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

16 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

16 judgments

Citation	Judgment date
September 2013
Mariagoreth Lukamilwa vs Bernard Alwina Lyimo (Land Case No. 24 of 2013) [2013] TZHC 2175 (30 September 2013) Whether the plaintiff's High Court suit is barred as sub judice under section 8 of the Civil Procedure Code. Civil procedure – Subjudice rule (s.8 Civil Procedure Code) – Stay of proceedings where same subject matter and same plaintiff pending before another tribunal; preliminary objections on locus standi and jurisdiction not determined.	30 September 2013
Mariagoreth Lukamilwa vs Bernard Alwina Lyimo (Land Case No. 24 of 2013) [2013] TZHC 2472 (30 September 2013) Court stayed suit as subjudice under section 8 pending determination of a prior tribunal land application. Civil Procedure — subjudice rule (s.8 Civil Procedure Code) — identical subject matter and same plaintiff — differing defendant names do not avoid subjudice — stay of proceedings to avoid conflicting judgments.	30 September 2013
Nazareth Amon vs New Africa Casino Ltd (Civil Revision No. 72 of 2012) [2013] TZHC 2542 (30 September 2013) Revision permitted against a post-judgment stay of execution; s.79(2) covers decided applications, not only suits. Interlocutory orders — stay of execution — revisional jurisdiction — interpretation of s.79(2) Civil Procedure Code and s.43(2) Magistrates' Courts Act — 'any case' includes decided applications — revision competent where order made post-judgment.	30 September 2013
Leza Ally Mnukwa vs Mtibwa Sugar Estates Ltd (Revision No. 339 of 2013) [2013] TZHC 2347 (26 September 2013) Redundancy amounted to constructive dismissal without consultation; employer ordered to pay twelve months' compensation. Employment law – redundancy and operational requirements – constructive dismissal where employer’s conduct renders employment intolerable; statutory consultation and disclosure obligations under ELRA s38; remedy of compensation under ELRA s40(1)(c).	26 September 2013
Nathan Kithaniel Kafanabo and Others vs Tanzania Portland Cement Co. Ltd and Another (Misc. Civil Application No. 116 of 2000) [2013] TZHC 2381 (25 September 2013) A prior ruling that the High Court has jurisdiction precludes a later jurisdictional objection; suit proceeds to trial. Jurisdiction — preliminary objection — interlocutory ruling — functus officio — Group Life Insurance under trust deed — employment/trade dispute jurisdiction.	25 September 2013
Zuhura S. Fumba vs Tanzania Electric Supply (TANESCO) (Misc. Civil Appeal No. 5 of 2010) [2013] TZHC 2503 (17 September 2013) Full Bench wrongly determined employment contract suo motu; unfair dismissal warranted reinstatement or statutory compensation, debt deductible. Employment law – unfair dismissal – employee suffering mental illness – requirement to afford opportunity to be heard; Industrial Court jurisdiction – s.58(3) Employment Act – contract determined only on application by a party; Remedy – reinstatement as primary remedy, statutory compensation under s.40(3) where reinstatement impracticable; Deduction of employee debt from dues.	17 September 2013
Kitubora Diwani Salum vs Chuki Juma Mwinyigoha and Others (Misc. Civil Application No. 15 of 2013) [2013] TZHC 2479 (13 September 2013) Court allowed inquiry into injunctive relief to protect a deceased's estate, rejecting objections on citation and locus standi. Civil procedure – interim relief in absence of pending suit – Court’s inherent powers under ss.68(c) and 95 to grant injunctions to prevent defeat of justice; procedural mis‑citation not fatal where form and enabling provisions complied with; locus standi of heir to protect deceased's estate.	13 September 2013
Kitubora Diwani Salum vs Chuki Juma Mwinyigoha and Others (Misc. Civil Application No. 15 of 2013) [2013] TZHC 2547 (13 September 2013) Court allows injunctions under inherent powers and ss.68/95; applicant heir has locus standi; preliminary objection dismissed. Civil procedure — temporary injunctions — requirement of pending suit under Order XXXVII r.1 — inherent powers and ss.68(c) & 95 to grant relief in urgent cases — chamber summons procedure under O.XLIII r.2 — incorrect citation of law not necessarily fatal — locus standi of heir to protect estate assets.	13 September 2013
