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
December 2010
Rakesh Bali vs Nazmina Kate Ismail Bali (Matrimonial Cause No. 1 of 2003) [2010] TZHC 434 (15 December 2010) Applicant failed to prove material change to vary existing custody; child’s best interests require maintaining original custody order. * Family law – Custody – Variation of custody orders under s.133 Law of Marriage Act – requirement of misrepresentation, mistake of fact or material change in circumstances. * Child welfare – Best interests of the child paramount in custody disputes. * Civil procedure – Court’s power to cure procedural defects (ss.95–96 CPC). * Statutory interpretation – s.139 LMA does not authorise orders restraining interference with custody of an infant.	15 December 2010
Timothy Kahoho vs Prevention and Combating of Corruption Bureau & others (Civil Case No. 209 of 2003) [2010] TZHC 432 (13 December 2010) Amendment to add a defendant does not revive an expired limitation period; expired defamation claim dismissed and defunct PCB struck out. Limitation of actions – defamation subject to three‑year limitation – amendment of plaint does not revive expired limitation; ministerial extension required where applicable; limitation is jurisdictional and may be raised at any time; statutory successor body replaces repealed public entity as proper defendant.	13 December 2010
November 2010
P6587 MJ LH Chale & Another vs Judge Advocate General (Misc. Court Martial Application No. 11 of 2008) [2010] TZHC 424 (1 November 2010) The court refused to extend time to file a court-martial appeal after applicants failed to justify an 18-month delay. * Court-martial appeals – extension of time to file Statement of Appeal – exercise of judicial discretion. * Requirements under Section C.144(4) Code of Service Discipline – proper transmission of appeals to the Judge Advocate General. * Extension principles – doing justice between parties and sufficiency of reasons/diligence to explain delay. * Preliminary objection – striking out application for failure to show sufficient cause.	1 November 2010
September 2010
Theodore Rudolf Valentine & another vs Republic (Criminal Appeal No. 54 of 2010) [2010] TZHC 433 (8 September 2010) Convictions based on alleged forged documents must be quashed where forgery is not proved; related falsity-based convictions also fail. Criminal law – Forgery – proof requires production/identification of the forged document and signature comparison; hearsay insufficient. Criminal law – Falsity-based offences (conspiracy to defraud; giving false information; obtaining property by false pretences) collapse if foundational forgery not proved. Criminal procedure – Failure to call material witness does not automatically shift burden or mandate adverse inference. Housebreaking – entry by key can constitute "breaking"; housebreaking and theft are separate offences and may be charged separately.	8 September 2010
August 2010
Elisafani Moses Sawe vs Rahab E. Sawe (Matrimonial Cause No. 2 of 2002) [2010] TZHC 429 (18 August 2010) Petitioner awarded sole ownership of assets and custody of two children after respondent’s prolonged non-appearance. * Matrimonial property – ownership and division – burden on spouse claiming joint acquisition – personal funds used to purchase property. * Custody of children – welfare of children and their ages – parental access and immediate handover. * Civil procedure – ex parte determination by affidavit after respondent’s repeated non-appearance.	18 August 2010
Mwananchi Gold CO. LTD & others vs Reginald Abraham Mengi & others (Civil Case No. 131 of 2006) [2010] TZHC 426 (17 August 2010) Court retains jurisdiction despite expired scheduling order where delay was caused by assessors, not the plaintiffs. Civil procedure – Scheduling Order/speed track – Expiry of speed track does not automatically oust court’s jurisdiction where delay is not attributable to a party; amendment of schedule under O. VIII A r.4; assessors’ non-appearance as justification for re-fixing hearing period; preliminary objection to be overruled where justice requires.	17 August 2010
July 2010
