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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. 

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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
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3,175 judgments
Citation
Judgment date
November 2025
Elisha Zakaria Msengi vs Beita Makala (Land Appeal No. 27014 of 2024) [2025] TZHC 6763 (7 November 2025)
Appeal allowed: claimant failed to identify the suit land and therefore did not discharge the burden of proof.
* Land law – Pleadings and proof – Requirement to describe and identify suit land in pleadings and at locus in quo – Failure to discharge burden of proof under Evidence Act; * Evidence – Contradictory boundary descriptions and the role of locus in quo to clarify physical features; * Civil procedure – First appellate review of trial tribunal’s findings on identification of land.
 7 November 2025
Joseph Simon@ Bernardo Simkoko vs Happines Simon Udoba (Civil Revision No 8759 of 2025) [2025] TZHC 6762 (7 November 2025)
Revision application struck out for being supported by an incurably defective affidavit with misleading deponent identity.
* Civil procedure — Revision under s.44(1) Magistrates Courts Act — supervisory jurisdiction to correct material irregularities. * Preliminary objection — must raise a pure point of law; factual matters require evidence and cannot be decided at preliminary stage. * Affidavits — competence of deponent, verification and jurat — name discrepancies and misrepresentation can render an affidavit incurably defective. * Overriding objective — does not cure substantive defects that go to the root of the application. * Matrimonial proceedings — costs order: each party to bear own costs where application emanates from matrimonial cause.
 7 November 2025
Mohamed Zakaria Simbe vs Bernadeta Qamele (Land Appeal No.17361 of 2024) [2025] TZHC 6761 (7 November 2025)
Administrator’s land recovery claim dismissed as time‑barred; tribunal’s adverse possession finding affirmed and title amended to show representative capacity.
* Land law – limitation – recovery of land – 12‑year limitation (item 22, Part I, Schedule to Law of Limitation Act). * Computation of limitation where owner dies – section 24: period runs from first anniversary of death or when estate’s right accrues. * Adverse possession – occupation beyond limitation period confers protection. * Representative capacity – judgments must correctly record suits brought in representative capacity. * Costs – costs follow the event.
 7 November 2025
Said Msendeko vs Gideon Munguloi Nakondo (MISC.CIVIL APPLICATION NO.15311 OF 2025) [2025] TZHC 6764 (7 November 2025)
An apparent illegality (non‑description of the suit land) justified granting the applicant extension of time to appeal.
Land Disputes Courts Act — extension of time; Illegality apparent on the face of the record; Non‑description of suit property in judgment/decree; Sickness as ground for extension; Lyamuya/Valambia principles applied.
 7 November 2025
Abdi Salumu Belu vs Ayub Hassan Basai (Land Appeal No. 17812 of 2025) [2025] TZHC 6697 (6 November 2025)
Appellant failed to prove gift inter vivos; respondent's earlier village allocation established superior title.
* Land law – proof of ownership – gift inter vivos – necessity to prove intention to give, delivery/acceptance and effective occupation. * Evidence – burden and standard in civil cases – party alleging title must prove on balance of probabilities. * Priority principle – earlier acquisition (village allocation) confers superior title against later competing claim.
 6 November 2025
Bakari Mohamed vs Hassan Bakari (Land Appeal No 8243 of 2025) [2025] TZHC 6702 (6 November 2025)
Allocation records, surveyor and corroborative documents established respondent’s title; appellant failed to prove ownership.
* Land law – proof of title – allocation by land authority and corroborative documentary evidence (allocation letter, invoice, building permit, survey/deed plan). * Evidence – burden and standard in civil cases: balance of probabilities; he who alleges must prove. * Evidence – failure to call seller or transaction witnesses permits adverse inference. * Pleadings – variance between pleadings and evidence may lead to ignoring inconsistent testimony. * Remedies – vacant possession and demolition where allocation and survey establish ownership.
 6 November 2025
Mairo Marwa Nyitika vs Lucy Nyambura Wangunyu and Another (DC Civil Appeal No 14997 of 2025) [2025] TZHC 6699 (6 November 2025)
Appellant's voluntary non‑participation and lack of evidence justified dismissal; respondents proved an enforceable oral contract.
