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
8 judgments
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Results. 8 judgments found.

8 judgments
May 2026
A Land Court lacks jurisdiction over contractual banking disputes where land is merely collateral; suit struck out.
  • Civil procedure — Lack of jurisdiction — Whether a claim for release/retention of a title deed held as security constitutes a land dispute or a contractual dispute
  • Banking law — Mortgage/secured lending — Retention and release of title deed as contractual dispute — Contractual enforcement of security vs proprietary contest
6 May 2026
April 2026
Non‑compliance with Civil Procedure Code s13 pre‑action requirement renders suit prematurely instituted and subject to strike out.
  • Civil procedure
    • — Alternative dispute resolution — Ward Tribunal proceedings and statutory notice — Whether they constitute bona fide pre-action engagement under section 13
    • — Pre-action requirements — Mandatory compliance with section 13 of the Civil Procedure Code as a condition precedent to instituting proceedings — Civil Procedure Code s13
22 April 2026
Failure to demonstrate bona fide pre-litigation engagement under section 13 CPC renders the suit incompetent and liable to be struck out.
  • Civil procedure — mandatory requirement of bona fide pre-litigation steps — statutory 90-day notice to Government distinct from section 13 compliance — suit struck out
22 April 2026
Failure to plead mandatory bona‑fide pre‑action steps under section 13 CPC renders a suit incompetent and liable to be struck out.
  • Civil procedure
    • — Pre-action requirements — Mandatory compliance with section 13 of the Civil Procedure Code as a condition precedent to instituting proceedings — Arbitration Act 2020 (s.10A) / CPC s.13
    • — Preliminary objection on competence — Competence and jurisdiction — Failure to plead compliance with statutory preconditions renders suit prematurely instituted
    • — Mandatory pre‑action bona fide steps — Statutory precondition to litigate must be pleaded and is mandatory
20 April 2026
Non-joinder of necessary parties in a land dispute warranted withdrawal with leave to refile; each party to bear own costs.
  • Civil procedure
    • — Costs — costs lie where they fall where withdrawal is early and sought in good faith
    • — Joinder of necessary parties — Non-joinder renders proceedings incapable of effective adjudication — Joinder of necessary parties (CPC Order I r.10(2) and r.3)
    • — withdrawal with leave to refile — Discretion to permit refiling where application is defective
16 April 2026
Court allowed withdrawal to refile to join allocating authority and ordered each party to bear its own costs.
  • Land law — withdrawal with leave to refile — necessary party/non-joinder of government allocating authority — mediation disclosures — costs: departure from costs follow event where withdrawal is early and reasonable
16 April 2026
Village allocations after declaration as planning area are void; plaintiffs lacked title and suit was dismissed.
  • Civil procedure — Striking out for want of prosecution — Striking out witness statements and dismissal of claims for want of prosecution
  • Evidence — Evidence and pleadings — parties bound by pleadings — Burden to prove title on balance of probabilities
  • Land law — Ownership and title — Effect of declaration of planning area — Whether village council allocations made after declaration are void (G.N. No.231 of 1993)
10 April 2026
March 2026
Whether post-election disappearance of the applicant's child justified restoring a dismissed appeal for non-appearance.
  • Civil procedure — Restoration of appeal dismissed for non-appearance — Sufficiency of reasons for non-appearance — Exercise of judicial discretion
  • Election law — Elections — Post-election unrest — Effect on court attendance and justification for non-appearance
24 March 2026