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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
13 judgments
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13 judgments
Citation
Judgment date
July 2022
Mohamed Kassim Nkwita (Misc. Land Application 55 of 2021) [2022] TZHC 12086 (29 July 2022)
Applicant failed to prove timely filing or provide satisfactory reasons, so extension of time to appeal was refused.
Extension of time – application for leave to appeal out of time – discretion to extend time must be exercised judicially – need for satisfactory reasons and corroborative evidence (court seal, exchequer receipt) – respondent without counter-affidavit lacks locus to oppose.
 29 July 2022
Jafari Juma Mnyandwa vs Mwajabu Twaha (Land Appeal 33 of 2022) [2022] TZHC 11042 (22 July 2022)
Mispleading capacity does not defeat a valid administrator’s claim where appointment is unchallenged and no miscarriage of justice occurred.
Civil procedure – locus standi – capacity of parties – mispleading of capacity as administrator; application of overriding objective to cure procedural defects; dismissal for lack of proof on merits. Evidence – burden and standard of proof in civil claims – Hemedi Said v Mbilu principle. Abuse of court process – repeated litigation and mispleading as a ground to defeat justice.
 22 July 2022
Natalia Kalimangás @ Selestine Kimbwanda @ Muhuwa vs Republic (Misc. Criminal Appl. 20 of 2022) [2022] TZHC 12096 (15 July 2022)
Extension of time granted where trial court's delay in supplying judgment copies constituted sufficient cause for delay.
Criminal procedure – extension of time to appeal – delay caused by trial court's failure to supply copies of judgment and proceedings – sufficient cause – respondent's failure to file counter-affidavit and locus to oppose – statutory notice to appeal.
 15 July 2022
Gerald Damian vs Republic (Criminal Appeal 18 of 2022) [2022] TZHC 13378 (14 July 2022)
Non‑compliance with statutory search and witness‑calling rules led to expunging of evidence and quashing of conviction.
Criminal procedure – Search and seizure – section 38(1)&(3) CPA – requirement of search warrant, independent witness and seizure receipt; failure renders exhibits inadmissible. Evidence – duty of prosecution to call material eyewitnesses; failure to do so permits adverse inference and may undermine proof beyond reasonable doubt. Possession of government trophies – prosecution must prove possession beyond reasonable doubt with procedurally obtained evidence.
 14 July 2022
Omary Said @ Lubawa vs Republic (Misc. Criminal Appl. 17 of 2022) [2022] TZHC 12099 (12 July 2022)
Prison confinement and delayed filing by others justified extension of time to lodge an appeal; petition to be filed within 20 days.
Extension of time – discretionary remedy – sufficiency of cause where applicant confined in prison; notice of intention to appeal signed promptly; delays by relatives or prison officers justify extension; respondent’s non‑opposition relevant.
 12 July 2022
asha Rashidi vs Justine Meli (Criminal Appeal 24 of 2022) [2022] TZHC 12098 (11 July 2022)
Subsequent litigation by the appellant over land already finally decided against her was held nullity and quashed.
Civil procedure – res judicata and finality of judgment – subsequent proceedings on matter already finally decided are nullity ab initio. Doctrine of functus officio – court loses jurisdiction to revisit matters finally adjudicated. Abuse of process – repeated re‑litigation of same land dispute; quashing of subsequent proceedings and costs each party to bear own costs.
 11 July 2022
asha Rashid vs Justine Meli (Criminal Appeal 24 of 2022) [2022] TZHC 12081 (11 July 2022)
Res judicata and functus officio render subsequent proceedings on a final land judgment nullity ab initio.
Civil procedure – res judicata; functus officio – finality of judgment; subsequent proceedings on same subject matter are nullity ab initio. Land law – repeated litigation over same parcel barred where ownership conclusively determined. Court practice – court may quash later proceedings and order costs where appeal is frivolous and parties so concede.