Kitubora Diwani Salum vs Chuki Juma Mwinyigoha & Others (Misc. Civil Application No. 15 of 2013) [2013] TZHC 2177 (13 September 2013) An heir may seek urgent injunctive relief to protect a deceased’s estate; wrong citation is not fatal to competence. Civil procedure – Temporary injunctions over deceased’s estate – Whether injunctive relief requires a pending suit under O.XXXVII r.1 – Court’s inherent powers and ss.68 & 95 of the Civil Procedure Code permit urgent relief to prevent defeat of justice – Incorrect statutory citation not necessarily fatal – Locus standi of heir to protect estate and seek surrender of documents.	13 September 2013
Mwanahawa Selemani vs Vitus Kilian Mkane (PC Matr. Civil Appeal No. 8 of 2012) [2013] TZHC 2508 (13 September 2013)	13 September 2013
Fikirini Issa Kocho vs Computer Logix Ltd and 2 Others (Civil Case No. 151 of 2012) [2013] TZHC 2440 (12 September 2013) General/evasive denials in a written statement of defence amounted to constructive admissions, permitting judgment on admission. Civil Procedure – Order VIII rr.3–5 – Specificity of denials; general/evasive denials deemed constructive admissions; s.60 Evidence Act – admissions need not be proved; Order XII r.4 – judgment on admissions; written statement of defence signed on behalf of multiple defendants binds them.	12 September 2013
Leutanant S. Christopher vs The Attorney General and Another (Civil Case No. 213 of 1999) [2013] TZHC 2496 (12 September 2013)	12 September 2013
M/s Ndihesi Enterprises Limited vs Exim Bank (Tanzania) Limited and 2 Others (Civil Case No. 4 of 2012) [2013] TZHC 2439 (6 September 2013) Court held the suit was timely and omission of exact date in plaint did not invalidate the claim. Civil procedure – limitation of actions – account claims – Part 1 item 12 Law of Limitation Act (six years); pleading requirements – Order VII r.1(e) Civil Procedure Code – facts and date of cause of action; discovery as triggering cause of action; liberal interpretation of pleading omissions.	6 September 2013
M/s Ndihesi Enterprises Limited vs Exim Bank (Tanzania) Limited and Others (Civil Case No. 4 of 2012) [2013] TZHC 2541 (6 September 2013) Court held the claim was not time‑barred and rejected objection for omitting the exact date of the cause of action. Limitation of actions – cause of action and discovery – suit for an account (six-year limitation); Civil Procedure – Order VII r.1(e) – requirement to state facts and date of cause of action; pleadings – sufficiency and liberal interpretation; preliminary objections dismissed with costs.	6 September 2013
Morris Hamza Aziz vs Angelina Simon Mhavile and Another (Land Case No. 108 of 2012) [2013] TZHC 2674 (2 September 2013) Whether the applicant's claim for specific performance was maintainable after respondents transferred the land titles. Land law – Sale agreement – Specific performance – Maintainability after purchaser's default and subsequent transfer of original title documents to a third party.* Civil procedure – Preliminary objection – Cause of action – Whether plaint discloses cause of action against a non‑party to the agreement.* Remedies – Equitable relief for specific performance unavailable where subject matter has been transferred to third party and applicant defaulted under contract.	2 September 2013
Quality Group Ltd vs Image Properties and Estate Ltd (Land Case No. 59 of 2012) [2013] TZHC 2438 (2 September 2013) A plaint need only plead facts showing jurisdiction; res subjudice and no-cause objections failed on the pleaded facts. Civil Procedure — Order VII r.1(f) — plaint must state facts showing jurisdiction, not necessarily a separate paragraph; Civil Procedure — Section 8 — res subjudice requires the matter in issue to be directly and substantially the same in a previously instituted suit; Civil Procedure — Cause of action — expiry of lease does not extinguish claim based on refusal to allow removal of tenant's property.	2 September 2013