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

14 judgments

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14 judgments

Citation	Judgment date
October 2008
Mohamed Mselem Mkalangwe vs Zulekha Mohamed Marande (Land Appeal No. 39 of 2006) [2008] TZHC 295 (28 October 2008) Procedural defects—denial of opportunity to file defence and unlawful substitution of assessors—justified quashing and retrial of tribunal proceedings. Land procedure – District Land and Housing Tribunal – right to be heard – failure to allow filing of defence – assessors' participation – unlawful substitution of assessors contrary to section 23 – procedural irregularities – setting aside tribunal proceedings and ordering retrial.	28 October 2008
Flavian Kaiza vs Chief Executive Officer Tanzania Building Agency (Land Case No. 115 of 2006) [2008] TZHC 297 (8 October 2008) Failure to file court‑ordered written submissions on a preliminary objection leads to dismissal of that objection with costs. Preliminary objection; cause of action; competence under Order 1 Rule 9 CPC; failure to file ordered written submissions; non‑prosecution; dismissal of objection with costs.	8 October 2008
September 2008
Muhumbi Kibwana & Others vs Siraji Mwasha & Another (Land Case No. 109 of 2007) [2008] TZHC 245 (10 September 2008) Plaintiffs' counsel signing the plaint breached mandatory procedural rules, leading to striking out despite a curable verification defect. * Civil procedure – Preliminary objections – cause of action – vicarious liability and agency – interlocutory determination requires evidence.* Civil procedure – Pleadings – signature of plaint – Order I r.8 and Order VI r.14 – mandatory requirement that pleadings be signed by party or duly authorised person; advocate alone cannot sign absent proof of authority.* Pleadings – verification – Order VI r.15 – defective verification by advocate is curable and not necessarily fatal.	10 September 2008
Ajuza Shabani Mzee vs Mohamed Ali Mohamed (Land Case No. 170 of 2005) [2008] TZHC 684 (8 September 2008)	8 September 2008
Tabia Mwasyeba vs John Mmanda (Misc. Land Case Appeal No. 72 of 2007) [2008] TZHC 248 (5 September 2008) Cohabitation and long possession do not defeat a purchaser's title; appellant's land claim dismissed. * Land law – ownership – effect of documentary sale agreement as evidence of title – weight of receipts and witnesses. * Possession and cohabitation – whether long residence and relationship confer proprietary rights or compensation in land proceedings. * Civil procedure – assessors’ split opinions – tribunal findings upheld where evidence supports ownership. * Jurisdictional limits – claims for division of property or compensation arising from marital/cohabitation relationships fall under Law of Marriage/other civil fora, not the land court.	5 September 2008
August 2008
CRDB Bank Ltd vs Kilindu & Another (Misc. Civil Case 37 of 1998) [2008] TZHC 8 (15 August 2008) Leave to appeal granted on whether drawn orders and execution proceedings were irregular and whether the High Court can correct drawn orders. Leave to appeal – Execution proceedings – Attachment of bank account – Stay of execution – Whether drawn orders reflect court's ruling – Whether S.95 Civil Procedure Code may correct drawn orders – Regularity of execution proceedings.	15 August 2008
Victor Sungura Toke vs P.S.R.C & Board of Internal Trade (Civil Appeal No. 134 of 2002) [2008] TZHC 348 (5 August 2008) Employment-related (trade) disputes fall to the Industrial Court; High Court struck out the suit and ordered each party to bear own costs. Trade disputes – definition and scope – claims arising from terms or conditions of employment; Jurisdiction – High Court lacks original jurisdiction over trade disputes (Industrial Court Act); Procedural orders (speed track/scheduling) cannot cure jurisdictional defects; Corporate succession and substitution – Order XXII R.4(3) not applicable to corporate successors.	5 August 2008
July 2008
