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

12 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

12 judgments

Citation	Judgment date
November 2007
Kassiana Magingo vs Ismaili H. Malibiche (PC Matr Civil Appeal No 3/2007) [2007] TZHC 747 (22 November 2007) De novo rehearing ordered for disputed matrimonial property after lower courts misapplied the Law of Marriage Act. Family law – Matrimonial property – Distribution – Application of Law of Marriage Act s.114(1),(2) – Failure to show parties' contributions. Civil procedure – Appeal – High Court’s power under Magistrates' Courts Act s.29(a) to order rehearing de novo. Appellate review – Material evidence omitted and lower courts misled – retrial ordered. Procedure – Retrial to be filed without fees and before a different Resident Magistrate.	22 November 2007
Georgia Mtikila vs Jacob Nkomola and Others (Civil Case No. 171 of 1998) [2007] TZHC 674 (19 November 2007) Plaintiff’s unsupported allegations of judicial bias failed the fair‑minded and informed observer test; recusal denied. Judicial disqualification – allegation of bias – requirement that a fair‑minded and informed observer would perceive a real possibility of bias – mere dissatisfaction or unsupported complaints insufficient. Civil procedure – recusal application – necessity of formal application/affidavit and adherence to established case law. Defamation procedure – where assessors fall below three, proceedings must start de novo under Rule 8(2) of the Defamation Regulations.	19 November 2007
Haji Mbaruku & Another vs Republic (Criminal Revision No. 20 of 2002) [2007] TZHC 551 (16 November 2007) Contempt convictions quashed where mandatory charging, pleading procedures were not followed and sentences exceeded statutory power. Contempt of court — procedure — requirement to frame and record charge; read charge to accused; call accused to show cause and record reply — absence of formal complaint and plea vitiates conviction; sentencing beyond statutory powers; revision to quash proceedings.	16 November 2007
Obeid vs Mpinga (Misc. Civil Application 195 of 2003) [2007] TZHC 19 (16 November 2007) High Court cannot direct Registrar to enter injunction or restrain transfer under section 79 absent an injunction; remedy is mandamus or caveat. Land law – Land Registration Ordinance, Cap 334 – section 79 – Registrar’s discretionary power to enter an injunction in the land register to prevent fraud or improper dealing. Judicial powers – High Court’s role under section 79(3) limited to hearing applications relating to removal of an existing injunction; it cannot command the Registrar to enter an injunction. Remedies – where Registrar has not acted, remedy is judicial review/mandamus or entry of a caveat under section 78. Court enforcement – High Court is not execution arm of subordinate courts; subordinate courts enforce their own orders.	16 November 2007
Anthony S/o Peter Mgaya vs Republic (Criminal Appeal No. 7 of 2007) [2007] TZHC 746 (14 November 2007) Conviction for obtaining money by false pretences quashed for lack of evidence of knowingly false representation and intent to defraud. Criminal law — Obtaining money by false pretences — Element of knowingly false representation and intention to defraud; relevance of appellant's appeal and continued occupation as evidence; sufficiency of evidence for conviction.	14 November 2007
Pilimini Kioma vs Salehe Mwijuma (Civil Appeal No. 271 of 2004) [2007] TZHC 765 (12 November 2007) Withdrawal of charge does not establish malicious prosecution; reasonable cause to report defeats false imprisonment claim. Tort — false imprisonment and malicious prosecution — requirement of reasonable and probable cause — withdrawal or discharge not conclusive of malice — evidentiary standard for malicious prosecution.	12 November 2007
Anderson Chale vs Abubakari Sakapara (Civil Appeal No. 121 of 2004) [2007] TZHC 764 (7 November 2007) Default judgment set aside for procedural defect; trespass torts remain within ordinary courts' jurisdiction; councilors may be sued personally. Civil procedure – Default judgment – Order VIII Rule 14 – requirement of summons to appear/proof of service – where absent plaintiff must proceed under Rule 14(2) ex parte proof. Jurisdiction – Land Disputes Courts Act 2002 – ordinary courts’ jurisdiction not ousted for tort claims such as trespass to land. Public office – liability of councilors – section 65 protection for bona fide acts; burden of proof on official.	7 November 2007
Athumani Mbwana Mapepe vs Hussein Athumani Mapepe and Another (Civil Revision No. 25 of 2005) [2007] TZHC 720 (6 November 2007) Review application dismissed for failing mandatory procedural format and for not meeting statutory grounds for review. Civil Procedure — Review — Requirement to file a Memorandum of Review in the prescribed format (Order XLII r.3) — Grounds for review limited to new and important evidence or error apparent on the record (Section 78; Order XLII r.1) — Court functus officio as to matters already decided — Improperly filed Chamber Summons and misdirected complaint render review incompetent.	6 November 2007
Saidi vs Director, Alliance Francaise (Civil Appeal 177 of 2003) [2007] TZHC 17 (6 November 2007) Court allowed appeal: striking out ex parte employment claim was improper review without following Order XLII procedures. Employment law – jurisdiction – Employment Ordinance sections 130/132; Exemption Order and wage threshold; Civil Procedure – Review (Order XLII) – requirement for formal review application; procedure for setting aside ex parte judgment; magistrate exceeding powers by striking out suit in interlocutory application.	6 November 2007
Shija vs Mazinga Corporation (Civil Case 196 of 2003) [2007] TZHC 18 (6 November 2007) A State Attorney’s verified defence can validly represent a public corporation; the Attorney General need not be joined automatically. Civil procedure – Validity of pleadings signed by State Attorneys – Order VI Rules 14 & 15; Public corporations – separate corporate personality under Public Corporations Act and GN 219/1974; Joinder – Attorney General not automatically a necessary party where Government has interest or provides funding; Extension of time – no reasonable cause where valid pleading already filed.	6 November 2007
Colgate Palmolive Company vs Chemi Cotex Industries Ltd (Civil Case 70 of 2004) [2007] TZHC 16 (2 November 2007) Preliminary objection overruled; defective but amendable affidavit — deponent must clarify verification of statements of information or belief. Affidavit verification – interlocutory applications – statements on information or belief – requirement to disclose grounds or source – Mukisa Biscuit preliminary objection test – amendment of defective affidavit.	2 November 2007
Valustan Tesha and Others vs The Attorney General and Another (Civil Application No. 98 of 2004) [2007] TZHC 775 (1 November 2007) Application for leave to seek certiorari and mandamus dismissed as filed outside the six‑month statutory limitation. Administrative law – prerogative remedies – leave under s.17A (now s.19) Law Reform (Fatal Accidents) Act – six‑month limitation period for leave applications; Civil procedure – preliminary objections – distinction between pure points of law and matters for substantive determination; Limitation – commencement of limitation period where act complained of dated only approximately.	1 November 2007