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

9 judgments

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9 judgments

Citation	Judgment date
December 2001
Engen Petroleum (T) Limited vs Tanzania Revenue Authority (Civil Case No. 36 of 2001) [2001] TZHC 35 (1 December 2001) Applicant failed to show prima facie VAT exemption or irreparable harm; injunction against tax collection dismissed. * Civil procedure – interlocutory injunctions – requirements: prima facie case, probability of success, irreparable harm, balance of convenience. * Tax law – Value Added Tax – exemption must be expressly provided; certificate of incentives not automatically exempting VAT. * Public law – courts cautious in restraining collection of public revenue.	1 December 2001
November 2001
Dar es Salaam Yatch Club & another vs Dominic Karigwa sigwa (Misc. Civil Cause No. 139 of 2001) [2001] TZHC 45 (10 November 2001) Leave to appeal refused where trial court rightly found jurisdiction and proper plaint verification; no point of law arose. Appellate procedure — leave to appeal — absence of question of law; Civil procedure — preliminary objection on pecuniary jurisdiction; Pleadings — sufficiency and verification of plaint (Order VI r.15 vs Order XIX); Undefended counterclaim — timing of judgment entry when preliminary objections pending.	10 November 2001
September 2001
Chandrakant G. Patel vs Hamanshu D. Patel (Civil Case No. 324 of 2001) [2001] TZHC 37 (20 September 2001) Applicant granted temporary injunction restraining respondent from managing company affairs or handling funds pending main suit. Interim injunction — preservation of status quo — restraint on management and financial dealings of a company pending suit — unopposed application and affidavit considered sufficient for interlocutory relief.	20 September 2001
Mtumwa Binti Salum Rajabu vs Jackson Zephania Ludingija (Civil Revision No. 69 of 2001) [2001] TZHC 38 (17 September 2001) Court upheld status quo after applicant's death and ordered estate-funded security pending legal representation. Civil procedure — Revision — Interlocutory status quo orders — Effect of death of a party on interlocutory relief; Preservation of property pending appointment of legal representative; Security measures and charging costs to deceased's estate; Remittal of record for further disposal.	17 September 2001
July 2001
Tanzania Saruji Corporation vs Azania Investments and Management Services Limited @AIMS GROUP (Civil Case No. 341 of 1999) [2001] TZHC 47 (28 July 2001) An unparticularized counterclaim and admission of debt do not disclose a bona fide triable issue to defeat summary judgment. * Civil procedure — Order 35 summary procedure — leave to appear and defend — requirement to disclose bona fide triable issues with particulars; * Counterclaim — unparticularized allegation insufficient to defeat summary judgment; * Admission of debt — strong basis for summary judgment absent factual defence.	28 July 2001
Mwajuma Mohamed Njopeka vs Juma Said Mkorogoro (P.C. Civil Appeal No. 6 of 2001) [2001] TZHC 32 (13 July 2001) Primary Court erred in adopting BAKWATA recommendation; court must assess contributions under s.114 and ensure equal, effective remedies. * Family law – Division of matrimonial assets – Law of Marriage Act s.114 – consideration of each spouse's contributions (including domestic services). * BAKWATA – limited conciliatory role; court must independently determine division of assets. * Constitutional principle – equality before the law – adequacy of monetary award and effective remedy. * Remedies – in-kind transfer (house) substituted for inadequate monetary award; appellate substitution of orders.	13 July 2001
June 2001
Ayaz R. Teja & another vs Crown Finance and Leasing Limited (Civil Case No. 114 of 2001) [2001] TZHC 36 (28 June 2001) Applicants obtained a temporary injunction restraining enforcement of a disputed mortgage pending trial. Mortgage enforcement – interlocutory injunction – prima facie triable issue as to discharge and variation of mortgage; irreparable harm from sale of residential property; balance of convenience favouring restraint.	28 June 2001
CRDB Bank Limited vs Damas Joseph Mallya (Civil Application No. 63 of 2000) [2001] TZHC 807 (11 June 2001) Reported Civil Practice and Procedure - Damages - Damages not pleaded - Whether damages not pleaded are awardable - Order VII rule 7 of the Civil Procedure Code 1966. Civil Practice and procedure - Interest on damages - Whether bank rate applicable - Order XX, rule 21 of the Civil Procedures Code 1966.	11 June 2001
Gulya Mohamed vs Ahmed Makamo (Civil Appeal No. 45 of 2001) [2001] TZHC 34 (8 June 2001) Appellate court set aside a discriminatory 5% award and ordered equal division of matrimonial house under s.114 and constitutional equality. * Family law — Division of matrimonial property — Application of section 114, Law of Marriage Act — consideration of contributions in money, property and work. * Constitutional law — Equality — Article 13(1) — discriminatory reasoning based on gender stereotypes unlawful. * Evidence — Consequence where one party adduces no evidence of contribution — appellate correction of unequal division. * Remedy — Valuation, buy-out or sale and equal sharing of proceeds; return of household items disposed without consultation.	8 June 2001