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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.

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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

6 judgments

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6 judgments

Citation	Judgment date
October 2013
CRDB Bank vs Allen Butembero (Misc. Application No. 74 of 2013) [2013] TZHC 2470 (30 October 2013) Negligent miscalculation of the limitation period does not constitute good cause for extending time to seek revision. Labour procedure – extension of time to apply for revision – applicant’s counsel’s inadvertent miscalculation and negligence do not constitute good cause – strict application of limitation rules – substantial delay despite prior 14‑day extension – application dismissed.	30 October 2013
Registered Trustees of the Goodwill Trust for Marginalised Groups t/s Stabela English Medium Academy vs Tanznaia National Roads Agency (Civil Case No. 58 of 2012) [2013] TZHC 2543 (24 October 2013) The Defendant cannot be sued outside of contractual matters as per Tanzanian law. Administrative law – Executive agency capability – TANROADS legal status – Suitability of suing an agency only in contract.	24 October 2013
Ruby Creek Resources vs Julius Tengeneza and Others (Misc. Application No. 97 of 2013) [2013] TZHC 2471 (21 October 2013) Court rejected the applicant's excuse for delay but granted a one-week extension to clarify ambiguities in the mediated award. Labour law – extension of time to apply for revision of CMA mediated award – requirement to show good cause for delay; Mediated award ambiguity – inconsistent number of beneficiaries and unspecified monetary amount; Execution of decree – may proceed but can be stayed if decree amount deposited and revision application filed on time.	21 October 2013
Eva Abdallah vs The Director of Public Proosecutions (Criminal Appeal No. 132 of 2012) [2013] TZHC 2514 (9 October 2013) Appellate court set aside excessive maximum sentence for defiling the Quran, stressing mitigating factors and s.35 sentencing options. Criminal law – Sentencing – Offence under s.125 Penal Code (defilement of holy book) – Application of s.35 (misdemeanour sentencing, option of fine) – Mitigating factors (age, first conviction, provocation) – Whether maximum sentence justified by public order concerns.	9 October 2013
Saad Ally Mluka and Another vs The Republic (Criminal Appeal No. 58 of 2013) [2013] TZHC 2518 (7 October 2013) The applicant’s appeal contesting identification, arrest evidence and voluntariness of confessions is dismissed. Criminal law – Armed robbery – identification of stolen property by recent possession and colour; production of seized item and receipt as cogent proof; Evidence – no minimum number of witnesses; voluntariness of cautioned statements – burden and inquiry; evaluation of circumstantial evidence and 'recent possession' doctrine.	7 October 2013
Omary Shabani Nyambu vs Dodoma Water and Sewerage Authority (Land Case No 180 of 2007) [2013] TZHC 2767 (2 October 2013) The applicant's trespass claim was time-barred under the three-year limitation for torts and dismissed with costs. Limitation of actions – tort (trespass) – Item 6, First Schedule, Law of Limitations Act (Cap 89 R.E.2002) – three-year limitation period – time-barred claim – dismissal for incompetence.	2 October 2013

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