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

14 judgments

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14 judgments

Citation	Judgment date
April 2007
Rwiza and Another vs Rajabu and Another (Civil Appeal 232 of 2003) [2007] TZHC 10 (30 April 2007) District Court lacked jurisdiction over unsurveyed land without High Court leave; proceedings set aside. Land jurisdiction — Unsurveyed land — Section 63 Magistrates' Courts Act — Primary Court exclusive jurisdiction for immovable property not under Government lease or right of occupancy — High Court leave required for other courts — Lack of leave renders proceedings a nullity — Estoppel and Civil Procedure Act s95 cannot cure jurisdictional defect.	30 April 2007
Mohamed Matata Saidi vs Adam Omari Mahomba (Civil Appeal No. 225 of 2002) [2007] TZHC 771 (27 April 2007)	27 April 2007
Tanzania Petroleum Dev. Corporation vs Tanzania Harbours Authority and Another (Civil Case No. 72 of 2004) [2007] TZHC 778 (27 April 2007) Preliminary objections dismissed: limitation date fixed at discovery of untraceable container; notice non‑compliance is a factual issue for trial. Procedure — Preliminary objection — limitation under s.67(b) — accrual when inability to trace goods established; notice requirements under s.66(1),(2) — factual issues and s.66(3) impracticability — Mukisa Biscuit principle that preliminary objections cannot decide facts.	27 April 2007
Tanzania Petroleum Dev Corporation vs Tanzania Harbours Authority and Another (Civil Case No. 72 of 2004) [2007] TZHC 779 (27 April 2007) Limitation under s.67(b) not breached; non-compliance with s.66 raises factual issues for trial, so preliminary objections dismissed. Civil procedure – preliminary objections – limitation under s.67(b) of the Tanzania Harbours Authority Act 1977 – whether cause of action accrues on discovery; Statutory notice requirements – s.66(1)–(2) THA Act 1977 – non-compliance raises factual issues and possible s.66(3) impracticability defence; Mukisa Biscuit principle – preliminary objections limited to pure points of law.	27 April 2007
Ntare vs William (Civil Appeal 248 of 2003) [2007] TZHC 9 (20 April 2007) Appellant failed to show grounds to vary custody or to prove theft-based matrimonial assets; appeal dismissed. Family law – custody – considerations under s.125 Law of Marriage Act – welfare of child and parental conduct. Family law – variation of custody orders – s.133 – requirement of misrepresentation, mistake of fact, or material change. Matrimonial property – division under s.114 – proof required to classify assets as matrimonial. Evidence – hearsay and witness credibility – rejection of unreliable testimony. Criminal vs civil remedy – theft allegations better pursued in criminal court.	20 April 2007
Shantilal Kanji Kotecha vs NIC and Another (Civil Case No. 167 of 2004) [2007] TZHC 686 (18 April 2007) Court upheld joinder of Receiver Manager, allowed amendment for defective verification clause, and ordered costs to the respondent. Preliminary objection – joinder of Receiver Manager – specification under Public Corporations Act s.43 – Receiver Manager must be joined per Bankruptcy Act s.9; Civil Procedure Code Order VI r.15(3) – verification must state date/place; Order VI r.17 – court’s discretion to allow amendment to cure defective verification; costs awarded to objecting party.	18 April 2007
Tanzania Big Game Safaris Ltd vs African Bush Limited (Commercial Case No. 86 of 2006) [2007] TZHC 591 (18 April 2007) Plaintiff failed to prove defendant trespassed on the plaintiff's hunting block; claim dismissed with costs. Trespass to land – hunting block allocations – boundary uncertainty from Nicholson sketch map – burden of proof on balance of probabilities (Evidence Act) – need for ground demarcation and digitisation by Wildlife Corporation – no trespass or damages proved; claim dismissed.	18 April 2007
Edward Msago vs Aga Khan Sports Club (Civil Appeal No. 15 of 2002) [2007] TZHC 772 (16 April 2007)	16 April 2007
Msago vs Agha Khan Sports Club (Civil Appeal 15 of 2002) [2007] TZHC 8 (16 April 2007) Application to enlarge time for lodging a notice of appeal was incompetent, lacking legal basis and evidential support, and dismissed with costs. Appellate procedure – limitation for Notice of Appeal governed by Court of Appeal Rules under Appellate Jurisdiction Act.* Section 14 Law of Limitation Act inapplicable where rules prescribe time for appeals.* Section 93 Civil Procedure Act limited to periods fixed by the court, not statutory limits.* Section 95 (inherent powers) not to be used where specific statutory/rule provisions exist.* Requirement to properly move the court by citing the correct legal basis.* Alleged registry misdirection unsupported by evidence is not sufficient cause to extend time.* Notice of Appeal against refusal to extend time is redundant; remedy lies to Court of Appeal.	16 April 2007
Kanoti Peter vs Mohamed Nassoro Nondo (Land Appeal No. 18 of 2005) [2007] TZHC 576 (15 April 2007) A tribunal may not order transfer of mortgaged land; a clause granting absolute ownership on default is void. Land law – Mortgage – mortgagor’s equity of redemption – clause purporting to vest absolute ownership on default void. Land (Amendment) Act 2004 – section 116(1) prohibits transfer of mortgagor’s interest to mortgagee; mortgagee’s remedies are possession and sale, not automatic transfer. Procedural – tribunal ordered transfer of title not properly prayed for; such order set aside.	15 April 2007
Augostino B. Ilomo vs SAAB Scania (T) Limited (Civil Case No. 257 of 2000) [2007] TZHC 682 (12 April 2007) Applicant failed to show sufficient cause to extend time to apply to set aside a dismissal for non‑appearance. Civil procedure – limitation – section 14(1) Law of Limitation Act – extension of time – requirement to show reasonable or sufficient cause. Civil procedure – dismissal for non‑appearance and setting aside orders – consequences of failing to obtain extension of time. Litigation conduct – negligence of counsel – litigant’s duty to be vigilant and follow up proceedings; counsel’s fault not automatically sufficient for extension.	12 April 2007
Juma Ally Malimbika vs Hamis Omary Kivugo (PC Civil Appeal No. 2 of 2004) [2007] TZHC 759 (11 April 2007) Primary Courts may administer estates including registered land; distribution disputes must be determined by a competent court. Primary Courts — jurisdiction to administer estates — applicability to registered land where customary/Islamic law governs; binding Court of Appeal authority; limits of Primary Court powers — administrator’s duty to collect and distribute estate; disputes over bequests of registered land to be litigated in competent court.	11 April 2007
The Registered Trustees of the Masjid Al-Kadiria and Another vs Ali Muhindi and Others (Land Appeal No. 9 of 2006) [2007] TZHC 652 (3 April 2007) A tribunal ruling without stated reasons is defective and must be remitted for a reasoned ruling. Civil Procedure – Rulings and judgments – Requirement to state concise statement of case, points for determination and reasons – Order XX Rule 4 CPC. Administrative fairness – Duty of tribunal to give reasons – omission may amount to abdication of judicial duty. Procedure – Preliminary objections and dismissal for non-compliance must be expressly recorded as basis of decision. Remittal – Defective ruling to be remitted for a reasoned ruling.	3 April 2007
Wambura Evarist and Others vs Fishpak (T) Ltd (Commercial Case No. 70 of 2005) [2007] TZHC 828 (3 April 2007)	3 April 2007