* Evidence – Civil standard – burden lies on party who alleges; proof on balance of probabilities. * Civil procedure – right to be heard – voluntary non‑appearance permits ex parte proceeding under Small Claims Rules. * Contract law – oral agreements enforceable where elements present; mediation minutes and receipts can establish obligations. * Limitation – contract claims attract six‑year limitation period; suit filed within time. * Appellate review – no interference where trial evidence unchallenged and appellant failed to present or prosecute his case.
 6 November 2025
Hainan International Limited vs Deogratius John Rugaba (Reference No. 13065 of 2025) [2025] TZHC 6698 (5 November 2025)
5 November 2025
October 2025
Emmanuel Cosmas Karani vs Republic (DC.CRIMINAL APPEAL NO. 26457 OF 2024) [2025] TZHC 6674 (22 October 2025)
Appeal dismissed: plea found unequivocal, mandatory life sentence appropriate, omission of provision curable.
Criminal law – guilty plea – equivocal plea doctrine; statutory rape – ingredients and mandatory life sentence; curable irregularity under s.388 CPA; allegations of torture and voluntariness of plea.
 22 October 2025
Hadija Hassan and Others vs Hassan Kitundu Sembe (Land Appeal No. 13340 of 2024) [2025] TZHC 6734 (21 October 2025)
Administrator had locus standi; appellants’ unproved, inconsistent sale claims failed and appeal was dismissed.
* Civil procedure – Locus standi – Administrator appointed by Primary Court has capacity to sue; appointment valid when suit filed shortly after grant. * Limitation – Right to recover deceased's land governed by 12‑year rule; administrator treated as claiming without interval. * Evidence – Burden to prove sale by production of written agreement and witness testimony; failure to call witnesses or produce documents fatal. * Authority to dispose – Sale by deceased's relative void without proof of authority (power of attorney/administrative appointment). * Primary Courts – Appointments governed by Fifth Schedule/Primary Courts rules, not section 107(1) of Probate Act.
 21 October 2025
Annarehema Swai vs Lucas Chahonza (Misc. Civil Application No.9454 of 2025) [2025] TZHC 6372 (17 October 2025)
Extension of time granted where caregiving duties and technical delay justified the applicant’s late notice of appeal.
Appellate procedure – extension of time under s.11(1) AJA – good cause test – technical delay (misfiled application) excluded per Fortunatus Masha – caregiving responsibilities and financial incapacity can constitute good cause.
 17 October 2025
Diamond Trust Bank (DTB) vs Jimmy C. Mabondo and Others (Miscellaneous Land Application No. 22923 /2025) [2025] TZHC 6375 (17 October 2025)
Court granted extension of time to challenge execution sale due to apparent auction irregularities and substantial undervaluation.
Extension of time — discretionary remedy — sufficiency of cause; apparent illegality on the face of the record; execution sale — public auction irregularities (deposit payment delay; substantial undervaluation); authorities: Tanga Cement, Lyamuya, Principal Secretary v Devram Valambia.
 17 October 2025
Rashidi Ally Misanga vs Registered Trustee of Chama Cha Mapinduzi (Misc. Land Application No. 16805 of 2025) [2025] TZHC 6376 (17 October 2025)
A dismissal under section 3(1) of the Law of Limitation Act conclusively determines limitation, barring re‑institution in the same court; review or appeal are the proper remedies.
* Civil procedure – functus officio – scope and application when a court has finally disposed of a matter. * Limitation law – effect of dismissal under section 3(1) Law of Limitation Act – dismissal is conclusive on limitation and bars refiling in same court. * Remedies – review, appeal or revision are the appropriate avenues after a s.3(1) dismissal, not a fresh extension‑of‑time application in the same court.
 17 October 2025
Matseko Benjamin Bulugu and Others vs Joseph Masolwa Misalaba and Others (Civil Case No. 13175 of 2025) [2025] TZHC 6289 (16 October 2025)
Court dismissed union-members' suit for lacking cause of action, locus standi and proper jurisdiction, and being frivolous.
• Civil procedure — preliminary objections — cause of action must appear within the four corners of the plaint; failure warrants striking out or rejection. • Jurisdiction — territorial, subject-matter and pecuniary jurisdiction must be pleaded; civil court not clothed to decide matters of criminal character. • Locus standi — plaintiff must show sufficient personal interest to sue officers in their personal capacities for official acts. • Frivolous and vexatious litigation — multiplicity of actions and parallel criminal processes may render civil suit vexatious. • Pleading requirements — non-compliance with Order VII Rule 1(c),(e),(i) is a ground for objection.
