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

All months

Sort by:

5 judgments

Citation	Judgment date
August 2002
Tanzania Harbours Authority vs African Liner Agencies Co. Ltd (Civil Revision No. 113 of 2002) [2002] TZHC 2557 (28 August 2002) Reported Admiralty — Matters constituting admiralty — Contract for rendering services to a ship - Whether an admiralty matter. Admiralty - Jurisdiction - Matters presented before the District Court concerned contract to render services to a ship - Whether District Court has jurisdiction to try the case - East African Merchant Shipping (Consequential Provisions) Act 1966, second Schedule. Admiralty matters — Pecuniary jurisdiction — Services rendered amounting to USD 273 355.43 - Whether District Court had jurisdiction to hear the case - Section 6 ofthe Civil Procedure Code Act 1966. Civil Practice and Procedure - Ex parte order — Interim ex parte Order - Pleadings not showing sufficient grounds for dispensing with the law - Whether Order issued in abuse of process of the law - Order XXXVII, rule 3 of the Civil Procedure Code Act 1966. Civil Practice and Procedure — Interim ex parte order — Order issued on 12 July 2002 but served on the Applicant on 21 August 2002 - Whether Order is ® compliant with the law — Order XXXVII, rule 3 of the Civil Procedure Code Act 1966. Civil Practice and Procedure - Revisional proceedings - Whether High Court can revise an interlocutory ex-parte order granted by the District Court - Section 44(l)(a) of the Magistrates' Courts Act 1984.	28 August 2002
Urbani Mahay vs Augustino Kindumu (PC Civil Appeal No 15 of 2000) [2002] TZHC 2277 (28 August 2002) Admission of taking property without explanation necessitated retrial to determine lawfulness. Civil procedure – admission of taking property – adequacy of admission without explanations – duty of trial court to inquire into circumstances before entering judgment – retrial de novo where parties not properly heard.	28 August 2002
Herman Kapinga vs Salum Kimunyu (PC Civil Appeal No. 127 of 2001) [2002] TZHC 2172 (20 August 2002) Village allocation cannot oust respondent’s possessory rights where prior occupation and improvements existed. Land law – village allocation versus prior possession – continuous cultivation and planting of permanent trees confer possessory protection; village cannot reallocate land under development by a villager; appellate review of detailed first appellate findings.	20 August 2002
Tatu Ibrahim vs Salum Ibrahim (PC Civil Appeal No. 58 of 2001) [2002] TZHC 2173 (20 August 2002) Primary court correctly upheld documentary title; appellate court erred in re-evaluating ownership, appeal allowed with costs. Probate and succession – ownership of deceased’s property – weight of documentary evidence – appellate review of factual findings – failure of prior owner to assert rights during lifetime bars successors’ claims; heirs’ entitlement.	20 August 2002
Tanzania, Zambia Railway Corporation vs Chande & Others (Misc. Civil Case 57 of 2003) [2002] TZHC 8 (12 August 2002) The applicant’s revisional application was dismissed as res judicata; extension of time left unconsidered. * Civil procedure — Revision — Res judicata — Revision barred where same matter has been finally dealt with on prior appeal or extended jurisdiction proceedings; * Judicial authority — High Court cannot effectively revisit decisions already dismissed by courts exercising extended jurisdiction or by appellate processes; * Extension of time — rendered academic where primary revisional relief is barred; * Revision should not be used as an alternative to appeal.	12 August 2002

1