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

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https://jmap.judiciary.go.tz/jmap/jmap-hc

12 judgments

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12 judgments

Citation	Judgment date
December 2006
Gapco Tanzania Limited & another vs Barclays Bank PLC & another (Civil Case No. 177 of 2006) [2006] TZHC 188 (20 December 2006) Limited injunction restraining receivers from taking possession pending trial, finding triable issues and irreparable harm. Civil procedure — Interim injunction — test: serious triable issue, irreparable harm, balance of convenience — Receivership — limited restraint on taking possession of charged assets pending trial — Procedural objections (forum selection, governing law, verification, alleged conflict of interest) raised too late or not determinative on papers.	20 December 2006
October 2006
Jampion Azikara vs Minister for Labour & others (Misc. Civil Application No. 14 of 2001) [2006] TZHC 324 (26 October 2006) Chambers summons to set aside dismissal was time‑barred; no extension sought so application dismissed. Civil procedure — Limitation — Chambers summons to set aside dismissal — Application filed outside 30‑day period under Law of Limitation Act — No application for extension of time — Limitation is a point of law that can be raised suo motu.	26 October 2006
September 2006
Theodora Pius vs John Sande Mwansasu & another (Civil Appeal No. 1 of 2003) [2006] TZHC 311 (12 September 2006) A District Court lacked jurisdiction in a probate matter; its orders and a consequent sale were quashed as nullities. Probate law — Jurisdiction — Probate and Administration Act (Cap. 352) — "Court" means High Court; District Court not competent unless presided by District Delegate or for small estates — No District Delegates exist — Proceedings and orders of District Court in probate matter null and void — Sale in breach of court directions set aside.	12 September 2006
August 2006
Mkwanda and Others vs Mkwanda (PC Civil Appeal 155 of 2003) [2006] TZHC 33 (23 August 2006) Court held that documents, though not wills, validly transferred property to the respondent, excluding them from the estate. * Probate and administration – disputed immovable property – whether documents are genuine and transfer ownership or form part of estate. * Evidence – authenticity of thumb-printed documents and unsigned instruments – attestation by Notary and signatures of witnesses. * Wills – distinction between formal testamentary document and inter vivos transfer document. * Property law – joint construction and proof of ownership transfer.	23 August 2006
Mohamed vs Republic (Criminal Appeal 170 of 2004) [2006] TZHC 32 (17 August 2006) Recent unexplained possession of burnt-marked currency shortly after theft established the appellant’s guilt; alibi inadequately pleaded. * Criminal law – Burden of proof; circumstantial evidence – recent possession doctrine connecting accused to theft; admissibility and weight of unexplained recent possession of fruits of crime. * Criminal procedure – Defence of alibi – requirements under s.194 Criminal Procedure Act; failure to give notice/particulars and absence of corroborating evidence may render alibi valueless. * Appellate review – appellate court entitled to review evidence where trial court's judgment lacks analysis.	17 August 2006
July 2006
Jason Tinkazaile Katalihwa vs Halima Balthazar Ngaiza (Land Appeal No. 8 of 2006) [2006] TZHC 186 (20 July 2006) Appeal dismissed; sale void where property had been distributed to a child and seller lacked guardianship authority. Land law – estate administration – distribution of estate to minor – validity of sale by person lacking guardianship; protection of minor’s property rights; confirmation of District Land and Housing Tribunal decision; order for vacant possession and costs.	20 July 2006
Watende Omary vs Parastatal Sector Reform Commission and 2 Others (Civil Case No. 117 of 2005) [2006] TZHC 360 (5 July 2006) Court found leave to sue the public corporation obtained, tolled limitation due to earlier court proceedings, and allowed amendment of a defective plaint. * Public corporations – specified public corporation cannot be sued without leave of court – requirement satisfied by prior ruling granting leave. * Limitation – tort claims ordinarily three years; time may be tolled while plaintiff pursues rights in another court (s.21(2) Law of Limitation Act). * Joinder – insurer, owner and driver are necessary parties in motor-vehicle claims; Order I Rule 9 prevents defeat of suit by misjoinder. * Pleadings – plaint must disclose cause of action and particulars of negligence, relief and valuation; defects may be cured by amendment under Order VII Rule 11.	5 July 2006
June 2006
New Mbeya Textile Mills LTS & another vs Attorney & others (Misc. Civil Cause No. 17 of 2006) [2006] TZHC 208 (22 June 2006) Court stayed certiorari proceedings pending determination of revisional challenge to the ex parte grant of leave to file. Administrative law – certiorari – effect of pending revisional application on competence of proceedings; stay of proceedings pending appeal/revision; challenge to ex parte grant of leave to file judicial review.	22 June 2006
May 2006
Rajani Industries LTD vs Parastatal Sector Reform Commission & another (Civil Case No. 372 of 2002) [2006] TZHC 297 (5 May 2006) Contract and statutory‑duty claims were time‑barred; limitation exceptions unavailable as not pleaded. Limitation of actions – accrual of cause of action in contract; continuous breach (s.7) requires pleading; exclusion under s.21(1) applies only to incompetence for substantive jurisdiction; s.26 (fraud/mistake) requires averments of fraud or mistake; statutory‑duty claims limited to one year under Schedule.	5 May 2006
March 2006
Chedi Mchomba Chikira vs Attorney General (Misc. Civil Cause No. 58 of 2002) [2006] TZHC 298 (20 March 2006) Granting ESAMI treaty-based immunity does not unconstitutionally deny the applicant access to court. Diplomatic/consular immunities; ESAMI statutory immunity; access to courts under Article 13; treaty implementation and domestic effect; waiver of immunity; constitutional limitation (Article 30).	20 March 2006
February 2006
M/S Morning Star Hotel Limited vs Registered Trustees of The Agricultural Inputs Trust Fund & others (Civil Case No. 109 of 2003) [2006] TZHC 318 (9 February 2006) Failure to state the pecuniary value in the plaint renders the suit improperly before the court and warrants dismissal. Civil Procedure — jurisdiction — Section 13 CPC: suit must be instituted in court of lowest grade competent to try it; Order VII Rule 1(i) CPC — plaint must state value of subject matter for jurisdiction and court fees; failure to state value is fatal and renders suit improperly before court; distinction between mortgage execution and land dispute jurisdiction; dismissal for non‑compliance and failure to prosecute.	9 February 2006
PSRC vs Kishore Kanji Hirji & others (Land Case No. 241 of 2004) [2006] TZHC 228 (7 February 2006) Whether a land recovery suit is time‑barred where plaintiff’s awareness and a ministerial extension affect the limitation period. Limitation of actions – recovery of land – accrual of cause of action: importance of notice/awareness; Ministerial extension of limitation periods; legal personality of public corporations under receivership; effect of extension on suits by public bodies.	7 February 2006