 16 October 2025
Amosi Mganga vs Michael Ngole and Another (Land Appeal No 220 of 2025) [2025] TZHC 6258 (15 October 2025)
Sole-heir inheritance and an unchallenged sale agreement established superior title; appeal dismissed with costs.
Land law – village/customary land – mode of acquisition (inheritance v. gift inter vivos); priority principle in competing land claims; admissibility and effect of unchallenged documentary sale agreement; sufficiency of description of immovable property in pleadings; standard and burden of proof in civil land disputes.
 15 October 2025
Fu Jian Jun vs Qui Xing Hua and Another (Civil Appeal No. 31361 of 2024) [2025] TZHC 6759 (15 October 2025)
Failure to frame issues before trial vitiates proceedings and mandates retrial; judgment set aside.
Civil procedure – Framing of issues – Mandatory requirement under Order XIV Rule 1(5) and Order VIII Rule 40(1) – Failure to frame issues and deciding matters suo motu at judgment stage vitiates proceedings – Apparent illegality on face of record warrants nullification and retrial.
 15 October 2025
Faisal Cabel Network vs Yange Security Guard (PC Civil Appeal No. 5805/2025) [2025] TZHC 6352 (13 October 2025)
Contract may be implied from conduct; failure to read admitted exhibits in civil cases is not fatal absent prejudice.
Contract formation — implied authority and conduct; Companies Act s.38; admissibility and reading of documentary exhibits in civil proceedings; Rule 46(3) (Magistrates' Courts (Civil Procedure in Primary Courts) Rules) — non-compliance and prejudice; limits of second appeal (points of law).
 13 October 2025
Huruma Kibuga and Another vs Martin Abiud Nashokigwa (Land Appeal No. 27064 of 2025) [2025] TZHC 6257 (13 October 2025)
Applicant failed to prove ownership by gift inter vivos; sale evidence favored the appellants, appeal allowed with costs.
Land law – burden and standard of proof in civil cases; proof of gift inter vivos (intent, acceptance, occupation); adequacy of property description and boundaries; evaluation of contradictory evidence; locus in quo visit discretionary; mediation certificate technical defects not fatal.
 13 October 2025
Kwangu Jimola Nhabi and Others vs Moses Leonard Matonya and Another (Land Case No. 12643 of 2025) [2025] TZHC 6353 (13 October 2025)
The plaintiffs' suit was struck out for failure to join necessary government parties and comply with Government Proceedings Act requirements.
Non-joinder — Necessary parties — Order 1 Rule 3 CPC; Government Proceedings Act s.6 — requirement to join government and comply with notice provisions; Written submissions — annexures not evidence and to be expunged.
 13 October 2025
Esther Kitundu vs Alfred Mjangu (Land Appeal No. 21174 of 2024) [2025] TZHC 6270 (10 October 2025)
Proceedings were a nullity where the deceased's estate was not represented; substitution required and judgment quashed.
Civil procedure – locus standi and competence – death of a party – right to be heard survives death – necessity to substitute the deceased's legal representative – proceedings conducted against a person lacking legal interest are a nullity.
 10 October 2025
Evance Andrew Legson vs Republic (DC.Criminal Appeal No. 33898 of 2024) [2025] TZHC 6378 (10 October 2025)
Unclear night-time visual identification and inadequate identification parade led to quashing of the applicant's conviction.
* Criminal law – Armed robbery – requirement that visual identification be watertight where offence occurs at night – need to specify time, distance, duration, source/intensity of light and link features to accused. * Identification parade – prerequisite that identifying witness previously give detailed description for parade to have probative value. * Criminal Procedure Act s.192(3) – requirement of preliminary hearing and memorandum of undisputed facts.
 10 October 2025
Mayunga Pamba Jisengo vs Sancho Muyovela Iddifonsi (Misc. Civil Application No. 27311 of 2024) [2025] TZHC 6379 (10 October 2025)
Review dismissed: remittal need not name retrial chairman; costs may be awarded as discretionary indemnity despite tribunal error.
