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
December 2007
Ace-Audit Control Expertise (T) vs Cek Company Ltd (Civil Revision No. 27 of 2005) [2007] TZHC 723 (21 December 2007) Revision dismissed because the impugned magistrate's refusal was appealable; the proper remedy is appeal. Civil procedure – Revision vs appeal – Where an order is appealable, revision is misconceived and appeal is the proper remedy; Jurisdiction – claim of exclusive LART Tribunal jurisdiction under s.19(1) raised but did not salvage improper procedural vehicle.	21 December 2007
Nation Parking Solution vs Frank Gyumi and Another (Application No. 9 of 2007) [2007] TZHC 1048 (21 December 2007) Commission-paid parking collectors are agents/sub-agents, not employees, so employee benefits do not automatically apply. Labour law – employment status – agency v. employment – commission-paid collectors are agents/sub-agents under Law of Contract Act; section 61 presumption in Labour Institutions Act does not apply where contract clearly designates agency.	21 December 2007
Grace Nyiratu vs Magic Kingdom Company (Civil Appeal No. 155 of 2004) [2007] TZHC 773 (17 December 2007) High Court may grant leave to appeal employment dispute decisions despite Industrial Court original-jurisdiction limits. Jurisdiction — Industrial Court of Tanzania Act — distinction between original and appellate jurisdiction — leave to appeal to Court of Appeal permitted where High Court decision was appellate. Civil procedure — preliminary objection on jurisdiction — timing and scope at leave stage. Employment law — issues of victimization, termination procedure and lawfulness of termination as proper grounds for appeal.	17 December 2007
The Ministry of Higher Education Science and Technology vs National Insurance Corporation and Another (Civil Case No. 98 of 2006) [2007] TZHC 783 (15 December 2007) Failure to obtain leave and to join the official receiver rendered the suit against the public corporation unsustainable. Civil procedure – Preliminary objections – Necessity of leave to sue a specified public corporation – Mandatory joinder of official receiver (Presidential Parastatal Sector Reform Commission) – Locus standi and third‑party procedure (Order 1 r.14) – Curative amendment/ striking out not competent to cure jurisdictional defects.	15 December 2007
Charles Shekulwavu vs Colman Moshi (Misc Civil Application No. 116 of 2006) [2007] TZHC 784 (11 December 2007) Extension of time granted where judgment was delivered without notice and the intended appeal showed strong prospects. Civil procedure – extension of time to appeal – whether lack of notice of judgment and subsequent illness constitute sufficient cause; assessment of prospects of success where lower court judgment lacks reasons.	11 December 2007
Rohsana Y. Ismail vs Faud Ismail Said and Another (Misc. Civil Revision No. 73 of 2004) [2007] TZHC 774 (11 December 2007) Allegations of fraud or forgery in a supporting affidavit are factual issues for trial and cannot defeat a revision application at preliminary stage. Civil procedure — Revision application — Preliminary objection alleging affidavit fraud and forgery — Such allegations are questions of fact for trial and not grounds to dispose of the application at preliminary stage; pending related proceedings do not automatically warrant a stay.	11 December 2007
Zulfikar Tajdin Kassam vs Arzina Zulfikar Tajdin Kassam (Civil Appeal No. 89 of 2006) [2007] TZHC 785 (10 December 2007) An appeal in matrimonial proceedings filed after the 45-day statutory limit without an extension is struck out. Law of Marriage Act s.80(1)-(2) – appeals from magistrates’ court in matrimonial proceedings – forty-five day filing requirement; Preliminary objection – appeal time-barred; Effect of failure to obtain extension of time and withdrawal/absence at hearing; Appeal struck out with costs.	10 December 2007
Mashauri S. Maleo vs Privatus Lipembe (Civil Appeal No. 313 of 2004) [2007] TZHC 766 (5 December 2007) Appellant not liable for cooperative’s earlier unpaid wages; respondent entitled only to arrears for period employed by appellant. Labour law – employer liability for unpaid wages – whether successor employer inherits liabilities of dissolved cooperative; Cooperative Societies Act – capacity to sue and be sued; proof required to establish transfer of assets and liabilities; limitation of claim to period of actual employment by respondent.	5 December 2007