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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
8 judgments
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8 judgments
October 2003
SISI Enterprises LTD vs Minister for Lands Human Settlements Development & others (Civil Case No. 47 of 2001) [2003] TZHC 101 (16 October 2003)
Acquisition for transfer to a foreign embassy was not a statutory ‘public purpose’; acquisition invalid, market compensation awarded.
  • Land law — Compensation — equitable relief
    • — market value (willing seller/willing buyer) awarded
    • — No punitive or special damages
  • Land law — Land acquisition — public purpose — acquisition to grant land to foreign embassy not a public purpose
  • Land law — procedural compliance — failure renders acquisition invalid
16 October 2003
September 2003
Glaxo Group Limited vs Agri- Vet Limited 17 (Commercial Case No. 73 of 2002) [2003] TZHC 115 (17 September 2003)
Whether the applicant established a prima facie case and probability of success for an interlocutory injunction in a trade‑mark/passing‑off dispute.
  • Intellectual property law — Trade mark law — interlocutory injunction
    • — caution against prejudging merits at interlocutory stage
    • — irreparable harm and balance of convenience considerations
    • — passing off
17 September 2003
July 2003
In the Matter of the Arbitration Ordinance CAP & another vs Blueline Enterprises LTD & another (Misc. Civil Cause No. 307 of 2002) [2003] TZHC 94 (30 July 2003)
An arbitral award was set aside for denying the petitioner a fair opportunity to present its case; rehearing ordered.
  • Arbitration — whether incorrect statutory citation is fatal — denial of opportunity to file reply, lead oral evidence or make final submissions — misconduct/denial of fair hearing — setting aside arbitral award and ordering rehearing before alternate arbitrator
30 July 2003
Tanzania Tractors Manufacturing CO LTD ./ PSRC vs Gracious Mwanguya & another (Civil Appeal No. 302 of 2001) [2003] TZHC 98 (25 July 2003)
A subordinate court’s adjudication of bankruptcy-related disputes without delegated High Court jurisdiction is a nullity.
  • Jurisdiction — Bankruptcy jurisdiction resides in the High Court unless delegated — Whether bankruptcy jurisdiction vests in the High Court and requires delegation under s 97 of the Bankruptcy Ordinance — Bankruptcy Ordinance s 97
  • Administrative law — Public corporations — Whether PSRC may be joined as official receiver following declaration as a Specified Public Corporation — Effect of GN 321 and appointment/joinder of official receiver
  • Civil procedure — Nullity of proceedings — Proceedings and decrees purporting to be of the High Court but heard by a magistrate without proper jurisdiction are nullities — Quashing of proceedings, judgment and decree
25 July 2003
Morgan Brigette Mandica Shilina vs Corrado Venettoni (Civil Revision No. 62 of 2003) [2003] TZHC 103 (22 July 2003)
A High Court set aside a district custody order for lack of jurisdiction and restored custody to the primary carer, prioritising the child’s welfare.
  • Family law
    • — Jurisdiction — Requirement of domicile or residence under s77(4) Law of Marriage Act
    • — Jurisdictional defect — Effect of foreign custody orders and lis pendens on domestic jurisdiction
    • — Best interests of the child — Compliance with section 125(2) LMA and reliance on social welfare report — Article 3 UNCRC
22 July 2003
May 2003
Fadhila Mohamed Gugu vs Mohamed Mashamu Mpoto (Misc. Civil Application No. 106 of 2003) [2003] TZHC 112 (23 May 2003)
High Court granted mandatory leave to sue for trespass on unregistered village land in a District Court rather than the Primary Court.
  • Civil procedure — ex parte application for leave to institute suit in District Court — statutory precondition satisfied and leave granted
  • Land law — unregistered village land — forum — leave of High Court required under proviso to s.63 Magistrate's Courts Act to commence proceedings outside Primary Court
  • Trespass — intended suit concerning immovable property held as unregistered village land
23 May 2003
Wambura Warioba & others vs Tanzania Parking Systems Limited & another (Misc. Civil Application No. 96 of 2003) [2003] TZHC 111 (22 May 2003)
Court granted applicants leave to institute a representative suit for terminal benefits against the respondent company.
  • Representative action — Order 1 Rule 8 CPC — leave to sue on behalf of numerous claimants — authorization by fellow claimants — multiplicity of parties and common interest — suit for terminal benefits.
22 May 2003
February 2003
Ngeresa S. ngeri & others vs Ultimate Security Limited (Misc. Civil Cause No. 116 of 2001) [2003] TZHC 108 (24 February 2003)
Application for execution was challenged as incompetent because the named Conciliation Board lacked lawful existence.
  • Conciliation Boards — competence of execution — GN 155 of 1965 requires boards be established in existing districts — decisions of boards not lawfully constituted are not enforceable.
24 February 2003