* Civil procedure — Review — Error apparent on the face of the record — Review confined to obvious, self-evident errors, not re‑argument. * Criminal/civil procedure — Remittal — No obligation to nominate presiding officer on retrial unless circumstances demand. * Civil procedure — Costs — Discretionary, generally follow the event as indemnity; tribunal’s procedural error does not automatically bar costs against a party who opposed appeal.
 10 October 2025
Ngolela Mipawa Ngode vs Republic (DC.Criminal Appeal No. 303 of 2025) [2025] TZHC 6374 (10 October 2025)
Prosecution proved statutory rape: victim’s age, penetration and identity established; child’s evidence admissible under affirmation and appeal dismissed.
Criminal law – Statutory rape – Proof of age, penetration and identity; evidence of child witness – affirmation vs. promise to tell the truth; non‑compliance with voire dire not fatal; victim evidence may suffice if credible and corroborated by medical evidence and confession; right to cross‑examination.
 10 October 2025
Maginga Business Holding Company Limited vs CRDB Bank PLC and 3 Others (Misc. Land Application No. 15309 of 2025) [2025] TZHC 6114 (8 October 2025)
Affidavit infected by legal arguments and hearsay was expunged and the applicant's urgent application struck out.
Affidavit requirements – Order XIX r.3(1) – affidavit must contain facts within deponent's knowledge – prohibition of extraneous matters, legal argument and conclusions; Hearsay – affidavit mentioning another person requires that person’s own affidavit or else the statement is hearsay; Remedy – expunge offending paragraphs; if remaining averments insufficient, strike out application; costs follow event.
 8 October 2025
Maureen Kitange and Another vs Shabani Lyanga and Another (PC. CIVIL APPEAL NO. 343 OF 2025) [2025] TZHC 6293 (7 October 2025)
Primary court may execute probate judgment; sale by unregistered administrator void; district court misapplied revisional powers.
Probate jurisdiction — Primary Courts Rule 8(f) — execution of superior court probate orders; Land Registration Act s.67/s.68 — registration of personal representative mandatory; Sale of estate land by unregistered administrator — null and void ab initio; Revisional powers s.22(1) Magistrates' Courts Act — scope and limits; Functus officio and execution — execution does not reopen merits; Collateral attacks on final judgments — procedural impropriety and abuse of process.
 7 October 2025
Asha Selemani Makoda vs Consolata Daudi Mallya (Land Appeal No. 89999 of 2025) [2025] TZHC 6085 (6 October 2025)
Appellate court dismissed appeal, finding the appellant was heard and respondent’s documentary evidence established ownership.
* Land law – ownership dispute – proof on balance of probabilities; documentary sale agreement and ownership/search documents as primary evidence. * Constitutional/natural justice – right to be heard; presence, representation and opportunity to adduce evidence satisfy right to be heard. * Evidence – written contract excludes contradictory oral evidence; admitted exhibits prove their contents when not objected to. * Procedural irregularity – failure to read admitted exhibit not fatal where contents known and oral evidence unchallenged. * Witnesses – failure to call alleged original seller not fatal where documentary evidence establishes title.
 6 October 2025
Danford Martin vs Columba Bakari Kambi and Another (Civil Case No. 796 of 2025) [2025] TZHC 6292 (6 October 2025)
Court adopts parties' settlement, approves amended payment schedule and security with enforcement and priority rules on default.
Consent judgment – Adoption of Deed of Settlement by court – Amendment of payment schedule by consent – Provision of charged land as security – Right to lodge caveats – Enforcement on default and priority of existing charges.
 6 October 2025
Avodia Antipas Swai vs Asha Ahmed Jama and Another (Civil Reference No. 5158 of 2025) [2025] TZHC 6324 (3 October 2025)
Instruction fees reduced for preliminary-stage dismissal; transport and living disbursements upheld as reasonable reimbursement.
* Advocates' Remuneration Order (G.N. No. 263 of 2015) – taxation of costs – adherence to prescribed scales; discretionary departures. * Instruction fees – scale application for matters disposed at preliminary stage – joint representation considerations. * Disbursements – transport, meals and accommodation – allowable as reasonable reimbursements under taxing master's discretion (Order 12(1)). * Review of taxation – interference only on points of law or where award is manifestly excessive or inadequate.