 11 July 2022
Fr. Ricardo Enrico Riccioni Alias Ricardo Maria vs Yonghua Trading Co. Ltd & Five Others (Civil Case 1 of 2021) [2022] TZHC 10588 (11 July 2022)
Plaintiff failed to plead a cause of action against the bank; bank removed from the suit and each party bears own costs.
Civil procedure – Preliminary objection – Whether plaint discloses cause of action against a defendant – Order VII Rule 1 (CPC). Banking law – Permissible banking activities – Opening, operating and closing accounts as customary banking functions under Banking and Financial Institutions Act. Consumer protection – Whether plaintiff is a ‘consumer’ under Bank of Tanzania Consumer Protection Regulations 2019 where no account or product use is pleaded. Jurisdiction – Pecuniary jurisdiction raised but not decided as preliminary objection on cause of action was dispositive.
 11 July 2022
Miriam Joseph Gwerder @ Mariam Gwerder @ Miriam vs Tan - Swiss Enterprises Ltd (Misc. Civil Cause 6 of 2021) [2022] TZHC 12082 (11 July 2022)
A signed settlement deed and BRELA filings validly effect a director’s removal; petitioner’s claim dismissed with costs.
Company law – directorship – appointment and removal – effect of settlement deed and BRELA filings on status of directors. Evidence – documentary evidence – section 100 Evidence Act and the parol evidence rule – written deed excludes oral variation. Civil procedure – plea of no case to answer – test and application in civil proceedings.
 11 July 2022
Iliney Molaskus & Another vs Republic (Criminal Appeal 23 of 2022) [2022] TZHC 10608 (6 July 2022)
A charge whose particulars allege a different offence (armed robbery) than charged (gang robbery) renders the trial a nullity and conviction void.
Criminal law – Charge sheet requirements – Sections 132 and 135 CPA – Particulars must give reasonable information as to the nature of the offence; defective particulars alleging a different offence (armed robbery) instead of the charged offence (gang robbery) render proceedings a nullity; conviction based on defective charge is void and not curable under section 388 CPA.
 6 July 2022
Elizabeth Kulwa Kibushi vs Mariana Mashiri Petro @ Another (Civil Revision 2 of 2022) [2022] TZHC 10607 (5 July 2022)
A Rule 62 objection cannot bar hearing when jurisdiction, res judicata or abuse of process are contested.
Civil procedure – preliminary objection – Order XXI Rule 62 CPC – objection proceedings generally not appealable or revisable; Jurisdiction – jurisdictional challenge renders decisions of a court lacking jurisdiction a nullity; Res judicata and abuse of process – where asserted, require merits consideration despite Rule 62; Revision – court may permit hearing on merits when jurisdiction is contested.
 5 July 2022
Equity Bank (T) Ltd vs Emanuel William Mwakyusa t/a Emmarene Investment (Civil Appeal 13 of 2022) [2022] TZHC 10606 (4 July 2022)
Purchaser at a proper public auction lacked locus standi to sue the mortgagee; remedy lies against the auctioneer absent fraud.
Contract law – privity of contract and locus standi – guarantor versus party to loan agreement; Sale by auction – purchaser’s remedy against auctioneer, not mortgagee absent fraud or collusion; Evidence – burden to prove damages and costs by admissible receipts; Civil procedure – scope for interfering with mortgagee’s sale of secured property.
 4 July 2022
Shida Omary @ Shomary vs Republic (Misc. Criminal Appl. 15 of 2021) [2022] TZHC 11350 (4 July 2022)
Court granted extension under s.361(2) CPA, finding disappearance of court copies by relatives amounted to good cause.
Criminal procedure — extension of time under section 361(2) CPA — discretionary power to admit appeals out of time — requirement of "good cause". Good cause — loss/disappearance of court copies entrusted to relatives — delay beyond applicant’s control may constitute good cause. Procedural distinction — Notice of Appeal filed within time vs Petition of Appeal filed late; extension can be granted where good cause shown.
 4 July 2022