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


December 2006
Gapco Tanzania Limited & another vs Barclays Bank PLC & another (Civil Case No. 177 of 2006) [2006] TZHC 188 (20 December 2006) Court granted a limited injunction preventing receivers taking possession, citing irreparable business harm and a prima facie triable issue. Civil procedure — Interim injunction — Maintenance of status quo to preserve mortgaged properties pending related proceedings — Requirement of prima facie triable issue, irreparable harm and balance of convenience	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) Application to set aside dismissal dismissed as time‑barred; extension of time required before filing such an application. Civil procedure — limitation — Chambers summons to set aside dismissal — Application filed outside 30‑day period under Law of Limitation Act — preliminary objection — court may raise suo motu — Point of law not requiring prior pleading	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 — 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 — jurisdiction	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. Civil procedure — 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 Land law — Property law — joint construction and proof of ownership transfer Probate law — Wills — distinction between formal testamentary document and inter vivos transfer document	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. Appellate practice — Appellate review — appellate court entitled to review evidence where trial court's judgment lacks analysis Criminal law — burden of proof Criminal law — Circumstantial evidence — admissibility and weight of unexplained recent possession of fruits of crime — recent possession doctrine connecting accused to theft Criminal procedure — Defence of alibi	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 — confirmation of District Land and Housing Tribunal decision — order for vacant possession and costs — protection of minor’s property rights — validity of sale by person lacking guardianship	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. Administrative law — Public corporations — specified public corporation cannot be sued without leave of court — requirement satisfied by prior ruling granting leave Civil procedure — Joinder — insurer, owner and driver are necessary parties in motor-vehicle claims — Order I Rule 9 prevents defeat of suit by misjoinder Civil procedure — Pleadings Limitation law — Limitation — time may be tolled while plaintiff pursues rights in another court — tort claims ordinarily three years	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 a revisional application challenging ex parte leave. Administrative law — leave to apply for certiorari — Challenge to ex parte grant of leave and consequences for subsequent proceedings Civil procedure — Stay of proceedings — pending determination of a revision application in the Court of Appeal Judicial review — Certiorari — Effect of pending revisional application on competence of review proceedings	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 law — Limitation of actions — accrual of cause of action in contract — continuous breach — exclusion — 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 value of the subject matter in the plaint rendered the suit improperly before the High Court. Civil procedure — Pleadings — Pleading defects — Dismissal for non‑compliance with mandatory pleading requirements — adequacy of Plaint’s paragraph disclosing jurisdiction and value — Order VII r 1 Civil Procedure Code Civil procedure — jurisdiction — suits to be instituted in the lowest grade competent court — s 13 Civil Procedure Code	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 law — Limitation of actions — Recovery of land — accrual of cause of action: importance of notice/awareness — legal personality of public corporations under receivership — Ministerial extension of limitation periods	7 February 2006

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