 3 October 2025
Jeremia Daniel Akoonay vs Shabani Lokmeda Maasai (Land Appeal No. 28484 of 2024) [2025] TZHC 6087 (2 October 2025)
The High Court quashed DLHT proceedings for lack of jurisdiction due to absence of Ward Tribunal mediation certificate.
Land Disputes Courts Act s.13(4) – Ward Tribunal certificate of failed mediation mandatory; jurisdictional prerequisite – absence renders DLHT proceedings a nullity; amended pleadings supersede originals affecting exhibits; revisional powers under s.47(1)(b) to quash and set aside.
 2 October 2025
Oska Yesaya Hema vs Moses Enock Hema (Land Appeal No. 1194 of 2025) [2025] TZHC 6022 (1 October 2025)
Appellant failed to prove land ownership; locus visits are not mandatory and unsigned/ unread exhibits cannot support title.
Land law – locus in quo visits not mandatory; evidential requirements for documentary exhibits (admission and reading out); burden of proof in land ownership disputes – balance of probabilities; appellate review of trial tribunal’s evaluation of evidence.
 1 October 2025
Said Hamis Makaranga @ Twaha Ramadhan Makaranga vs Heri Adam Mpambile (Land Appeal No. 000024997 of 2024) [2025] TZHC 6092 (1 October 2025)
Sale by a person lacking letters of administration is void; burden of proof and unread exhibit caused no prejudice.
* Land law – sale by person without letters of administration – whether title can pass; * Evidence – burden of proof (s.117 Evidence Act) – party alleging ownership must prove it; * Evidence – admissibility and reading of documentary exhibits – failure to read admitted exhibit not fatal absent prejudice; * Probate proof – letters of administration as proof of appointment; no requirement to call relatives or produce family minutes in non-probate dispute.
 1 October 2025
September 2025
Deogratius Kasansa Kakamba vs Ms. Hadija Idrisa and 3 Others (Land Case No 1426 of 2025) [2025] TZHC 6023 (29 September 2025)
Plaintiff's failure to meet payment terms justified lawful reallocation; certificate of title in favour of the first defendant upheld.
Land law; allocation agreement – existence and terms; time of essence and sanctity of contract; failure to perform payments as breach; certificate of occupancy/title as conclusive evidence of ownership; bona fide purchaser protection; burden and standard of proof in civil claims.
 29 September 2025
Tanzania Teachers Union vs Vicent Kingu Sholomela (Misc. Civil Application No. 1427 of 2025) [2025] TZHC 6177 (29 September 2025)
Electronic filing is incomplete until court fees are paid; late payment rendered the refiled application out of time.
* Civil procedure – Electronic filing – Completion of filing requires payment of requisite court fees (Court of Appeal binding authority) * Judicature and Application of Laws (Electronic Filing) Rules – interaction of Rule 21 (deemed filing on electronic submission) with appellate authority and Rule 20 (exemption for system inaccessibility) * Preliminary objections – must raise pure points of law; factual disputes and allegations of falsehood in affidavits require evidence and cannot be determined at preliminary stage * Service – delayed service does not vitiate proceedings where no prejudice and right to be heard is preserved * Civil proceedings – prayer for criminal investigation not competent in civil submissions
 29 September 2025
Crdb Bank Plc and Others vs Christina Alex Kamunya (Land Appeal No. 2439 of 2025) [2025] TZHC 6271 (26 September 2025)
Mortgagee may sell after default but auction is void if mandatory 14‑day publication requirements are not proved.
* Land law – mortgagee's remedies – default notice under Land Act s.137 and right to sell after 60 days. * Auction law – Auctioneers Act s.12(2) – mandatory 14‑day public notice and permit requirement; failure to prove publication renders auction void. * Evidence – burden to prove statutory notice and publication; newspaper extract lacking particulars is insufficient. * Bona fide purchaser protection only where statutory requirements complied with.
 26 September 2025
Willium Majimbi vs Republic (DC.Criminal Appeal No. 30233 of 2024) [2025] TZHC 5869 (26 September 2025)
Conviction for statutory gang rape quashed because the charge sheet materially misdescribed the victim's age, rendering the trial unfair.
Criminal procedure – chargesheet particulars – age of victim is essential in statutory gang rape; defective or inconsistent age particulars fatal; Preliminary hearing – memorandum of undisputed facts; Service of witness statements (s.9(3), s.10(3)) – omission may be curable if no prejudice; Evidence – victim's testimony and medical evidence relevant but cannot cure defective charge.
