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
8 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
8 judgments
Citation
Judgment date
January 2022
28 January 2022
28 January 2022
26 January 2022
20 January 2022
Court overruled objections: section 14 properly cited for extension; affidavit disclosure cured alleged hearsay.
Limitation of actions – extension of time – section 14 Law of Limitation Act is the enabling provision; irrelevant statutory citations may be ignored. Affidavit law – hearsay – statements sourced from third parties admissible where source is disclosed in verification clause and deponent affirms belief in truth (Matovu). Preliminary objections – competence of application – failure to cite only relevant provisions is not necessarily fatal.
4 January 2022
Failure to give reasons for disagreeing with assessors under section 24 renders the tribunal's judgment a nullity and mandates rehearing.
Land law – appellate procedure – assessors' opinions – requirement under section 24 to take into account assessors' views and to assign reasons when differing. Procedural irregularity – chairman indicating concurrence but deciding contrary without reasons – renders judgment a nullity. Remedy – quashing proceedings and remitting appeal for rehearing before different chairman and assessors. Costs – no costs where ground determined suo motu by the court.
4 January 2022
The applicant failed to prove full repayment; courts upheld the respondent's claim and dismissed the appeal.
Civil procedure – locus stand of plaintiff; Evidence – evaluation and weight of documentary proof, burden of proof on person alleging repayment; Appeal – concurrent findings of fact are not disturbed absent misapprehension or misapplication of law.
3 January 2022
Automatic exclusion under section 19 applies where certified copies were requested; filing date is date of court fee payment.
Land appeals — limitation — section 41(1) Land Disputes Courts Act — 45-day appeal period; Law of Limitation Act, section 19(2)-(3) — automatic exclusion of time spent obtaining certified copies where written request made; filing deemed upon payment of court fees (exchequer receipt).
3 January 2022