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

21 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

21 judgments

Citation	Judgment date
May 2024
Faines Daniel vs Noel Igima (Dc.Matrimonial Appeal No 3 Of 2023) [2024] TZHC 2367 (31 May 2024)	31 May 2024
Lexona Chakupewa vs Emmanuel Luguli Nzubukila (Land Appeal No 25 of 2023) [2024] TZHC 5424 (31 May 2024)	31 May 2024
Lunyalaja Omari and 2 others vs Uvinza District Council and 4 others (Miscellaneous Civil Application No 12372 of 2024) [2024] TZHC 2341 (30 May 2024)	30 May 2024
Jonas Mayani vs Jeremia Kavyigi (Land Appeal No 20 of 2023) [2024] TZHC 2287 (28 May 2024)	28 May 2024
Fredrick Juma Nkobongo vs Republic (Economic Appeal No 6 of 2023) [2024] TZHC 2265 (27 May 2024)	27 May 2024
Samson Kagoma vs Republic (Miscellaneous Criminal Application No 809 of 2024) [2024] TZHC 2252 (27 May 2024)	27 May 2024
Juma Athumani vs Pili Haruna (Juvenile Appeal No 1 of 2023) [2024] TZHC 2217 (24 May 2024)	24 May 2024
Alice Seseye vs Lameck Chahita (PC Civil Appeal Case No 12 of 2023) [2024] TZHC 2264 (23 May 2024)	23 May 2024
Moshi Kasimu vs Deusi Samson (Miscellaneous Civil Application No 7 of 2023) [2024] TZHC 5513 (21 May 2024)	21 May 2024
Rose M.Kanango vs The Registered trustered of the Diocese of Western Tanganyika (Labour Revision No 3 of 2023) [2024] TZHC 2191 (20 May 2024)	20 May 2024
Rose M. Kanango vs The Rgistered Trustees of the Diocese of Western Tanganyika and another (Labour revision No. 5 of 2023) [2024] TZHC 11039 (20 May 2024) Employee constructively dismissed by transfer to unregistered school, non-payment and being told to seek other work; CMA award quashed. Labour law – constructive dismissal – transfer to unregistered school, non-payment of salary and being told to seek other employment – resignation as forced resignation – CMA award quashed for mischaracterising termination as frustration of contract.	20 May 2024
Malieta Kayanda Shema and another vs Wilbard Stanslaus (Pc.Probate Appeal No 4 of 2023) [2024] TZHC 2091 (17 May 2024) A district court cannot conduct a review of an inferior court’s probate decision; appeal allowed and district ruling quashed. Jurisdiction – Review v. Revision – A review must be conducted by the court which made the impugned decision; a superior court may exercise revision but cannot undertake a review of an inferior court’s decision. Procedural error – Clerical omission or alteration of party names by court officers can be rectified and should not automatically invalidate proceedings. Civil procedure – Proper avenue must be followed where trial court’s jurisdiction is contested.	17 May 2024
Edward Salumon Ndinganya vs Eliada Salumoni (Miscellaneous Land Application No 34 of 2023) [2024] TZHC 2074 (14 May 2024)	14 May 2024
Gervas Juma Lameck vs Republic (Dc.Criminal Appeal No 42 Of 2023) [2024] TZHC 2064 (14 May 2024)	14 May 2024
Moshi Taliepo @ Kavumbiko (Dc. Criminal Appeal No. 43 of 2024) [2024] TZHC 7977 (13 May 2024) Forcible entry convictions upheld; grievous harm not proved and sentences altered to substituted offences and fines. * Criminal law — Forcible entry (s.85 Penal Code): elements — violent entry and intent to take possession; ownership dispute does not negate forcible entry. * Criminal law — Grievous harm (s.255) not proved where injuries lack required severity; conviction substituted to assault occasioning actual bodily harm (s.241) under s.300 CPA. * Criminal procedure — Alibi: notice requirement under s.194(6) CPA; failure to give notice justifies court disregarding alibi. * Sentencing — s.35 Penal Code provides option of fine; custodial sentence unlawful if court fails to consider or record reasons for not imposing fine.	13 May 2024
Nahayo Shabani vs Republic (Dc.Criminal Appeal No 46 Of 2023) [2024] TZHC 2063 (13 May 2024) Conviction for armed robbery quashed due to unreliable identification, absence of exhibit and invalid caution statement. Criminal law – Armed robbery – burden to prove both theft and violence/weapon use; Identification – night-time identification and requirement of favourable conditions; Evidence – failure to tender physical exhibit (stolen phone); Admissibility – caution statement timing and statutory compliance; Procedure – conviction on main and alternative charges impermissible.	13 May 2024
Yusuph Hasani Nyamkunga(Administrator of the estate of Zainabu Kengwa Sabunwe vs Nuru Issa Kashakali & 3 others the late Zainabu Kengwa Sabunwe vs (Civil Case No 6 of 2023) [2024] TZHC 2069 (13 May 2024)	13 May 2024
Ramadhan Ndegea vs Republic (Dc.Criminal Appeal No 19 of 2023) [2024] TZHC 1940 (10 May 2024) Victim's testimony proving penetration and age upheld a rape conviction despite minor inconsistencies and limited medical detail. Criminal law – Rape: proof requires penetration; victim's testimony is primary and can suffice; medical/PF3 evidence is corroborative. Proof of age may come from victim or parent when birth certificate absent. Minor inconsistencies do not necessarily defeat credibility. Appellate court will not lightly disturb trial court's credibility findings.	10 May 2024
Petro Kazoya and 2 Others vs Kasulu District Council and 2 Others (Miscellaneous Land Application No 26796 of 2023) [2024] TZHC 1860 (7 May 2024) Representative suit struck out for lack of written authorisation from those to be represented. Civil Procedure – Representative suit – Order 1 r.8 and r.12 (CPC) – Requirement of written authorisation by persons to be represented; list of names insufficient; maintainability and preliminary objection.	7 May 2024
Director of Public Prosecutions vs Edwin Kashumba and 4 others (Dc.Criminal Appeal No 37 Of 2022) [2024] TZHC 1818 (6 May 2024) Acquittal upheld where material contradictions and unreliable medical evidence defeated the prosecution's assault case. Criminal law – Assault causing actual bodily harm – sufficiency of prosecution case; contradictions in witness testimony going to root of case; weight of medical/expert evidence; prima facie case and calling accused to enter defence; oral evidence versus documentary proof.	6 May 2024
Didie Gervas vs Republic (Dc. Criminal Appeal No. 48 of 2023) [2024] TZHC 2065 (2 May 2024) Failure to comply with statutory search procedures and not calling an independent witness vitiated the prosecution’s case. * Criminal procedure – search and seizure – compliance with section 38 Criminal Procedure Act – requirement to report issuance of search authority to a magistrate and issuance of seizure receipt. * Evidence – absent independent witness and failure to tender witness statement under section 34 Evidence Act – adverse inference and impact on proof. * Chain of custody – gaps undermining reliability of exhibits. * Hearsay and informer-based information – weight of arresting officers’ evidence in search cases.	2 May 2024