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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

7 judgments

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7 judgments

Citation	Judgment date
May 2007
Mohamed M. Mohamed vs Amina Mashaka (PC Civil Appeal No. 208 of 2004) [2007] TZHC 760 (29 May 2007) The applicant's Primary Court land suit was a nullity; Primary Courts lacked jurisdiction under the Land Disputes Courts Act. Land law — Jurisdiction — Land Disputes Courts Act 2002 s.3(2), s.4(1) — Primary Courts lack jurisdiction over land disputes after commencemente — Proceedings and judgments in absence of jurisdiction are nullities — Jurisdiction can be raised at any time (suo motu).	29 May 2007
Njake Enterprises and Oil Transport Ltd and Another vs Elias Kumburu (Civil Revision No. 67 of 2004) [2007] TZHC 777 (29 May 2007) Advocate’s absence due to being in another court is not sufficient cause to set aside an ex parte judgment; revision refused. Civil procedure – ex parte judgment – Order 9 r.6(a)(ii)(B) – advocate’s absence – Order XVII r.2(c): advocate engaged in another court not ground for adjournment; functus officio – erroneous remark not amounting to illegality warranting revision.	29 May 2007
Saidi Mwinyimkuu vs Athumani Mohamed ((PC) Civil Appeal No. 40 of 1999) [2007] TZHC 768 (25 May 2007)	25 May 2007
Dr. Masumbuko R. M. Lamwai vs Advocates Committee and Another (Misc. Civil Appeal No. 18 of 2004) [2007] TZHC 564 (18 May 2007) Complaint letter sufficed for disciplinary proceedings; refund order exceeded Committee’s statutory powers. Advocates Act s.13(1)(c) – disciplinary allegations may be instigated by complaint letters; strict Form No.1/affidavit not mandatory; Committee may act where prima facie case exists; service and opportunity to answer essential; disciplinary powers limited to admonition, suspension and orders as to costs/witness expenses – no power to order general monetary ‘refunds’.	18 May 2007
Adinani Kiondo vs Kanuti D. Samato (PC. Civil Appeal No. 26 of 2003) [2007] TZHC 561 (16 May 2007) Respondent lacked locus standi and no admissible power of attorney existed, so the appellate court erred in legalising the suit. Locus standi – whether a non-owner may sue without authority; Power of attorney – admissibility and timing of proof; Affidavit by defendant insufficient to prove grant of authority; Retrospective validation of representation impermissible; Appellate court’s power – limits on regularising trial irregularities.	16 May 2007
Raphael Mhagama vs William Uronu (Civil Revision No. 61 of 2004) [2007] TZHC 776 (5 May 2007) High Court lacks jurisdiction to revise proceedings that originated in a Ward Tribunal; application dismissed with costs. Ward Tribunals – jurisdiction and appeals – appeals/revision from Ward Tribunal lie to Primary Court; point of law to District Court – District Court revisional decisions final – High Court lacks jurisdiction to revise Ward Tribunal-originating proceedings.	5 May 2007
Regional Manager, Kunming Pharmaceutical Corporation vs Paul Magasha (Civil Rev No 33 of 2003) [2007] TZHC 745 (4 May 2007)	4 May 2007

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