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
February 2007
Salum vs Mkombozi (PC Civil Appeal 135 of 2003) [2007] TZHC 4 (26 February 2007) A ward tribunal may determine simple possession disputes; limitation runs from adverse possession, and appeal — not fresh suit — was required. Ward Tribunal jurisdiction — paragraph (1) Part III Schedule to Ward Tribunal Act, 1985; limitation for land claims — paragraph 22 Part I First Schedule, Law of Limitation Act; limitation starts on adverse possession (withdrawal of licence); procedural requirement to appeal Ward Tribunal decisions to Primary Court (s.15 Ward Tribunal Act).	26 February 2007
Gido Muba vs Philipo Anthony Mallya (Land Appeal No. 1 of 2006) [2007] TZHC 654 (20 February 2007) Appellate court upheld tribunal’s finding that tenant surrendered keys and vacated; appeal dismissed with costs. Land law – vacant possession – surrender of keys as evidence of vacation of premises – appellate deference to tribunal credibility findings. Tenancy agreements – oral tenancy valid despite absence of written agreement; termination by surrender. Civil procedure – locus in quo visits discretionary; failure to visit not necessarily an error. Recordal – omission to record portions of testimony does not automatically vitiate proceedings absent prejudice.	20 February 2007
Akita Electronic Co. L.L.C. vs Mire Artan Isamil (Commercial Case No. 19 of 2006) [2007] TZHC 655 (19 February 2007) Registered trade mark ownership proven but infringement not established due to lack of samples or documentary proof, claim dismissed. Trade mark law – registered proprietor’s exclusive rights; infringement – burden of proof on proprietor; need for samples/documentary evidence to show resemblance and deception; ex parte proceedings do not relieve burden.	19 February 2007
Phoenix (T) Assurance Coo. Ltd and Another vs Mwarami Kobelo (Civil Revision No. 123 of 2004) [2007] TZHC 781 (13 February 2007) A sua motu, unnotified dismissal of a review by a magistrate lacking jurisdiction was quashed; review to be reheard. Civil procedure — Review applications — Jurisdiction under Order XLII CPC — Requirement that review be heard by the court/judge that made the order or by a judge continued attached — Sua motu dismissal without notice fatal — Disqualification where magistrate participated in execution proceedings — Costs to lie where they fall.	13 February 2007
Katungunya vs Katungunya (PC Civil Appeal 68 of 2002) [2007] TZHC 3 (9 February 2007) High Court lacks jurisdiction to hear appeals from Ward Tribunal matters once the District Court has finally determined points of law. Ward Tribunals Act s.20(3) – appeals from Ward Tribunal-originated matters – Primary Court decisions final and conclusive except on points of law to District Court; Jurisdiction – High Court lacks competence where District Court has finally determined points of law; Res judicata – as a point of law determined by District Court.	9 February 2007
Rashidi S.Katungunya vs Abdallah S. Katungunya (PC Civil Appeal No. 68 of 2002) [2007] TZHC 753 (9 February 2007) High Court lacks jurisdiction to hear appeals from Ward Tribunal matters once the District Court has finally determined points of law. • Ward Tribunals Act s.20(3) – limits on appeals arising from Ward Tribunal matters; finality of Primary Court decisions except on points of law.• Jurisdiction – District Court’s exclusive final jurisdiction on points of law arising from Ward Tribunal appeals.• Competence – High Court lacks jurisdiction where District Court has finally determined points of law.• Res judicata and Primary Court jurisdiction – properly determined by District Court.	9 February 2007
Akiba Commercial Bank Ltd vs The Minister for Labour and Others (Misc. Civil Cause No. 50 of 2004) [2007] TZHC 782 (6 February 2007) Minister’s confirmation of reinstatement upheld where referral was timely and employee was denied reasons, breaching natural justice. Employment law – unfair dismissal – time‑bar for referral to conciliation board; administrative law – review by certiorari – jurisdictional ultra vires; natural justice – duty to give reasons and right to be heard; Minister’s confirmation of Board decision upheld.	6 February 2007
Rehema Mtoro vs Kisinga B. Kisinga ((PC) Civil Appeal No. 166 of 2004) [2007] TZHC 754 (6 February 2007) Primary Courts lack jurisdiction over disputes affecting title to registered land; such proceedings are a nullity. Primary Courts — jurisdiction — exclusion of proceedings affecting title to land registered under the Land Registration Act (s.18(1)(a)(i) Magistrates' Courts Act) — judicial notice of statutory limits on jurisdiction — proceedings affecting registered land are nullities if heard in a Primary Court.	6 February 2007