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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
6 judgments
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6 judgments
Citation
Judgment date
November 2009
Maneno Ismail and Tuqiang t/a Litan Trading co vs Wang Yong Qiang (Commercial Case No. 21 of 2007) [2009] TZHC 259 (13 November 2009)
A registered Tanzanian trade mark owner is entitled to injunction against respondent's importation or sale of identical marks in Tanzania.
Trade mark law — validity and effect of local registration; territoriality of trade mark rights; proof of foreign registration; evidentiary burden for prior use and agency; injunctive relief versus monetary remedies.
 13 November 2009
October 2009
Fida Jumanne vs Haji Salim Hemed & Others (Land Case No. 207 of 2007) [2009] TZHC 253 (27 October 2009)
Application for leave to appeal dismissed with costs due to parties’ failure to file agreed written submissions (abandonment).
Land law — leave to appeal — procedural non‑compliance — failure to file agreed written submissions — abandonment — dismissal with costs; application under s.47(1)&(3) Land Disputes Courts Act, s.5(1) Appellate Jurisdiction Act and Rule 43(a) Court of Appeal Rules.
 27 October 2009
National Insurance Corporation vs Hawa Msalangi (Civil Appeal No. 58 of 2004) [2009] TZHC 284 (16 October 2009)
A decree incorrectly dated and signed by a registrar contravenes the CPC and renders the appeal incompetent and struck out.
Civil procedure – decree – formal defects (incorrect date; signed by District Registrar not Judge) – contravention of Order XX Rule 7 CPC 1966 – effect on competence of appeal – striking out appeal.
 16 October 2009
June 2009
Lucas A. Nzegula (Son and heir of Zuhura John) vs Isaack Athumani and Another (Civil Appeal No. 66 of 2008) [2009] TZHC 289 (1 June 2009)
Section 10(1) creates a statutory right for injured third parties to sue an insurer without contractual privity.
Motor Vehicles Insurance Act s.10(1) – statutory cause of action for injured third parties; privity of contract not required; jurisdiction — tort vs commercial; procedural requirement that filings be by an individual advocate.
 1 June 2009
March 2009
Alex John Kajumulo vs Republic (Criminal Appeal No. 153 of 2005) [2009] TZHC 286 (9 March 2009)
Appellate court upheld armed robbery conviction: no proper grounds for recusal, accused declined to give defence, conviction and statutory sentence affirmed.
* Criminal law – Recusal – Whether subjective apprehension of bias by accused warrants magistrate's disqualification – Objective reasons required. * Criminal procedure – Silence of accused – s.231(3) Criminal Procedure Act – adverse inference where accused declines to give evidence. * Evidence – Production of exhibits and admission of retracted cautioned statement – did not render trial unfair on these facts. * Identification – sufficiency and reliability of evidence identifying accused. * Sentencing – statutory minimum for armed robbery upheld.
 9 March 2009
February 2009
Mohamed Rajabu vs Republic (Criminal Appeal No. 55 of 2005) [2009] TZHC 285 (27 February 2009)
Conviction upheld: child witness evidence without voire dire was corroborated; omission to summon medical officer did not occasion failure of justice.
* Evidence Act s.127(2)&(5) – child of tender years – voire dire omission reduces testimony to unsworn evidence but may be sufficient if corroborated. * Criminal Procedure Act s.240(3) – reception of medical reports, accused’s right to require maker to be summoned; failure to inform not fatal where accused does not request and evidence is otherwise conclusive. * Sufficiency of trial judgment – must state offence, summary of evidence, defence, analysis, reasons, signature and date.
 27 February 2009