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

8 judgments

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8 judgments

Citation	Judgment date
July 2003
Delphina G. Patrick vs The Director Temeke Municipal Council (Civil Case No. 211 of 2002) [2003] TZHC 210 (31 July 2003) Municipal demolition without adequate compensation found wrongful; lost goods awarded but asset and income claims inadequately proved. Municipal authority liability for demolition; ex parte proceedings where defendant fails to file defence; proof and quantification of lost goods and business losses; requirement to prove assets and loss of income.	31 July 2003
Blue Line Enterprises Ltd vs East African Development Bank (Misc. Civil Cause No.307 of 2002) [2003] TZHC 181 (30 July 2003) Arbitral award quashed for denial of hearing where arbitrator refused reply, oral evidence and to address issues. Arbitration — Setting aside award — Court’s power under Arbitration Ordinance s.15 — Natural justice/audi alteram partem — Failure to allow reply, oral evidence or final submissions — Arbitrator’s misconduct — Award quashed and rehearing ordered.	30 July 2003
Amina Athumani vs Hassan Salum (Misc. Civil Application No. 104 of 2003) [2003] TZHC 232 (18 July 2003) Applicant granted extension to file appeal out of time based on apparent merits despite insufficient diligence in obtaining judgment. Civil procedure – extension of time to appeal – delay allegedly due to late receipt of judgment – requirement to show diligence in obtaining judgment copy. Appeals from primary courts – no requirement to attach judgment copy, but counsel may need to inspect judgment before filing appeal. Discretion to extend time – consideration of merits/seriousness of proposed grounds may justify extension despite procedural shortcomings.	18 July 2003
Azania Bancorp Ltd vs Fredrick Oldenburg (Civil Case No. 234 of 2002) [2003] TZHC 211 (15 July 2003) A signed guarantee binds the guarantor to repay the debtor's loan; ex parte evidence established liability and contractual interest awards. Guarantee law – signed guarantee creates secondary liability; Ex parte proceedings and substituted service; Proof on balance of probabilities; Award of contractual commercial and penal interest; refusal of general damages for lack of evidence.	15 July 2003
Azania Bancorp Ltd vs Oldenburg (Civil Case 234 of 2002) [2003] TZHC 18 (15 July 2003) A signed guarantee creates secondary liability; court awarded principal and contractual and penal interest to the guarantor. Contract of guarantee — guarantor’s secondary liability — enforcement on principal’s default; substituted service and ex parte proceedings; admissibility of bank statements; recovery of contractual commercial and penal interest; refusal to award general damages absent evidence.	15 July 2003
Kilua Ali Kisaaka vs Agriculture Inputs Trust Funds and Others (Civil Case No. 200 of 2000) [2003] TZHC 204 (10 July 2003) Court dismissed claim and refused injunction, finding the plaintiff validly mortgaged property and defaulted on the loan. Mortgage law – validity of mortgage – surrender of title deed as security and evidence required to establish mortgage; Default and enforcement – notice of sale of mortgaged property and lawful steps by mortgagee; Interim relief – refusal of temporary injunction where no triable issue is shown; Civil procedure – afterthought denials insufficient to displace documentary evidence.	10 July 2003
Sultan Mohamed vs Republic (Criminal Appeal No. 98 2002) [2003] TZHC 212 (9 July 2003) Appeal dismissed: medical report discretionary under s.240(3), child’s evidence admissible, life sentence lawfully imposed. Criminal law – admission of medical reports – s.240(3) Criminal Procedure Act is discretionary, not mandatory; accused may request summons of report author. Evidence – testimony of child of tender years – admissible under statutory safeguards (s.127 Evidence Act); conviction can rest on such evidence if credible. Sentencing – life sentence upheld where statutory regime mandates/permits such penalty; complaint about youthful age must be raised timely.	9 July 2003
The Republic vs Shosho Yohana and Others (Criminal Appeal No. 28 of 2000) [2003] TZHC 205 (9 July 2003) Appellate court substituted convictions for three accused and convicted a receiver of stolen property, ordering return of the vehicle and remitting for sentence. Criminal law – conspiracy to steal and stealing – admissibility and voluntariness of confessions – corroboration by independent evidence including vehicle key and chassis tampering – receiving stolen property – appellate substitution of acquittal with conviction – remittal for sentence.	9 July 2003