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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. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
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https://jmap.judiciary.go.tz/jmap/jmap-hc
6 judgments
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6 judgments
Citation
Judgment date
March 2014
Musa s/o Kipomela v Republic (DC Criminal Appeal No. 22 OF 2011) [2014] TZHC 2997 (25 March 2014)
Failure to conduct voir dire and to make medical‑report maker available rendered child‑rape conviction unsafe.
Criminal law – sexual offences – child witness competence and voir dire (s.127 Evidence Act); admissibility and proof of medical reports – right to summon maker and cross‑examination (s.240(3) Criminal Procedure Act); corroboration in rape cases; procedural irregularities rendering conviction unsafe.
 25 March 2014
Rev. George Mgeni vs CDB Bank & Another (Miscellaneous Land Application No. 30 of 2011) [2014] TZHC 2684 (24 March 2014)
Wrong citation of Court of Appeal Rules rendered the applicant's High Court application incompetent; constitutional provision did not cure it.
Civil procedure — jurisdiction — wrong or inapplicable citation of statutory provision — application incompetent; Court of Appeal Rules (Rule 10) confer power only on Court of Appeal; article 107A(2)(e) of the Constitution does not cure jurisdictional defects; "any other enabling provisions" phrase meaningless.
 24 March 2014
Augustino Samson vs Republic (DC Criminal Appeal No.. 68 OF 2011) [2014] TZHC 2995 (17 March 2014)
A credible child prosecutrix’s detailed evidence can alone sustain a rape conviction; omission to prove exact age affects sentencing.
• Evidence – Rape: prosecutrix’s credible testimony can alone sustain conviction and link offender. • Criminal procedure: voir dire for child witness (s.127 TEA) and right to summon PF3 maker (s.240(3) CPA). • Sentencing: need to prove exact age where mandatory life applies (victim aged 10 or below). • Admissibility: family members may testify for prosecution.
 17 March 2014
Elizabeth Kyando vs Wolfam Mponda (PC Matrimonial Appeal No. 4 of 2013) [2014] TZHC 2557 (13 March 2014)
A divorce petition filed without prior referral to the Marriage Conciliation Board under section 101 is invalid.
Family Law – Law of Marriage Act (CAP.29 R.E.2002) – Section 101 – mandatory referral of matrimonial disputes to Marriage Conciliation Board before filing divorce petition. Civil procedure – Ex parte judgments – irregularities and illegalities render ex parte divorce judgments nullities. Family Law – Section 107(2)(e) – desertion – requirement of proof and period of desertion for divorce.
 13 March 2014
Elizabeth Kyando vs Wolfram Mponda (PC Matrimonial Appeal 4 of 2013) [2014] TZHC 2253 (13 March 2014)
High Court upholds nullification of ex parte divorce for failure to refer dispute to the Marriage Conciliation Board (s101 LMA).
Family law – Divorce – Mandatory prior referral of matrimonial disputes to Marriage Conciliation Board under section 101 of the Law of Marriage Act (Cap.29 R.E.2002). Civil procedure – Ex parte judgment – Proceedings saturated with irregularities render ex parte judgments a nullity. Family law – Grounds for divorce – Desertion under section 107(2)(e) requires sufficient proof and period to sustain a divorce order.
 13 March 2014
Republic v Sara s/o Rogers (DC Criminal Appeal No. 35 OF 2010) [2014] TZHC 2992 (3 March 2014)
Appeal validly preceded and timely filed from date judgment was certified, but instituting appeal by memorandum (not petition) rendered grounds incompetent.
Criminal procedure — appeal by the Republic — requirement of notice of intention to appeal — computation of the 45‑day filing period under s.379(1)(b) excluding time for obtaining copies — date judgment is 'ready for collection' (certification) as the starting point — form of appeal: petition required, memorandum not acceptable.
 3 March 2014