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

14 judgments

Advanced search

Court registries

All years

All months

Filters

Sort by:

14 judgments

Citation	Judgment date
June 2024
Jenitha Hussein Hinyula vs Steven Kalenge Lubezagi (PC . Matrimonial Appeal No. 3 of 2023) [2024] TZHC 6025 (28 June 2024) Absent evidence of unequal contribution, matrimonial assets are divided equally; appellate court erred in admitting additional evidence and reallocating shares. Matrimonial property division; burden of proof on party alleging greater contribution; appellate courts should not admit fresh evidence unnecessarily; equal division where no evidence of differing contributions; family matter — each party to bear own costs.	28 June 2024
Gelion Isaya vs Getruda Daniel Nsubile (Miscellaneous Civil Application No 5 of 2023) [2024] TZHC 5997 (27 June 2024)	27 June 2024
Mtei Rehani vs Gaudensia Gervas (Revision Application No 3 of 2023) [2024] TZHC 5978 (26 June 2024)	26 June 2024
Kalebo Ndabije vs Agnes Ndabhiyehu (Misc. Land Appeal No. 000027505; Misc. Land Appeal No 000027505) [2024] TZHC 5957 (25 June 2024) An executing tribunal may evict unauthorized structures on jointly owned land described by size in the decree. * Land law – Execution of decree – executing tribunal bound by decree and cannot add to or vary it – description by size sufficient for execution; * Land law – Joint ownership – eviction of unauthorized structures erected by one co-owner for third parties on disputed parcel; * Procedure – Enforcement under Land Disputes Courts Act s.16(3) and District Tribunal regulation rule 23(3).	25 June 2024
Asha Yahaya vs Hassan Saidi Selemani and another (Land Apeal No. 43 of 2023) [2024] TZHC 5849 (20 June 2024) Sale of matrimonial land by one spouse without required consent is void; innocent purchaser not automatically protected. * Family law – Matrimonial property – Disposal of property acquired during marriage – Consent of both spouses required under Law of Marriage Act s59(1). * Land law – Protection of matrimonial assets – Applicability of Land Act s161(3)(b) and duty of purchaser to exercise due diligence. * Civil procedure – Ownership claims – Tribunal's declaration of ownership void where sale is null for lack of required consent.	20 June 2024
Bernard Nestory vs Emmanuel Bhahebhura (MISCELLANEOUS LAND APPEAL NO. 16 OF 2023) [2024] TZHC 5742 (14 June 2024) Extension of time granted where apparent illegality (jurisdiction and lack of notice of ex‑parte judgment) justified the delay. Civil procedure – extension of time – sufficient cause where illegality is apparent on the face of the record; Ward tribunal jurisdiction – challenge to jurisdiction and effect on validity of ex‑parte judgment; Notification of ex‑parte judgment – failure to notify may excuse delay; Authorities: Lyamuya principles and Stanzia Stanley Kessy applied.	14 June 2024
The Registered Trustees of Gombe School of Environment Society (GOSESO TRUST) vs Hussein Idd and two others (Labour revision No, 6 of 2023) [2024] TZHC 5961 (14 June 2024) Absence of a separate judgment notice does not nullify an ex parte CMA award where the party was aware and failed to attend. * Labour law – Revision of CMA ex parte award – setting aside ex parte award – sufficiency of cause to set aside – requirement to notify date of judgment – Rule 19 GN.64/2007 (14-day notice) – Cosmas Construction precedent on notice of judgment.	14 June 2024
Adrea Liberatus vs The Republic (DC. Criminal Appeal No. 2337 of 2024) [2024] TZHC 5689 (13 June 2024)	13 June 2024
Republic vs Lije Nicholaus (Economic Case No. 000014778 of 2024) [2024] TZHC 5796 (13 June 2024) Prosecution proved 398.10 kg cannabis trafficking; chain of custody and confession were admissible, leading to conviction. * Criminal law – narcotic drugs – trafficking – elements of offence and proof beyond reasonable doubt. * Evidence – chain of custody – when documentary gaps do not vitiate admissibility if oral account reliably traces seizure, transfer and custody. * Forensic evidence – admissibility and weight of Government Chemist report (HPLC analysis). * Evidence – admissibility of extra-judicial statements/confessions – compliance with magistrates' guidelines and voluntariness.	13 June 2024
Thomas Nkayamba vs Haileni Nahaya (Civil Reference No. 2 of 2023) [2024] TZHC 5611 (10 June 2024)	10 June 2024
Republic vs Amani Idrisa (criminal Session No. 13 of 2023) [2024] TZHC 11038 (7 June 2024) A valid extra-judicial confession established killing but absence of malice reduced murder charge to manslaughter. Criminal law – confession – extra-judicial statement by Justice of the Peace – admissibility where recorded per Chief Justice’s guidance; Criminal law – circumstantial evidence – need for forensic corroboration of weapons and blood-stained clothing; Criminal law – distinction between murder (malice aforethought) and manslaughter where killing occurs in a fight or loss of self-control; Evidence – exclusion of illegally obtained cautioned statements.	7 June 2024
Republic vs David Juma (Criminal Session no. 000038612) [2024] TZHC 5798 (7 June 2024) Whether the accused's cautioned statement complied with legal requirements and identification evidence was reliable. * Criminal law – murder – sufficiency of identification at night – need to specify light source, distance and conditions for reliable identification. * Evidence – cautioned/confessional statements – compliance with s.50(1)(a) CPA time limits and voluntariness under s.27 Evidence Act; prosecution duty to prove admissibility (including production of detention register). * Criminal procedure – adequacy of investigation and crime-scene documentation – role of sketch maps and corroboration in identification cases. * Standard of proof – prosecution must prove guilt beyond reasonable doubt; material contradictions and lack of corroboration require acquittal.	7 June 2024
Republic vs Juma Hamis (Criminal Session No. 15 of 2023) [2024] TZHC 5799 (7 June 2024) Unrecorded, inconsistent oral confessions and lack of corroboration led to acquittal for murder due to reasonable doubt. * Criminal law – Murder – Post-mortem establishing cause of death but not identity of killer. * Criminal procedure – Confession – Admissibility, voluntariness and need for corroboration where confession not formally recorded. * Evidence – Corroboration – Inconsistent witness accounts and failure to corroborate alleged confessions undermine prosecution case. * Burden of proof – Requirement to prove guilt beyond reasonable doubt; insufficiency where direct evidence is lacking.	7 June 2024
Onesmo Ndesayo vs Regina Mahwela (Land Appeal No. 42 of 2023) [2024] TZHC 11035 (4 June 2024) Appeal allowed where respondent failed to prove title or trespass; tribunal decision quashed, no costs. Land law — proof of title and trespass — burden of proof on party alleging ownership — evaluation and weighing of oral evidence — adverse possession not established.	4 June 2024