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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
4 judgments
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4 judgments
Citation
Judgment date
September 2007
Masoud vs Ahmad (PC Civil Appeal 213 of 2004) [2007] TZHC 14 (14 September 2007)
District Court lacked statutory jurisdiction in a contentious probate matter; proceedings declared nullity and returned to Primary Court.
Probate and Administration — Jurisdiction of District Courts — District Delegate appointment under s.5 — "Small estate" limits under s.2(1) and s.6 — Transfer from Primary Court — Representation by advocate does not confer jurisdiction — Proceedings nullity where statutory prerequisites absent.
 14 September 2007
George B.MWasira vs Rachael G. Wasira (PC Civil Appeal No. 51 of 2006) [2007] TZHC 786 (12 September 2007)
An appeal is incompetent if accompanied by a decree not dated the day the judgment or ruling was pronounced.
Civil Procedure — Order XX r.7 CPC — Decree/drawn order must bear date of pronouncement of judgment/ruling — Improperly dated decree renders appeal incompetent — Appeal struck out with costs.
 12 September 2007
Moses R. Mmbaga vs Director, Mbulu District Council and 2 Others (Misc. Civil Cause No. 100 of 2002) [2007] TZHC 681 (11 September 2007)
Interdiction and termination by proper local and ministerial authorities were lawful; certiorari and mandamus refused.
Local Government service law; interdiction under Section 14(1) and Regulation 53; appointing/disciplinary authority under Section 14A(b); President as appellate authority; certiorari/mandamus thresholds.
 11 September 2007
Bish International B.V and Another vs Charles Yaw Sarkodie and Another (Land Case No. 9 of 2006) [2007] TZHC 697 (5 September 2007)
Preliminary objections largely fail where facts must be ascertained; plaintiff must produce board authorization or suit will be struck out.
Civil procedure – preliminary objections – Mukisa test – objection must raise pure point of law; evidence not to be annexed to submissions; corporate capacity – effect of strike-off; corporate internal authorization to sue – production of board resolution required.
 5 September 2007