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

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https://jmap.judiciary.go.tz/jmap/jmap-hc

16 judgments

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16 judgments

Citation	Judgment date
May 2003
Salvador Kipengele vs John Pajero and Others (Civil Revision No. 42 of 2002) [2003] TZHC 224 (30 May 2003)	30 May 2003
Mhagama vs Mbusso (PC Civil Appeal 112 of 1999) [2003] TZHC 15 (29 May 2003) High Court certified points of law on Primary Court jurisdiction in rent disputes and regularity of awarding ownership in a rent suit. Appellate jurisdiction — leave to appeal — certificate under s.5(2)(c) Appellate Jurisdiction Act 1979. Civil procedure — Primary Court jurisdiction to hear rent claims governed by Rent Restriction Act No.17/1984. Civil procedure — competence and regularity of determining ownership in proceedings originating as rent arrears claims.	29 May 2003
Karatu District Council vs Minister of Regional Administration & Another (Misc. Civil Application 17 of 2003) [2003] TZHC 13 (28 May 2003) Leave refused: Minister's default Gazette Order was a preliminary step, not a final decision reviewable by prerogative orders. Local government – Statutory default powers – Ministerial order declaring local authority in default – Preliminary/statutory step not a final decision – Judicial review (certiorari) requires a reviewable decision – Mandamus not available where no unperformed public duty – Prohibition inappropriate absent execution of a final decision – Discretion to refuse leave for prerogative remedies.	28 May 2003
Tanport Company Ltd vs Registrar of Companies (Misc. Civil Cause 119 of 2003) [2003] TZHC 12 (26 May 2003) Court confirmed a company's alteration of its objects under the Companies Ordinance after finding proper notice and no prejudice to creditors. Company law – Alteration of memorandum of association (objects and name) – Special resolution under s.7(1) and confirmation under s.7(2) Companies Ordinance Cap.212 – Notice to debenture holders and interested persons – Effect on creditors and members – Registrar of Companies' non-objection.	26 May 2003
Fadhila Mohamed Gugu vs Mohamed Mashamu Mpoto (Misc Civil Application No. 106 of 2003) [2003] TZHC 203 (23 May 2003)	23 May 2003
Hon. Zamda Salum Bozeen (MP) vs Trustees of Civic United Front Party and Others (Civil Case No. 3 of 2001) [2003] TZHC 251 (23 May 2003) Expulsion without notice or hearing violates constitutional and party rules; expulsion quashed and membership restored. Political party discipline – expulsion in absentia – breach of natural justice – right to be heard under Constitution and party constitution – bias and directives undermining impartiality – expulsion void and set aside – costs awarded.	23 May 2003
Zamda Salum Bozeen (MP) vs Registered Trustees of Civil United Front and Two Others (Civil Case No. 3 of 2001) [2003] TZHC 666 (23 May 2003) Reported Natural justice - Right to be heard - Plaintiff expelled from her political party without a hearing or notice - Breach of natural justice. Natural justice — Likelihood of bias - Madaraka branch of the CUF Party interested in depriving plaintiff of her party membership - CUF Headquarters had made up its mind as to the guilt of the plaintiff-Breach of the rule against bias. Constitutional law - Right to attend Parliamentary sessions - Party directs its members who are members of Parliament not to attend Parliamentary sessions - Legality of such directive - Section 71(1)(c) of the Constitution of the United Republic of Tanzania.	23 May 2003
Dorica Mpambije vs Aaron N. Mpambije & Another (Civil Case No. 241 of 2002) [2003] TZHC 178 (21 May 2003) Court ordered amendment of a plaint signed and verified by an agent for formal defects rather than striking it out. Civil procedure – Pleadings – Order VI r.14 (signature by agent) and r.15 (verification) – Defects in signing and verification by donee under power of attorney; Pleadings – Title particulars – Formal defects; Preliminary objection – Strike out v. amendment – Court should avoid denying justice on technicalities; Constitutional guidance against hyper-technicality in procedural matters.	21 May 2003
Dorica Mpandije vs Aaron N. Mpambije and Another (Civil Case No. 241 of 2002) [2003] TZHC 225 (21 May 2003)	21 May 2003
Hussein Kishimba & Another vs Happy Magula alias Mama Irene (Civil Appeal No 16 of 2002) [2003] TZHC 250 (15 May 2003) Appeal dismissed for want of prosecution after appellants failed to file court‑ordered written submissions; no costs. Civil procedure – Ex parte proceedings – Order 39 r.17(2) Civil Procedure Code – Failure to prosecute – Court's power to dismiss appeal for want of prosecution – Court‑ordered written submissions.	15 May 2003
Valeriian M. Msangi vs Froches Mng'anya (Civil Revision No. 93 of 2002) [2003] TZHC 226 (15 May 2003)	15 May 2003
NBC Limited vs Minister for Labour and Another (Misc. Civil Cause No. 73 of 2002) [2003] TZHC 227 (13 May 2003)	13 May 2003
Mukubaganyi Mulumeo vs Tanzania Railways Corporation and 2 Others (Civil Case No 300 of 1995) [2003] TZHC 208 (12 May 2003) Preliminary objections on statutory notice and non‑provability in bankruptcy required factual inquiry and were overruled. Preliminary objections – requirement of statutory notice under s.86 Tanzania Railways Corporation Act 1977 – factual questions (acceptance, written claim within six months, impracticability) preclude disposal as preliminary points; joinder of vesting/official receiver under Order 1 r.10(2) and statutory vesting; plaint not disclosing cause of action – remedy is rejection not dismissal.	12 May 2003
Mukubaganyi Mulumeo vs Tanzania Railways Corporation and Others (Civil Case No. 300 of 1995) [2003] TZHC 219 (12 May 2003) Preliminary objections alleging statutory notice non‑compliance and non‑provability in bankruptcy raised factual issues and were overruled. Civil procedure – preliminary objection – distinction between points of law and disputed facts – statutory notice under Tanzania Railways Corporation Act (s.86) gives rise to factual inquiries; Bankruptcy/joinder – whether claim provable in bankruptcy and propriety of joining successor public body – court’s power to join parties for convenient execution (Order I r.10 CPC).	12 May 2003
Republic vs Mngulwi (Criminal Session Case 46 of 1997) [2003] TZHC 7 (2 May 2003) Circumstantial evidence excluded other suspects; accused acquitted of murder but convicted of manslaughter. Criminal law – Homicide – murder vs manslaughter – circumstantial evidence must exclude every reasonable hypothesis of innocence (Mswahili Mulugala principle). Evidence – family witnesses and spousal privilege issues; reluctance of close witnesses to identify perpetrator. Forensic evidence – post‑mortem establishing cause of death (haemorrhagic shock from sharp infraumbilical wound). Conduct after offence – passive behaviour as circumstantial indicator of guilt.	2 May 2003
Republic vs Richard Benjamin Mngulwi (Criminal Sessions Case No. 46 of 1997) [2003] TZHC 207 (2 May 2003) Circumstantial evidence, excluding other hypotheses, upheld a manslaughter conviction though malice aforethought for murder was not proved. Criminal law – Homicide – distinction between murder and manslaughter – requirement of malice aforethought for murder.* Circumstantial evidence – principles: circumstances must be fully proved and exclude every reasonable hypothesis of innocence (Mswahili Mulugala). Witness credibility – relational ties and spousal testimony waiver. Failure to produce weapon does not necessarily preclude conviction where other evidence is conclusive.	2 May 2003