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
37 judgments

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37 judgments
Citation
Judgment date
March 2022
31 March 2022
31 March 2022
30 March 2022
29 March 2022
29 March 2022
29 March 2022
29 March 2022
29 March 2022
Leave to appeal granted where limitation defence involved disputed facts on accrual of cause of action, raising arguable issues.
Appellate procedure – Leave to appeal – Criteria for grant of leave under s.5(1)(c) AJA and Rule 45(a) – prima facie/arguable grounds. Limitation law – accrual of cause of action – whether preliminary objection on limitation is a pure point of law or a factual issue. Law of Limitation Act s.27(3) – acknowledgement of claim and its effect on accrual/extending time.
28 March 2022
24 March 2022
21 March 2022
Res judicata bars relitigation of the same land dispute between the same parties; appeal dismissed with costs.
Land law – Res judicata – Application of section 9 Civil Procedure Code – finality of prior decision by Land Appeal Tribunal; same parties and same subject matter required to bar relitigation. Competence of previous tribunal – jurisdictional challenge not permitted where no appeal was taken. Estate administration – addition of ‘administrator’ does not alter party identity for res judicata purposes.
18 March 2022
Boundary dispute: the applicant failed to prove trespass; tribunal's locus inspection and respondent's evidence were preferred.
Land law – boundary dispute – locus in quo inspection – burden of proof on claimant to establish boundaries – evaluation of evidence – ownership versus boundary delineation – time limitation not raised by tribunal.
18 March 2022
18 March 2022
16 March 2022
An organisation may appeal a cancellation, but labour appeals against government departments require joinder of the Attorney General.
Administrative law – capacity to sue – cancellation of registration does not extinguish right to appeal. Civil procedure – meaning of "civil proceedings" – labour appeals constitute civil suits. Government Proceedings Act – requirement to join the Attorney General in civil proceedings against government departments; non-joinder vitiates proceedings.
14 March 2022
11 March 2022
11 March 2022
11 March 2022
11 March 2022
10 March 2022
9 March 2022
9 March 2022
9 March 2022
9 March 2022
8 March 2022
8 March 2022
7 March 2022
Appeal dismissed: prosecution failed to prove unlawful possession, transport or forgery; personation sentence upheld.
Forest law — licences, transit passes and timing of removal; burden of proof and evidentiary requirements (occurrence book, TFS witnesses); forgery and personation; appellate intervention in sentencing.
4 March 2022
4 March 2022
4 March 2022
4 March 2022
4 March 2022
4 March 2022
2 March 2022
2 March 2022
1 March 2022