Bank of Tanzania vs Saidi Marinda & others (Misc. Civil Cause No. 67 of 2002) [2010] TZHC 430 (27 July 2010) A High Court’s refusal to extend time to file a Notice of Appeal is appealable and leave must be sought from the High Court. Civil procedure — extension of time — High Court refusal to extend time to file Notice of Appeal is appealable — leave of High Court required before appealing — concurrent jurisdiction under Court of Appeal Rules — proper remedy is appeal, not fresh application to Court of Appeal.	27 July 2010
Lightness Francis vs Willy Stanley Makange (Civil Appeal No. 225 of 2005) [2010] TZHC 427 (5 July 2010) Matrimonial status of property does not invalidate a valid mortgage; bank entitled to sell on borrower’s default. Property law – Matrimonial property – Ownership proof – Registration – Mortgage – Validity of bank's sale on borrower's default – Risk of mortgaging matrimonial property.	5 July 2010
June 2010
Vision Hotel & Tourism College CO. LTD vs Tanzania Tobacco Leaf CO. LTD (Civil Case No. 25 of 2001) [2010] TZHC 431 (24 June 2010) Contractual six‑month termination notice upheld; eviction lawful; respondent awarded rent arrears and interest. * Contract law – lease termination – contractual clause permitting termination on six months’ written notice; no breach where notice properly given.* Civil procedure/enforcement – eviction lawful where Regional Housing Tribunal decision and Resident Magistrate execution support eviction order.* Damages – special damages must be strictly proved; inconsistent pleadings and testimony fatal to claim.* Counterclaim – tenant liable for rent arrears; interest awarded at court rate from last payment date.	24 June 2010
Joseph Kaunda vs Maguru (Civil Appeal No. 153 of 2008) [2010] TZHC 417 (18 June 2010) Appeal allowed where trial court denied costs and interest without giving the required reasons. Civil procedure – costs and interest – discretion to award costs – requirement to give reasons when refusing costs under section 30(2) Civil Procedure Code – failure to give reasons may amount to miscarriage of justice – appellate relief awarding costs and interest.	18 June 2010
Managing Director Kilimanjaro Truck Co. LTD vs Enifa Kajumba (Civil Appeal No. 182 of 2007) [2010] TZHC 422 (17 June 2010) Service and compensation findings upheld, but fixed costs award without taxation was unlawful. Civil procedure – service and ex parte judgment; Damages – permanent incapacity (amputation) and assessment of compensation; Evidence – hearsay observation not decisive; Costs – fixed costs without bill and taxation irregular and unlawful.	17 June 2010
Abisai Emanuel Pande & Another vs Inspector General of Police & Others (Civil Case No. 153 of 2007) [2010] TZHC 423 (10 June 2010) A malicious-prosecution claim seeking restoration of title/documents does not automatically convert the suit into a land matter; court retains jurisdiction. Jurisdiction — Civil procedure — Whether ancillary prayers for restoration of title/documents in a tort claim convert the suit into a land matter; Malicious prosecution — primary cause of action; Forum non conveniens/appropriate forum — Land Division vs ordinary civil court; Preliminary objection — sustainability.	10 June 2010
March 2010
Constantine F. Masali vs Gema Security Services (Civil Appeal No. 82 of 2008) [2010] TZHC 416 (29 March 2010) Appeal allowed: executing court wrongly varied Board award; subsistence allowance payable from dismissal to Board decision. Employment law – enforcement of Labour Conciliation Board award – executing court improperly varying decretal sum – burden of proof on alleged payment – entitlement to subsistence allowance payable from dismissal to Board decision; assessment of daily subsistence rate.	29 March 2010
February 2010
Vitalis Joseph Mutagwaba vs Securicor Tanzania Limited (Civil Case No. 3 of 2008) [2010] TZHC 418 (18 February 2010) Preliminary objections overruled: claim held contractual (six-year limitation), verification and jurisdictional particulars sufficient. * Civil procedure — Preliminary objections — Time bar: distinction between actions founded on tort and contract — employer's liability for employee injuries attracts six-year limitation under item 7 of the Schedule to the Law of Limitation Act. * Civil procedure — Verification of plaint — compliance with Order VI r.14 of the Civil Procedure Code. * Civil procedure — Jurisdictional plea — sufficiency of particulars and value of subject matter under Order VII r.1 of the Civil Procedure Code.	18 February 2010