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

18 judgments

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18 judgments

Citation	Judgment date
September 2024
Salehe Moshi @Balilula v Lucas Yakobo @Muhurumbo (Misc. Civil Application No. 7231 of 2024) [2024] TZHC 8731 (30 September 2024)	30 September 2024
Mtei Rehani v James Barunguza (PC Criminal Appeal) [2024] TZHC 8549 (27 September 2024)	27 September 2024
The Registered Trustees of Roman Catholic Dioces of Kigoma vs Bitale Village Council and 2 others (Land Case No. 2 of 2023) [2024] TZHC 8304 (27 September 2024) Court declares the plaintiff lawful owner of disputed Bitale land, denying defendants' rights and awarding costs. * Land law — ownership of unsurveyed village land — historical allocation to missionaries for religious/social services. * Evidence — documentary proof of village meeting resolution (exhibit P1) received by district authorities — sufficiency to establish title. * Nationalization and subsequent village occupation — effect of later village resolution restoring land to original owner. * Relief — declaratory judgment of ownership; denial of defendants' rights; costs to follow event.	27 September 2024
Filipo Fanuel vs The Republic (DC. Criminal Appeal 8991 of 2024) [2024] TZHC 8374 (25 September 2024) Conviction quashed after child-witness evidence was expunged and 30-year sentence found unlawful for an offender of eighteen years or less. Criminal law – Rape; Evidence – Child witnesses: requirement under s.127(2) Evidence Act to record the child's own promise to tell the truth; Identification evidence – contradictions and reliability; Sentencing – s.131(2) Penal Code: limits on punishment for offenders aged eighteen years or less; Conviction quashed for insufficient evidence.	25 September 2024
Leonard John Ngokeye vs Josaphat Kibarumwe (Land Appeal No. 7924 of 2024) [2024] TZHC 8237 (24 September 2024) Appellant failed to prove adverse possession or ownership; tribunal properly departed from assessors after giving reasons. Land law – boundary and ownership disputes – adverse possession – requirement for proof of continuous and exclusive occupation; tribunal practice – assessors' opinions: chairman not bound but must state reasons for departure; evidentiary sufficiency – corroboration and specificity of neighbour evidence.	24 September 2024
Republic vs Rehema Maksoni & 2 Others (Criminal Session No. 16 of 2023) [2024] TZHC 8153 (23 September 2024) Court convicted three accused of murder on reliable extra‑judicial confessions, corroboration and common intention, sentencing them to death. * Criminal law – Murder – Elements: malice aforethought established by weapon used, injury location, motive and post-offence conduct. * Evidence – Extra-judicial/confession statements: admissions before a Justice of the Peace and cautioned statements admissible and may ground conviction if reliable. * Evidence – Co‑accused confessions and corroboration: co-accused statements may lend assurance when supported by corroborating acts or exhibits. * Common intention – Principal liable for acts in furtherance of a plotted unlawful purpose even if not present at scene. * Procedure – Seizure formalities: minor defects in seizure certificate not fatal if no prejudice and exhibit linked to accused.	23 September 2024
Republic vs Miburo Mussa (Criminal Session No. 15 of 2021) [2024] TZHC 8080 (20 September 2024)	20 September 2024
Republic vs Sudy Omary @ Sudi Mawela (Criminal Session No. 17 of 2023) [2024] TZHC 8111 (20 September 2024)	20 September 2024
Thomas Evarist vs Republic (Dc. Criminal Appeal No. 000008990 of 2024) [2024] TZHC 8130 (20 September 2024) Conviction for attempted rape quashed where prosecution failed to prove guilt beyond reasonable doubt amid contradictory evidence. * Criminal law – Attempted rape – proof beyond reasonable doubt – conviction unsafe where victim’s evidence contradictory and uncorroborated. * Evidence – credibility and demeanour – trial court must assess and record demeanour when relying on victim’s testimony. * Procedure – absence/non‑tendering of police statement and unclear charge particulars may render conviction unsafe.	20 September 2024
Republic vs Aneth Tabu @Amosi & Another (Criminal Session No. 4 of 2023) [2024] TZHC 8075 (19 September 2024)	19 September 2024
Republic vs Edward Basesegwa (Criminal Session Case No. 11 of 2023) [2024] TZHC 8076 (19 September 2024)	19 September 2024
Jenita Atanazi Mkete vs Chirekeye Kasorokoza (Misc. Land Application No. 9290 of 2024) [2024] TZHC 8550 (18 September 2024)	18 September 2024
Republic vs Rosemary Majaliwa (Criminal Session Case No. 2730 of 2024) [2024] TZHC 8048 (18 September 2024)	18 September 2024
Ally Hanzuruni Mwamadi & 4 Others vs Kigoma Regional Administrative Secretary (RAS) & Another (Misc. Land Application No. 47 of 2023) [2024] TZHC 8548 (17 September 2024)	17 September 2024
Jeremia Charles Kayagambe vs Dwt Saccos Kasulu & 2 Others (DC.Civil Appeal No 13 of 2023) [2024] TZHC 8142 (10 September 2024) Appeal dismissed for lack of jurisdiction; cooperative dispute-resolution mechanisms under Regulation 83 must be exhausted first. * Cooperative Societies Regulations 2015 – Regulation 83 – disputes between members and the society – requirement to attempt negotiation/reconciliation and, if unresolved within 30 days, referral to the Registrar for arbitration – jurisdictional bar to ordinary courts until internal/regulatory remedies exhausted.	10 September 2024
Baraka Kana Nkohozi vs Eliyazal Joseph Nyigize (Misc. Land Application. No. 14371 of 2024) [2024] TZHC 7892 (6 September 2024) Illness unsupported by adequate medical proof does not justify extension of time to file an appeal. Extension of time; sufficient cause; medical evidence; Lyamuya Construction Co. principles; Law of Limitation Act s.14; Land Disputes Courts Act s.41(2); laboratory reports insufficient to prove incapacity.	6 September 2024
Dunia Joseph Kazabula (Administrator of the Estate of the Late Hussein Batus Chikaleo) vs Adriano Edwin Muyaga) (Misc. Land Application No. 15 of 2023) [2024] TZHC 8547 (6 September 2024)	6 September 2024
Sita Kinga Mbogolo & 4 Others vs Uvinza District Commissioner & 2 Others (Miscellaneous Land Application No. 15395) [2024] TZHC 7740 (2 September 2024)	2 September 2024