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
6 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
January 2013
4 January 2013
Termination for absenteeism was substantively valid but procedurally unfair; CMA award quashed and reinstatement ordered.
Labour law – unfair termination – substantive fairness: absenteeism for thirteen consecutive days justified dismissal; procedural fairness: failure to investigate and to give written notice of hearing vitiates dismissal; natural justice and GN. 42 of 2007 (Rule 13 and Schedule paragraph 4(3)); CMA award quashed; reinstatement ordered under s.40(1)(a) ELRA No.6/2004.
1 January 2013
Applicant unfairly dismissed where respondent failed to prove misconduct, breached procedural fairness and discriminated; reinstatement ordered.
Labour law — unfair dismissal: employer must prove existence of rule and that employee contravened it; procedural fairness — proper constitution of inquiry, impartial decision‑makers and compliance with disciplinary regulations; discrimination — consistent application of discipline; electronic evidence — mobile‑phone recordings and their probative weight in disciplinary/civil proceedings.
1 January 2013
Convictions based on a single, uncorroborated night-time visual identification were quashed for unreliability and unexplained delay.
Criminal law – Visual identification – Cardinal principle; need to exclude all possibilities of mistaken identity before acting on single-witness visual ID. Evidence – Corroboration – Voice identification alone unreliable and insufficient to corroborate visual ID without expert support. Procedure – Delay/unexplained failure to report suspects to police undermines identification evidence.
1 January 2013
The respondent occupying after lease expiry without valid renewal notice is a trespasser and liable for mesne profits.
Lease – renewal clause – three‑month notice required; correspondence expressing intent is not formal notice; holdover lessee occupying after expiry without valid renewal is a trespasser; mesne profits awarded at agreed commercial rate less amounts paid; entitlement to vacant possession with reasonable grace period where hospital operations are ongoing.
1 January 2013
1 January 2013