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

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10 judgments

Citation	Judgment date
November 2004
Leila Sheikh vs Executive Chairman of Tanzania Comm. Aids & others (Misc. Civil Cause No. 21 of 2004) [2004] TZHC 50 (18 November 2004) High Court lacks jurisdiction where ordinary courts provide adequate remedies for claims framed as constitutional breaches. Constitutional jurisdiction — Article 30 and Basic Rights and Duties Enforcement Act — s.8(2) — adequate alternative remedies — ordinary civil/criminal matters not requiring constitutional interpretation — preliminary objections procedure (objections to objections improper).	18 November 2004
Tatu Abdallah vs Republic (Misc. CR. Application No. 49 of 2004) [2004] TZHC 51 (8 November 2004) If an accused denies understanding admissions at a preliminary hearing, the court may order those facts be formally proved. Criminal procedure – Preliminary hearing – s.192(3) & (4) CPA – facts in PH memorandum deemed proved but court may in interest of justice direct formal proof – accused's lack of understanding of admissions – prosecution's burden to prove case beyond reasonable doubt.	8 November 2004
October 2004
Maunga Seed Company (T) Ltd vs Secretary to the Treasury, Ministry of Finance and National Planning: Government of the Republic of Zambia & Another (Civil Case 99 of 2003) [2004] TZHC 13 (13 October 2004) Failure to notify the other contracting government and to exhaust contractual consultations rendered the suit improperly before the court. Contract/procurement — International/state contracts — Pre-litigation procedure to sue a foreign government — Requirement to notify/consult other contracting state and its Attorney General; Contractual dispute resolution — Clause requiring good-faith mutual consultations/arbitration — Exhaustion of remedies before court; Procedural law — Suit improperly before court — Dismissal with costs.	13 October 2004
September 2004
Kalunga & Another vs National Bank of Commerce LTD (Civil Reference No. 4 of 2004) [2004] TZHC 62 (10 September 2004) Schedule IX governs advocates' instruction fees in contentious matters; perusal fees are separate and Taxing Master erred in applying Schedule XI. Advocates Remuneration — GN 515/1991 — Rule 40 — omission of Schedule IX (lapsus calami) — Schedule IX applicable to instruction fees in contentious proceedings; Perusal fees—distinct taxable item; Liquidated vs unliquidated claims — ascertainment for Schedule IX; Taxing Master discretion — must be reasoned; High Court review — intervene only for error of principle; VAT — proof of registration required.	10 September 2004
August 2004
Hidaya Ally vs Amiri Mlugu (PC Civil Appeal No. 55 of 2004) [2004] TZHC 64 (2 August 2004) A rebuttable presumption of marriage arises from prolonged cohabitation; courts may still divide property but equal sharing is not automatic when contributions and registration show unequal interests. Family law – presumption of marriage under section 160 arising from cohabitation – presumption rebuttable by evidence; property division on cohabitation – contributions (money, work, supervision) considered under section 114; equal division not automatic where documentary and evidential proof show unequal interests.	2 August 2004
June 2004
Bhaloo and Another vs Bora (Civil Case 179 of 2003) [2004] TZHC 12 (23 June 2004) A mandatory interlocutory injunction is extraordinary and may be granted only in compelling cases; non-compliance with procedural orders can render an application unopposed. Civil procedure – interlocutory relief – mandatory injunctions are extraordinary and granted only in rare, compelling circumstances; courts may treat failure to file ordered submissions as rendering an application unopposed.	23 June 2004
May 2004
Glaxo Group Limited vs Agri-vet Limited (Commercial Case No. 73 of 2002) [2004] TZHC 73 (6 May 2004) Packaging resemblance found to cause trademark infringement and passing off; plaintiff awarded reliefs and costs. Trademark law — infringement under Trade and Service Marks Act s.31–32; passing off — get‑up/packaging imitation; ordinary‑consumer test for confusion; well‑known mark evidence; registration not a defence to passing off.	6 May 2004
March 2004
Ndeshiso David Ndossi vs Tanzania Telecommunication Co. Ltd and Another (Civil Case No. 89 of 2001) [2004] TZHC 75 (4 March 2004) Leave to appeal refused where the applicant misinterpreted CPC amendments and filed its defence out of time. Civil procedure – summons – effect of amendments to Order V and application of Order VIII regarding summons to file written statement of defence; time limits for filing defences (21 days) and consequences of non-compliance; leave to appeal under s.5(1)(c) AJA – requirement of prima facie grounds, misinterpretation of law insufficient.	4 March 2004
January 2004
Peter Mwita vs National Dev. Corp (Civil Appeal No. 144 of 1996) [2004] TZHC 76 (16 January 2004) Leave to appeal refused where claim was res judicata and no prima facie grounds merited the Court of Appeal. * Appellate procedure – leave to appeal under s.5(1)(c) AJA – leave requires prima facie grounds meriting appeal.* Civil procedure – res judicata – covers issues closely connected to subject matter that could and should have been raised earlier – abuse of process to relitigate.* Test for leave – not mere arguability but prima facie merit.	16 January 2004
Ilala Municipal Council vs Quaker (Misc. Civil Application 90 of 2004) [2004] TZHC 2 (1 January 2004) Lack of notice and an undated judgment copy constituted reasonable cause to allow an out-of-time appeal. Civil procedure — Application for leave to appeal out of time — Requirement to show reasonable cause for delay — Effect of lack of notice of judgment and absence of judgment date on copy — Court may grant extension without deciding merits of intended appeal.	1 January 2004