 26 September 2025
Yusuph Mohammed Hemed vs Adija Mnyaru (Mise. Land Appeal No. 23113 of 2025) [2025] TZHC 5870 (26 September 2025)
Applicant failed to prove irreparable loss; stay of execution rightly refused and procedural complaints unproven.
Land law – Stay of execution – Regulation 25(4) GN No.174/2003 – Requirement to prove substantial and irreparable loss or provide security; Disqualification of magistrate/judge – request must form part of record to be entertained on appeal; Stay applications do not permit re‑litigation of substantive ownership; General allegations of procedural illegality without particulars will not succeed.
 26 September 2025
Benson Lambert Rutta vs Nathan Meshack and Another (Land Review No. 16995 of 2025) [2025] TZHC 5762 (24 September 2025)
Review dismissed: failure to file ordered submissions equated to tacit waiver; no error apparent on the record.
Land procedure — Review jurisdiction limited to errors apparent on face of record, discovery of new evidence, or other sufficient reasons; failure to comply with court timetable amounts to tacit waiver/non‑appearance and does not constitute denial of right to be heard; wrong citation of provisions or minor name discrepancies are curable and not necessarily fatal.
 24 September 2025
Hamisi Ally Masilu vs Mohamed Jumanne Bakari (Miscellaneous Civil Application No. 000032417 of 2024) [2025] TZHC 5836 (23 September 2025)
Failure to obtain mandatory leave before manual filing after alleged e-filing malfunction renders submissions incompetent and may cause dismissal.
Civil procedure — Electronic filing — Rule 20(1) mandatory leave before manual filing upon e-filing malfunction — need for corroborative evidence of system failure — failure to file submissions equals want of prosecution — dismissal under Order XXXIX Rule 17(1).
 23 September 2025
Ladslay Matonya vs Grace Jeremiah (Land Appeal No. 000009374 of 2024) [2025] TZHC 5835 (22 September 2025)
Failure of the tribunal chairman to sign recorded witness testimony renders proceedings null and warrants retrial.
Land procedure – Order XVIII Rule 10 CPC – Mandatory requirement for presiding officer to sign each witness's recorded testimony; failure to sign vitiates proceedings; unsigned evidence unauthenticated; judgment and decree founded on such proceedings are null and void; remedy – quash and remit for retrial before different chairman and assessors.
 22 September 2025
Dorotea Mwanga vs Mashaka Kumbo (Land Appeal No. 8843 of 2025) [2025] TZHC 5776 (19 September 2025)
Applicant failed to prove ownership; evidence showed only a derivative/permission to cultivate, so appeal dismissed.
Land law – ownership v. derivative/permit to cultivate – burden of proof on claimant; Evidence – weighing of conflicting testimony; Civil Procedure – specificity of denial under Order VIII rules 3–4; Identification of land – requirement to plead boundaries/size and produce supporting witnesses/documents.
 19 September 2025
Fred Nyamunga vs Abednego Wawa (Land Appeal No. 31562 of 2024) [2025] TZHC 5774 (19 September 2025)
Proceedings were incompetent because the purchaser named in the sale agreement was a minor and was not impleaded or represented by a guardian.
* Civil procedure – locus standi: institution and continuation of suit against a minor – requirement to appoint guardian/next friend under Order XXXI; failure to implead/appoint renders proceedings incompetent. * Civil procedure – non-joinder/necessary parties: court orders to implead necessary parties must be obeyed; disobedience undermines proceedings. * Land law – proof of title and priority of competing purchasers: factual determination of priority may be affected where proceedings are incompetent or necessary parties are absent.
 19 September 2025
Fredrick E. Nding'oli vs Seleman M. Seleman (Land Appeal No. 3341 of 2025) [2025] TZHC 5923 (19 September 2025)
Appeal dismissed: vendor lacked proof of title to 4.5 acres; land reverted to deceased’s estate under administrator.
Land law – proof of title and transfer – requirement for written disposition (s.64(1) Land Act) – nemo dat quod non habet – administrator’s custody of estate – burden of proof; counterclaim requirements.
