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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.

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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

5 judgments

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5 judgments

Citation	Judgment date
February 2022
Luka J. Luwanda & 22 Others vs Smh Rail Sdn.Bhd-moro (Misc. Application 19 of 2021) [2022] TZHC 786 (14 February 2022) Failure to comply with a court order and absent evidential proof of timely filing rendered the application incompetent and struck out. Labour procedure — compliance with court orders — consequences of refiling outside time allowed without leave; procedural evidence — written submissions are not evidence; registry allegations require affidavit by registry officer; omnibus application objection.	14 February 2022
Abdulkhalid Said Ganzel (as an Administrator of the estates of the late Salum Said Ganzel) vs Mohamed Balhabuu and Two Others (Land Case 45 of 2021) [2022] TZHC 9663 (8 February 2022) Applicant’s claim to recover estate land was time-barred as cause of action accrued upon the 1995 sale/1996 transfer. Limitation of actions – recovery of land – accrual of cause of action when administrator sold and title transferred; Law of Limitation Act ss.24(2),33(1); time-bar – plaint dismissed; pleading requirements – Order VI Rules 3,13,15(2) raised but not determined.	8 February 2022
Mgweno Mnyagato & Another vs Republic (Misc. Criminal Application 3 of 2022) [2022] TZHC 91 (3 February 2022) Court granted extension to file notice and appeal where notice was defective due to wrong registry citation. Criminal procedure — extension of time to file notice of intention to appeal and appeal; procedural defect in notice (wrong High Court registry cited) as sufficient cause; s.361(2) Criminal Procedure Act; State's concession; discretionary relief granted.	3 February 2022
Hussein Iddi Msuya vs Republic (Criminal Appeal 10 of 2021) [2022] TZHC 88 (2 February 2022) Judgment lacking statutory pronouncement of sentence is a fatal irregularity; evidence of rape was insufficient to meet the beyond-reasonable-doubt standard. Criminal procedure – Judgment contents – Requirement to state offence, section and punishment – Failure to pronounce sentence – validity vs. curability under s.388(1) CPA; Evidence – Rape – proof beyond reasonable doubt, corroboration, and effect of complainant's alleged intoxication and nocturnal setting.	2 February 2022
Frank andrea Mwaipugu & Others vs Republic (Misc. Crim Appl. 1 of 2022) [2022] TZHC 87 (1 February 2022) Applicants charged with economic offence granted statutory bail subject to EOCCA s.36(5) conditions (deposit, surety, surrender of travel documents). Criminal procedure – Bail pending trial – Economic offences involving property exceeding TZS 10,000,000 – High Court jurisdiction; EOCCA s.36(5) – Statutory bail conditions (deposit/title deed, surety and bond, surrender of travel documents, movement restriction, appearance); Unopposed bail application – assurance of sureties and fixed abode as basis for grant of bail.	1 February 2022

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