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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
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
5 judgments
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5 judgments
Citation
Judgment date
August 2007
Aron Daud Makanyanga vs Benedict Makanyanga (PC.Civil Appeal No. 97 of 2006) [2007] TZHC 986 (31 August 2007)
A stay of execution requires a pending appeal; extension applications must cite the enabling statute and justify delay.
Civil procedure — Stay of execution — Order XXXIX Rule 5 CPC requires an existing appeal; application for extension of time must invoke appropriate enabling statute (s.20(4)(a) Magistrates' Courts Act); unexplained delay and lack of supporting evidence negate sufficiency of cause; non‑citation renders application incompetent.
 31 August 2007
Tanzania Food and Nutrition Centre vs Bernard Emmanuel Bunga (Civil Revision No. 30 of 2006) [2007] TZHC 698 (28 August 2007)
The applicant succeeded in having a garnishee order against the respondent quashed for procedural irregularities.
Civil procedure — Execution — Garnishee Order — requirement of Garnishee Order Nisi and notice to show cause (Order XXI Rule 20(1)(a)); validity of drawn orders; functus officio and finality of prior trial-court rulings; remedy — revision and quashing of orders.
 28 August 2007
African Explosive (T) Ltd vs Minister of Labour and Another (Misc. Civil Application No. 27 of 2007) [2007] TZHC 729 (17 August 2007)
Leave to seek certiorari and mandamus granted; request to operate as a stay refused for lack of proper application and evidence.
Administrative law – prerogative remedies – leave to apply for certiorari, mandamus and declaration; requirements for leave – affected person and no alternative remedy; timing of application; interlocutory relief – stay of proceedings/stay of execution requires separate application and supporting affidavit; oral submissions insufficient.
 17 August 2007
Aureliani Mande vs An Administrator - CAPU motomoto Auctioneers and Another (Civil Appeal No. 281 of 2004) [2007] TZHC 763 (9 August 2007)
Sale of applicant's house executed with material irregularities and without proof of service warranted de novo hearing.
Execution of judgment – material irregularities in sale of property – sale of property not subject to attachment and without proclamation – lack of proof of service – substantial injury to judgment debtor – quash and remit for de novo hearing.
 9 August 2007
Ephraim Mutagurwa Lutazamba vs Attorney General (Civil Case No. 30 of 2005) [2007] TZHC 844 (7 August 2007)
Applicant failed to prove sufficient cause to set aside dismissal for non-appearance; lack of court clerk's affidavit was fatal.
Civil procedure – dismissal for non-appearance – Order IX r.8 and r.9 – application to set aside dismissal – requirement to show sufficient cause – need for direct corroboration (affidavit) from court officer alleged to have caused misdirection – prior history of adjournments relevant to sufficiency of cause.
 7 August 2007