 19 September 2025
Gidion Mwakalinga and Gilbert H. Lazaro vs Mfaume Muhidin (Land Appeal No. 000008171 of 2025) [2025] TZHC 5731 (19 September 2025)
Unlawful assessor replacement and unexplained change of Chairman vitiated tribunal proceedings; appeal allowed.
Land Disputes Courts Act s.23(2) – Assessors must hear entire proceedings before giving opinion; unlawful replacement of assessor is fatal; Change of presiding Chairman mid‑trial requires recorded reasons; procedural irregularities vitiating Tribunal’s proceedings; remittal for de novo hearing.
 19 September 2025
Modesta Madama vs Mayunga Mabele (PC Matrimonial Appeal No. 3274 of 2025) [2025] TZHC 5928 (12 September 2025)
Presumption of marriage cannot arise where a party is already lawfully married under a monogamous Christian marriage.
Family law – presumption of marriage – cohabitation – effect of existing lawful Christian (monogamous) marriage; Law of Marriage Act s.11(5) and s.160(2) – division of matrimonial property; remedy for contribution in concubinage – ordinary civil suit.
 12 September 2025
Rashid Nassoro vs The Republic (Criminal Appeal No. 2844 of 2025) [2025] TZHC 5521 (9 September 2025)
The court dismissed an appeal against a rape conviction, upholding that all elements were proved beyond reasonable doubt despite claimed procedural irregularities.
Criminal law – rape – proof of elements – evidence of child witness – requirement (or not) for DNA testing in sexual offences – minor procedural irregularities – standard of proof beyond reasonable doubt.
 9 September 2025
Waziri Mashukura Waziri vs The Republic (Criminal Appeal No 3922 of 2025) [2025] TZHC 5520 (9 September 2025)
Court affirms conviction for grievous harm, finding robust prosecution evidence and proper evaluation of defence by the trial court.
Criminal law – causing grievous harm – evaluation of defence evidence – sufficiency and reliability of medical and eyewitness identification evidence – standard of proof – failure to cross-examine prosecution witnesses.
 9 September 2025
William Robert vs The Republic (DC Criminal Appeal No. 9661 of 2025) [2025] TZHC 5519 (9 September 2025)
A trial court's lack of DPP consent for an economic offence vitiates the proceedings, conviction, and sentence as a nullity.
Criminal law – Economic offences – Jurisdiction – Trafficking in narcotic drugs – Requirement of DPP's consent and certificate for subordinate courts – Failure to obtain jurisdictional authorization renders proceedings a nullity – Appropriate remedy is quashing of proceedings, not retrial.
 9 September 2025
Iddi Ally Bakari @Rara vs Republic (Criminal Appeal No. 000023811 of 2024) [2025] TZHC 5533 (4 September 2025)
The court quashed a conviction for armed robbery due to insufficient evidence on both theft and identification of the accused.
Criminal law – armed robbery – proof of essential elements – sufficiency of evidence on stealing and identification – reliability of visual and voice identification – standard of proof beyond reasonable doubt – appellate court intervention in cases of evidentiary deficiency.
 4 September 2025
Lucas Ezekiel Mkeremi vs Republic (DC. Criminal Appeal No. 000022347 of 2024) [2025] TZHC 5534 (4 September 2025)
A conviction for rape was overturned due to unreliable identification evidence and material contradictions in the prosecution’s case.
Criminal law – Rape – proof of penetration – evidentiary value of absence of spermatozoa – proof of victim’s age – identification of accused – reliability and admissibility of identification evidence – contradictions in prosecution evidence – standard of proof beyond reasonable doubt – effect of prosecution’s failure to call material witnesses.
 4 September 2025
Jems Yohana Mhawi vs Harodi Masilu (Land Appeal No 25311 of 2024) [2025] TZHC 5914 (3 September 2025)
Appeal allowed: tribunal’s refusal to address recusal complaint and summary dismissal was improper; matter remitted for rehearing.
* Civil procedure – Recusal of presiding officer – reasonable apprehension of bias – factors: age, literacy, understanding and surrounding circumstances. * Civil procedure – Dismissal for refusal to prosecute – proper procedure is to mark party’s case closed and proceed with respondent’s evidence and judgment. * Evidence – No prescribed number of witnesses required to prove a fact (s.152 Evidence Act). * Appellate review – scope to reassess exercise of judicial discretion where apparent unfairness exists.
 3 September 2025