Petromark Africa LTD vs Tanzania Ports Authority (Land Case No. 138 of 2008) [2008] TZHC 264 (29 July 2008) Court lacked jurisdiction because the pleaded pecuniary value was below the High Court’s statutory threshold and relief value was not pleaded. Jurisdiction – pecuniary thresholds – High Court (Land Division) lacks jurisdiction where pleaded value falls below statutory limit; Order VII(1)(f) Civil Procedure Act – requirement to plead monetary value of relief, including non-monetary relief; preliminary objection on jurisdiction upheld; matter properly for District Tribunal.	29 July 2008
June 2008
Morogoro Canvas Mill (1998) Limited vs Tanzania Electric Supply Company LTD (Commercial Case No. 7 of 2008) [2008] TZHC 251 (10 June 2008) Applicant permitted to amend defence to include counter‑claim under Order VI r.17; no bar from Order VIII time limits. Civil procedure – Amendment of pleadings – Order VI r.17 – Leave to amend defence to include counter‑claim – Tests: raise real questions in controversy; avoid uncompensable prejudice – GN 422/1994 (Order VIII r.1(2)) time‑limits do not automatically bar amendments absent express provision or authority.	10 June 2008
May 2008
Amisa Kambi Kunguru vs Minister for Lands and Human Stettlement & others (Land Case No. 87 of 2006) [2008] TZHC 296 (30 May 2008) Administrative communications do not toll limitation; a 1988 land claim filed in 2006 was time-barred and dismissed. Limitation of actions – recovery of land – 12-year period under Law of Limitation Act; administrative correspondence does not toll limitation; s.21(1) suspends limitation only where court proceedings are instituted.	30 May 2008
April 2008
Oil Com (T) LTD & others vs Tanzania National Road Agency & others (Land Case No. 117 of 2006) [2008] TZHC 298 (3 April 2008) Temporary injunction refused: applicants’ losses compensable and public interest in road project outweighs private interests. * Interim relief – temporary injunction – Atillio test: prima facie case, irreparable injury, balance of convenience. * Public interest vs private investment – national road project outweighs compensable private loss. * Civil procedure – preliminary objections – locus standi must be raised in pleadings, not submissions. * Land/roads – disputed road reserve measurements and title encroachment as triable issues.	3 April 2008
March 2008
Nocodemes Kajungu & others vs Bulyahulu Gold Mine (T) Limited (Matter of Application No. 2 of 2008) [2008] TZHC 263 (18 March 2008) Applicant's extension denied: unproven counsel leave not good cause to excuse mandatory filing deadline. Labour Court – extension of time (Rule 56(1)) – good cause required for extension after CMA referral – counsel’s unproven leave insufficient – equity will not excuse negligence or inaction – mandatory 15‑day filing rule on CMA referrals.	18 March 2008
February 2008
Leonila Ludovick Rauya vs M.M Pardhan & Another (Civil Case No. 54 of 2007) [2008] TZHC 267 (19 February 2008) A tort claim accrues at the date of injury and is time-barred if not filed within three years absent a Ministerial extension. * Limitation of actions – tort – three-year limitation period under First Schedule, Part I, item 6 – cause of action accrues on date of accident. * Negotiations with insurer do not suspend or exclude limitation period. * Extension of limitation period – section 44 requires application to Minister; failure to apply renders suit incompetent. * Inherent powers of court (s.95 Civil Procedure Act) cannot be used to override mandatory limitation provisions (s.3(1) Law of Limitation Act).	19 February 2008
Salama Hamisi Akida & others vs Akida Hamisi Akida & another (PC. Civil Appeal No. 57 of 2003) [2008] TZHC 339 (14 February 2008) Administrator lacked authority to sell during appeal; consent order retained houses and fixed valuation-based payments. Probate law – administration of estate – administrator’s powers and duties; operation and binding effect of consent orders in appeals; functus officio and nullity of post-judgment revision; valuation disputes and basis for determining beneficiaries’ shares; nullification of unauthorized sale by an administrator.	14 February 2008