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

7 judgments

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7 judgments

Citation	Judgment date
October 2007
Patric Mrope and Another vs TOICO and Another (Civil Revision No. 57 of 2005) [2007] TZHC 718 (30 October 2007) Court affirms auctioneer fees are distinct from court costs; auctioneer must file bill for taxation; revision dismissed. Execution law – Attachment of goods – Court brokers/auctioneer fees and storage charges – Distinction between court-awarded costs and execution charges – Court Brokers and Process Servers Rules (Rule 12) – Requirement to file bill and taxation (Rule 12(3)) – Liability for execution charges (Rule 12(5)) – Functus officio argument rejected – Lifting corporate veil of dissolved company under s.283(5) Companies Act by separate application.	30 October 2007
Lucia Paulo vs Lenna Ndege (Misc. Land Appeal No. 48 of 2006) [2007] TZHC 991 (24 October 2007) Land tribunals lack jurisdiction over probate disputes; proceedings outside jurisdiction were declared a nullity. Jurisdiction — Land tribunals — Limits of jurisdiction — Probate matters and distribution of deceased's property not within Land Act tribunals' jurisdiction — Res judicata — Proceedings outside jurisdiction declared nullity.	24 October 2007
Prof. Gabriel Ruhumbika vs Pendieton Security International (T) Ltd (Civil Case No. 239 of 1995) [2007] TZHC 767 (19 October 2007) Failure to cite the specific statutory and rule provisions rendered the leave application incompetent and it was struck out with costs. Appellate procedure — leave to appeal — must cite specific enabling provision of Appellate Jurisdiction Act (s.5) and applicable paragraph of Court of Appeal Rules (Rule 43); failure to properly move the court renders application incompetent and liable to be struck out — appeals from consent orders require invocation of s.5(2)(a)(i).	19 October 2007
Chuo Cha Uongozi Wa Maendeleo (IDM) vs Jonathan N.K. Kaini (Civil Appeal No. 136 of 2002) [2007] TZHC 748 (9 October 2007) Labour Officer settlement and payment precluded further subsistence claims; no evidence of improperly computed pension contributions. Employment law – termination – terminal benefits – PPF/pension contributions – distinction between late remittance and miscalculation – Parastatal Organisations Pensions Scheme Act (remittance, recovery and remedies) – Labour Officer settlement under Employment Ordinance s.130/132 – subsistence allowance limited to period until benefits paid.	9 October 2007
Uongozi Wa Mendeleo vs Kaini (Civil Appeal 136 of 2002) [2007] TZHC 15 (9 October 2007) Whether terminal benefits, PPF delays, subsistence allowances and mitigation/estoppel justify further employee claims. Employment law – termination benefits – computation of terminal benefits and applicable rate; PPF contributions and liability for delay. Labour procedure – subsistence/repatriation allowances and period of entitlement. Remedies – mitigation of damages, estoppel by payment, and costs allocation.	9 October 2007
Fauz Suleiman Salum vs Republic (Criminal Application No. 52 of 2007) [2007] TZHC 726 (8 October 2007) Application for bail struck out as premature and brought under inapplicable provisions; High Court lacks jurisdiction until matter is before it. Criminal procedure — Bail — Jurisdiction to grant bail is statutory; High Court cannot grant bail or direct magistrate in matters not before it; JALO cannot be used to create jurisdiction where proceedings have not been committed; s.148 CPA exercisable only in cases pending before the High Court; premature applications to High Court struck out.	8 October 2007
Method Kashonda (Liquidator of Tanzania Film Company Limited) and Others vs SISI Enterprises Limited and Another (Civil Case No. 129 of 2005) [2007] TZHC 717 (5 October 2007) Whether an alleged liquidator appointed by an empowered agent has locus standi and whether the plaint was properly verified. Company law – liquidation – appointment of liquidator by agent under consultancy/liquidation agreement – substantive notice to Registrar suffices in absence of formal deed.* Civil Procedure – pleadings – verification – O. VI, Rule 15(2) CPC requires specification of what is verified from personal knowledge and what is on information and belief, particularly where a verifier acts under power of attorney.* Locus standi – alleged liquidator appointed by empowered agent has standing to sue where appointment is demonstrated in substance.	5 October 2007