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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

9 judgments

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9 judgments


December 2011
New Kilimanjaro Bazaar Limited vs Board of Trustees of NSSF (Miscellaneous Civil Application No 25 of 2011) [2011] TZHC 2284 (19 December 2011) Allegations of judicial bias unsupported; refusal to address court is abuse—recusal denied and application dismissed with costs. Civil procedure — Abuse of process — court may invoke inherent powers — refusal to address the court to have a compromise (Deed) registered may be an abuse Civil procedure — Judicial recusal — mere apprehension without evidence insufficient (Rugaimukamu; Registered Trustees; Mwita Chacha) — standards for disqualification: need evidence of close relationship, personal bias or financial interest	19 December 2011
November 2011
Simon John Mmbaga vs Daniel K. Muro (Civil Revision No.2 of 2008) [2011] TZHC 2491 (18 November 2011) Revision cannot substitute for appeal; the application was time‑barred and dismissed. Civil procedure — Revision — Revision not an alternative to appeal Limitation law — Application filed out of time — 60‑day time limit for applications originating from Primary Courts/Magistrates' Courts Act Probate law — appointment of administrator — proper procedure to challenge appointment	18 November 2011
September 2011
Juma v Africa Muslim Agency and Another (DC Civil Appeal No.4 of 2010; ORG. CIVIL CASE N0.42/2009) [2011] TZHC 2485 (20 September 2011) Transitional provisions preserve jurisdiction of district/resident magistrates for employment disputes arising before the new labour law commenced. Employment law — Transitional provisions — Jurisdiction of district/resident magistrate versus newly established labour institutions — Pending or pre-commencement disputes governed by old law	20 September 2011
Yahaya Idd Segira vs Trust Coach & Another (DC Civil Appeal No. 15 of 2009) [2011] TZHC 2484 (2 September 2011) Hospitalisation does not excuse late filing; appellant must seek statutory extension before instituting suit. Limitation Act (Cap. 89) — tort actions limited to three years; section 16 (disability) permits exclusion of time but must be invoked by application; section 14(1) (court may extend time) and section 44(1) (Ministerial extension) are the proper remedies; section 3(1) mandates dismissal of proceedings instituted after prescribed period.	2 September 2011
August 2011
Fuya Godwin Kimbita vs Hon. Freeman Aikael Mbowe and Another (Misc. Civil Cause No. 3 of 2010) [2011] TZHC 2489 (18 August 2011) Failure to pay ordered security for costs within statutory time rendered the petition incompetent and justified dismissal under section 111(7). Civil procedure — Costs — dismissal for want of security for costs and costs to follow the event — Procedural default — consequences for competence of petition — security for costs	18 August 2011
Fuya Godwin Kimbita vs Hon. Freeman Aikael Mbowe and Another (Misc. Civil Cause No. 3 of 2010) [2011] TZHC 2490 (18 August 2011)	18 August 2011
July 2011
Freedrick Makisa vs Marco Naibala (Civil Revision Case No. 5 of 2009) [2011] TZHC 2487 (5 July 2011) A revision application filed beyond 60 days from the challenged ruling is time‑barred and dismissed with costs. Limitation law — Limitation — Revision applications — Applicability of Item 21 Part III Schedule to the Law of Limitation Act	5 July 2011
Arobogast Aloyse vs Theodory Boniface and Others (PC Civil Appeal No. 12 OF 2009) [2011] TZHC 2486 (1 July 2011) Primary courts lack jurisdiction over malicious prosecution; appeals from primary courts must be filed within thirty days. Civil procedure — Appeals from Primary Courts — Extension of time to appeal — Magistrates' Courts Act s 20(3)-(4) — Jurisdiction of Primary Courts — Torts (malicious prosecution) — Fourth Schedule to the Magistrates' Courts Act	1 July 2011
June 2011
Faustin Sungura vs Attorney General and Another (Misc. Civil Cause No. 39 of 2010) [2011] TZHC 2488 (24 June 2011)	24 June 2011