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

13 judgments

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13 judgments

Citation	Judgment date
August 2013
Emmanuel Jagelo and 3 Others vs Multimodal Transport Africa Ltd (Misc. Commercial Application Case No. 42 of 2012) [2013] TZHC 2437 (30 August 2013) Incurable jurat defects (missing name/place/date) invalidate affidavits and the applications they support; court may raise this sua sponte. Civil procedure – Affidavit formalities – Jurat must state name, place and date of attesting notary/commissioner – omission renders affidavit incurably defective. Statutory interpretation – "shall" connotes mandatory duty under Interpretation of Laws Act. Procedure – Court may raise points of law suo motu; incurable jurat defects invalidate supporting applications.	30 August 2013
Z. S. Mkondya and Others vs National Bank of Commerce Ltd (Misc. Civil Appeal No. 10 of 2010) [2013] TZHC 2269 (30 August 2013) Redeployment Committee could represent union branches; unexplained revisional reversal quashed and single-judge award restored. Employment law – redundancy – Redeployment Committee’s authority under Voluntary Agreement and Security of Employment Act to represent union field branches; Procedural fairness in retrenchment – requirement for consultation and labour officer approval; Appellate review – necessity of reasons when reversing trial awards.	30 August 2013
Nasiri Salehe @ Chilly vs Republic (Criminal Appeal No. 49 of 2013) [2013] TZHC 2546 (29 August 2013) The appellant’s failure to meet court-ordered filing deadlines rendered the appeal time-barred and it was struck out. Criminal procedure — appeal out of time — court-ordered filing deadlines — Notice of intention to appeal and petition of appeal — adequacy of explanation for delay — preliminary objection upheld; appeal struck out.	29 August 2013
Sixberty Haule & Another vs Raymon Haule & Another (Civil Revision 60 of 2012) [2013] TZHC 2034 (27 August 2013) Application struck out for invoking supervisory (s.30 MCA) instead of revisional jurisdiction; no costs ordered. Civil procedure – jurisdiction – supervisory (administrative) powers vs. revisional jurisdiction under the Magistrates' Courts Act; s.30(1)(a) and (b)(i) MCA confers supervisory, not revisional, powers; Revisional jurisdiction over Primary Court-originated matters: s.31 MCA; Revisional jurisdiction over District/Resident Magistrates' original jurisdiction: s.44(1)(b) MCA; Wrong/enabling provision cited renders application incompetent – strike out; Leave to re-file may be refused where procedural prejudice is likely.	27 August 2013
Ismail Said Mpelemende and 3 Others vs Tanzania Ports Authority (Labour Case No. 11 of 2011) [2013] TZHC 2399 (26 August 2013) Representative unfair-termination claim filed in court must be referred to CMA; Labour Court transferred the complaint for arbitration. Labour law – Jurisdiction – Representative suits – Whether unfair termination disputes must first be referred to CMA under Rule 10(1) – Application of s.94(3)(a)(i),(ii) of the Employment and Labour Relations Act – Transfer to CMA for arbitration.	26 August 2013
Fatuma Khatibu vs Consolidated Holding Corporation (Misc. Civil Application No. 75 of 2008) [2013] TZHC 2406 (23 August 2013) Delay excused where initial procedural error was caused by an unqualified person acting without a practising certificate. Extension of time – sufficient cause – ordinarily counsel’s mistake not sufficient; representation by unqualified person – practising certificate required; acts of unqualified representative not imputable to client; Section 93 Civil Procedure Code.	23 August 2013
Joseph Syldior and Others vs Tanzania Electric Supply Co. Ltd (Labour Dispute No. 25 of 2010) [2013] TZHC 2449 (23 August 2013) Labour Court lacks jurisdiction until dispute on fairness of termination is first referred to CMA; complaint transferred for mediation. Labour law — Jurisdiction — Mandatory mediation at the Commission for Mediation and Arbitration before Labour Court — Employment and Labour Relation Act sections 86 and 94(2)(a); Procedural objections — time limitation and formality of signatures — court may transfer premature matters to CMA under s.94(3)(b)(i).	23 August 2013
Khamis Muhonde & 42 Others vs Quiam Steel (Misc. Appl. No. 74 of 2011) [2013] TZHC 2398 (23 August 2013) Application for leave to appeal struck out for defective affidavits and failure to cite the correct enabling Labour appeal provisions. Labour law — leave to appeal — procedural compliance — correct citation of enabling provisions (Labour Institutions Act s.57; Labour Court Rules r.54 and r.24(11)) — defective affidavits — non‑citation renders application incompetent — strike out with liberty to refile.	23 August 2013
National Insurance Corporation of Tanzania Limited vs George T. Mockray and Others (Misc. Civil Application No. 158 of 2010) [2013] TZHC 2771 (16 August 2013) Late supply of certified judgment copies justified granting the applicant an extension of time to file an appeal. Administrative law – Limitation of actions – Extension of time under section 14(1) Law of Limitation Act – Late supply of certified copies of proceedings, judgment and decree – Time for filing appeal runs from supply of documents – Exclusion under section 19 not applicable where supply occurs after expiry.	16 August 2013
Makamba Mwaruka and Others vs Tanzania Telecommunications Company Ltd (Misc Civil Application No. 2 of 2009) [2013] TZHC 2500 (12 August 2013) Employer circular on minimum salary applies to existing oral‑contract employees; appellants entitled to salary differential. Employment law – employer circulars – Waraka wa Utumishi No.11 of 1999 – applicability to existing employees on oral contracts; requirement to formalise oral contracts; entitlement to minimum salary differential; overtime circular (P3) inapplicable where not pleaded.	12 August 2013
Ephraim Joram vs Director Tanga Cement Company Ltd (Misc. Application No. 71 of 2013) [2013] TZHC 2483 (9 August 2013) High Court declines review where disputes were improperly filed and must first be determined by the CMA under statutory procedure. Labour law – Review jurisdiction – Improper filing and lack of merits hearing at CMA bars High Court review; alleged second contract must be determined by CMA under s.42(2) – Res judicata and procedural compliance – role of the Labour Commissioner.	9 August 2013
Tanzania Auto Motive Tech. Centre vs Lt. Col Lawrence L. Mwakipesile (Rev. No 260 of 2012) [2013] TZHC 2372 (9 August 2013) Absence of required public-service approval rendered the employment contract void and the CMA award was set aside. Labour law – Mediation and arbitration – mediator acting as arbitrator without formal appointment; parties’ consent to mediator-arbitrator – reviewability. Public service employment – requirement for Principal Secretary approval (S.19(1) GN.168/2003) – failure to obtain approval renders contract null ab initio. Jurisdiction – CMA lacks mandate to entertain disputes arising from void employment contracts.	9 August 2013
Tanzania Agricultural Workers Union vs Gadiel Nyindo (Revision No. 136 of 2012) [2013] TZHC 2435 (2 August 2013) Application to revise an ex parte CMA award was improperly brought and time‑barred; applicant should have sought review of CMA's refusal. Labour law – arbitration – ex parte arbitration award; procedural requirement to apply to CMA to set aside ex parte award (s.88(8)); remedy after CMA refusal is review of refusal, not revision of original award; time limitation and compliance with court‑granted filing period.	2 August 2013