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.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

12 judgments

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12 judgments

Citation	Judgment date
March 2007
Laurent Mpeka vs Republic (Criminal Appeal No. 23 of 2004) [2007] TZHC 758 (30 March 2007) Appeal dismissed; conviction for theft upheld based on witnesses' direct evidence and trial court credibility findings. Criminal law — Theft — Proof beyond reasonable doubt; hearsay v direct evidence — when testimony of witnesses who observe admission or delivery of cheques is admissible; appellate deference to trial court credibility findings; evidential value of post‑dated cheques as corroborative admission.	30 March 2007
Mpeka vs Republic (Criminal Appeal 23 of 2004) [2007] TZHC 7 (30 March 2007) Appellate court upheld theft conviction, finding witnesses gave direct evidence and trial court's credibility findings were entitled to deference. Criminal law – Theft – standard of proof – assessment of credibility – hearsay versus direct evidence – admissibility of witness testimony about admissions and handing of cheques – appellate deference to trial magistrate's findings.	30 March 2007
Hassan Bharde t/a Zahir Trading Company vs Registered Trustees of Sunni Muslim Jamaat and Another (Misc. Land Appeal No. 40 of 2006) [2007] TZHC 950 (14 March 2007) Proceedings initiated by an unqualified advocate are reviewable and the Tribunal’s record must be revised under supervisory powers. Advocates Ordinance – unqualified person acting as advocate – documents drawn by unqualified advocate – effect on validity of proceedings. Civil procedure – review v. appeal – error apparent on face of record – court’s inherent supervisory powers. Courts (Land Disputes Settlements) Act s.43(1)(b) – revision of Tribunal proceedings. Referral/discipline of practitioner acting without a practising certificate.	14 March 2007
Suzana M. Chacha vs Registered Trustees of Evangelical Lutheran Church in Tanzania and Others (Civil Case No. 124 of 2004) [2007] TZHC 685 (13 March 2007) Preliminary objection dismissed: disputed factual issues (absence of contract, alleged false statements, employer identity) are for trial, not preliminary determination. Civil procedure – preliminary objection – Distinction between points of law and questions of fact – Alleged absence of contract and falsity of pleadings do not constitute preliminary points of law – Cause of action defined as operative facts giving rise to suit – Objection overruled.	13 March 2007
Suzana M. Chacha vs Registered Trustees of Evangelical Lutheran Church in Tanzania and Others (Civil Case No. 124 of 2004) [2007] TZHC 780 (13 March 2007) A factual dispute over employment/termination cannot be disposed of by preliminary objection alleging lack of contract. Civil procedure – Preliminary objection – Distinction between points of law and issues of fact – Allegations of false statements and failure to annex contract are factual matters to be proved at trial. Cause of action – Defined as operative facts giving rise to a remedy – termination and denial of employment benefits may disclose a cause of action even absent an annexed contract. Pleadings – Whether plaint discloses cause of action – factual disputes immaterial at preliminary stage.	13 March 2007
B.C Matunda and Co. Ltd vs A.K Mujulizi and Another (Civil Appeal No. 57 of 2004) [2007] TZHC 757 (12 March 2007) Default judgment after proper ordinary and substituted service cannot be stayed absent appeal or application to set aside. Civil procedure – service of process – ordinary and substituted service by publication – default judgment under Order VII r.14(1) – distinction between ex parte hearing and judgment by default – stay of execution requires pending appeal or successful application to set aside judgment.	12 March 2007
Ismail Mohamed vs Mwahija Gulam Muhamed (Civil Appeal No. 181 of 2002) [2007] TZHC 751 (8 March 2007) Resident Magistrate lacked jurisdiction; estate governed by Islamic law must be heard in the Primary Court and prior proceedings set aside. Probate and administration — Jurisdiction of courts — Resident Magistrate lacks jurisdiction to grant or revoke letters of administration absent District Delegate appointment; Estates governed by Islamic law fall within Primary Court jurisdiction under section 92 and Fifth Schedule — Proceedings found to be a nullity and set aside.	8 March 2007
Ismail Mohamed vs Mwahija Gulam Muhamed (Civil Appeal No. 181 of 2002) [2007] TZHC 752 (8 March 2007) Resident Magistrate lacked jurisdiction in probate matter; estate under Islamic law belongs to Primary Court jurisdiction, proceedings set aside. Probate and Administration — jurisdiction — Resident/Senior Resident Magistrate lacked jurisdiction absent appointment as District Delegate; estates under Islamic law fall within Primary Court jurisdiction under section 92 and Fifth Schedule to Magistrate's Court Act; proceedings nullity and set aside.	8 March 2007
Martha Clement Nyaulingo vs Bernard Y. Nyaulingo (PC. Civil Appeal No. 25 of 2006) [2007] TZHC 944 (8 March 2007) Appeal allowed where District Court heard revisional application outside the twelve‑month limit under s.22(4), quashing its decision. Magistrates' Courts Act s.22(4) — revisional jurisdiction — time limit for revision; Procedural fairness — requirement to consider extension of time application; Probate and administration — limits on District Court revision and jurisdictional excess by hearing out-of-time applications; Appointment of administrators — impropriety of suo motu appointment without application or Family Baraza recommendation.	8 March 2007
Mohamed vs Muhamed (Civil Application 181 of 2002) [2007] TZHC 6 (8 March 2007) Resident Magistrate lacked jurisdiction over an Islamic-law estate probate; proceedings set aside and to be reinstituted in Primary Court. Probate and Administration — Jurisdiction — Resident Magistrate must be appointed District Delegate to hear probate matters; absence of appointment renders proceedings nullity. Islamic law estates — section 92(1) Cap. 352 and Fifth Schedule Cap. 11 — administration lies with Primary Court unless statutory direction to apply Probate Act.	8 March 2007
Dar Es Salaam City Council vs Registered Trustees of Catholic Church- Ukonga (Misc. Civil Cause 288 of 2003) [2007] TZHC 5 (1 March 2007) Whether extension and stay were proper where an ex parte judgment arose from proceedings lacking service and proper constitution. • Civil procedure – extension of time under s.14 Law of Limitation Act – requirement to show reasonable/sufficient cause. • Stay of execution – proper forum for stay is the court which passed the decree (Order XXXIX/Order XXI principles) and not an appellate court where decree not sent for execution. • Ex parte judgment – validity requires adequate service and lawful origin of the enabling orders. • Magistrates' courts – requirement for a properly constituted Resident Magistrate's Court under s.6(1)(c) of the Magistrates Court Act. • Revisionary powers – High Court may set aside lower court proceedings under s.44(1)(b) where material irregularities cause injustice.	1 March 2007
Director Dar es Salaam English and Computing Centre (Civil Appeal No. 73 of 2004) [2007] TZHC 756 (1 March 2007) Magistrate lacked power to hear claims outside the labour officer's report; proceedings set aside and remitted. Employment law – Labour officer’s report – Magistrate empowered to try only issues in the report (s.141, s.143 Cap 366 RE 2002); pleadings not required in such proceedings; introduction of claims not in the report is unlawful and fatal to proceedings; proceedings quashed and remitted for rehearing.	1 March 2007