - Section 107(1) and (2) of the Law of Marriage Act 1971.
Family law - Divorce - Grant of divorce - Whether the Court may summarily grant divorce.
Family Law - Matrimonial causes - Party establishes that a matrimonial offence  has been committed — Whether that fact entitles the party to an automatic right to a divorce decree. Civil Practice and Procedure - Matrimonial causes — Parties not at issue on their marriage being broken down irreparably - Whether the Court may on that basis summarily pronounce judgment - Rule 29(2) of the Law of Marriage (Matrimonial Proceedings) Rules 1971, Order XV, rule 1 of the Civil Procedure Code 1966 and section 107 of the Law of Marriage Act 1971.

 7 June 2002
John Senyagala vs Heshima Upendo (PC Criminal Appeal No. 29 of 2000) [2002] TZHC 2124 (4 June 2002)
Where land ownership is disputed, title must be determined in a civil suit before criminal trespass proceedings proceed.
* Criminal law – Trespass – Where ownership of land is in dispute, title must be determined in a civil action before criminal trespass proceedings are properly pursued.* Civil procedure – Interplay between civil and criminal jurisdiction – Disputed ownership of property requires civil determination of title prior to criminal prosecution for trespass.* Remedy – Quashing of convictions where courts proceed with criminal charges despite unresolved dispute over ownership.
 4 June 2002
Penford Makiwa vs Tanzania Cashewnuts Marketing Board (Civil Case No. 120 of 1999) [2002] TZHC 2132 (4 June 2002)
A third‑party claim against a specified public corporation is unmaintainable until the statutory receiver (PSRC) is joined with leave.
* Parastatal/administrative law – specified public corporation – effect of declaration that an entity is a specified public corporation; * Joinder – requirement to join Parastatal Sector Reform Commission (PSRC) as statutory receiver before proceeding against specified public corporation; * Civil procedure – preliminary objection to third‑party notice; * Statutory interpretation – section 9(1) Bankruptcy Ordinance and section 43 Public Corporations Act; * Procedural consequence – third‑party notice unmaintainable until leave to join PSRC is obtained.
 4 June 2002