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

258 judgments

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258 judgments

Citation	Judgment date
January 2016
National Biycles Company Limited vs Shangai Phoenix Imports and Exports Company Limited (Civil Case No. 58 of 2010) [2016] TZHC 2682 (27 January 2016) Registered trade mark ownership alone insufficient; hearsay and unallocated statistics failed to prove infringement, suit dismissed. Trade mark law – Registered ownership confers exclusive right – Proof of infringement requires admissible, probative evidence – Defendant's default does not reduce plaintiff's burden of proof – Hearsay and unallocated import statistics insufficient to establish infringement – Damages not awarded where infringement not proved.	27 January 2016
Athumani Ally Mwakasimba vs Hadija Halidi (Misc. Civil Case Revision No. 2 of 2014) [2016] TZHC 2781 (16 January 2016) High Court quashed lower‑court rulings where conflicting typed judgments and improper reclassification of an appeal caused record confusion. Magistrates' Courts Act s.30(1)(a) — High Court revisional jurisdiction; suo motu conversion of appeal by District Court; conflicting/duplicative typed judgments in Primary Court; procedural irregularity warrants quashing and correction of court records.	16 January 2016
Isaya Paul Philip vs Republic (Misc. Economic Cause No. 7 of 2016) [2016] TZHC 2622 (10 January 2016) The court granted bail to the applicant, imposing EOCCA‑mandated half‑value deposit and bonded sureties. Bail — right to bail; test: interests of justice vs public peace; EOCCA ss.36(5) & (6) — mandatory half-value cash deposit and bond where property value exceeds Tshs.10,000,000; conditions for sureties, surrender of travel documents, reporting and verification.	10 January 2016
Kassim Hassan Said @ Bedui and Another vs Republic (Misc. Economic Cause No. 6 of 2016) [2016] TZHC 2621 (3 January 2016) Applicants charged under EOCCA granted bail subject to mandatory half-value cash deposit and strict conditions. Bail – Economic and Organized Crime Control Act (EOCCA) – Sections 36(5) and (6) – mandatory cash deposit equal to half value where property >10 million shillings – remainder secured by bond. Bail – High-value property offences – requirement to apportion half-value cash deposit among multiple accused. Bail conditions – sureties (including one government employee), surrender of travel documents, movement restriction, reporting to Regional Crimes Officer, mandatory court attendance. Criminal procedure – balancing interests of justice and public order when exercising bail discretion.	3 January 2016
Sanent Paving Blocks Ltd vs Siha Enterprises Limited and Another (Civil Case No. 210 of 2016) [2016] TZHC 2763 (1 January 2016) Commercial lessee breached machinery hire agreement and issued dishonored cheques; plaintiff awarded unpaid balance with commercial interest. Contract law – Lease/hire of machinery – Existence of written lease and proof on balance of probabilities. Breach of contract – Failure to pay agreed monthly rent and partial payments. Negotiated compromise – agreed reduced claim but non-payment. Negotiable instruments – Issuance of dishonored cheques; negligence of director/signatory. Remedies – Damages and commercial interest; decretal interest and costs. Evidence – Ex parte hearing due to defendants' non-appearance.	1 January 2016
Stanslaus Anthony and Another vs Charles Rwechungura and Another (Misc Civil Application No. 795 of 2016) [2016] TZHC 2618 (1 January 2016) Whether the Treasury Registrar may be joined in execution after statutory succession of a public corporation’s assets and liabilities. Public corporations — receivership/receiver-manager — liability for sale of assets and payment of creditors — interaction between statutory succession (PSRC → CHC → Treasury Registrar) and execution proceedings. Civil procedure — joinder of parties by operation of law — whether Treasury Registrar may be joined in execution for liabilities arising before statutory transfers. Statutory interpretation — applicability of Bankruptcy Rules, Bankruptcy Act, NBC (Re-organization and Vesting) Act amendments versus Companies Act s.301 for public corporations.	1 January 2016
Treasury Registrar vs Ephrem Bateu Kavishe (Misc. Civil Application No. 680 of 2016) [2016] TZHC 2620 (1 January 2016) Illegality in a judgment (improper classification of property and non-joinder) can justify extension of time to appeal. Civil procedure – extension of time to appeal – illegality of impugned judgment as sufficient cause; non-joinder of necessary parties (Attorney General/CHC) and classification of property as matrimonial without proof; appellate restraint from deciding substantive issues on extension applications.	1 January 2016
Wilson Chacha vs Meneja Mkuu Dawasco (Revision No. 106 of 2016) [2016] TZHC 2644 (1 January 2016) Whether an ex parte garnishee/execution order can be lifted or overruled by another registrar or sua sponte without hearing the parties. Labour execution — ex parte execution and garnishee orders — procedure to set aside ex parte orders — whether ex parte orders can be lifted absent pending revision/review — registrar's powers and functus officio — court raising jurisdictional and computation issues suo motu without hearing parties — validity of multiple rulings/draw orders with differing dates.	1 January 2016