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

Visit website

https://jmap.judiciary.go.tz/jmap/jmap-hc

13 judgments

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13 judgments


October 2012
Abeid Said Islam vs Ally Rajabu Mshana (Dc. Civil Appeal Case No.16 of 2010) [2012] TZHC 661 (19 October 2012) Primary courts lack jurisdiction to determine land ownership in probate proceedings; appeal dismissed with costs. Civil procedure — jurisdiction — Whether probate court may determine ownership/matrimonial land disputes — Magistrates' Courts Act/ Land Disputes Courts Act Land law — jurisdiction of land courts — Primary courts excluded from civil land matters under Land Disputes Courts Act (Cap. 216 R.E.2002) Probate law — Administration of estates — ownership disputes over estate property — ownership disputes to be determined by the court seized with administration (Primary Court)	19 October 2012
September 2012
Mariam d/o Hamis Kassim vs Republic (DC Criminal Appeal No 24 of 2011) [2012] TZHC 664 (21 September 2012)	21 September 2012
Gilbert C. Ngowi & Another vs Rhoda Joseph (PC Civil Appeal No. 8 of 2009) [2012] TZHC 660 (7 September 2012) Absence of clan meeting minutes does not invalidate administratrix appointment; challenger bears the onus to prove disqualification. Civil procedure — Burden of proof — Burden of proof on the party who alleges Probate law — Appointment of estate administrator — Family meeting minutes not prerequisite to appointment of administrator — Probate and Administration of Estates Act s.33(1)	7 September 2012
August 2012
MsGeleta Elieter Msuya vs Director Christian ED (KKKT) Pare Diocese (Misc. Civil Application No. 34 of 2008) [2012] TZHC 672 (15 August 2012) Affidavit relying on undisclosed verbal information from registry staff is hearsay and renders the application incompetent. Civil procedure — Affidavit requirements — undisclosed-source averments are hearsay — affidavits of material third parties required — non-compliance with Order XLII r.2 renders application incompetent and liable to be struck out	15 August 2012
Anania Munuo vs Adolfu Kimaro (Misc. Land Appeal 10 of 2008) [2012] TZHC 145 (6 August 2012) Long uninterrupted occupation and owner’s acquiescence established adverse possession; appeal dismissed and tribunal decision upheld. Civil procedure — Procedural — delay in asserting ownership undermines claim Evidence — allocation documents and receipts — probative value weighed against factual possession Land law — adverse possession — long uninterrupted occupation and development — acquiescence by owner leading to loss of title	6 August 2012
June 2012
Faustin Sungura v Attorney General & Another (Misc. Civil Application No.28 of 2011) [2012] TZHC 669 (22 June 2012) Review of election petition closed for non‑payment of security dismissed as barred by s.111(7) and not a substitute for appeal. Civil procedure — Res judicata — re‑litigation barred where same subject matter and substantially same parties — to protect finality of litigation — Review jurisdiction — not a substitute for appeal — except in exceptional circumstances Election law — security for costs — interpretation of section 111 National Elections Act — Ouster of further proceedings	22 June 2012
Peter Mbwambo & Another vs Kizota Kajiru Kengia & Another (Misc. Civil Revision No.1 of 2012) [2012] TZHC 670 (15 June 2012) Hearing a civil suit by written submissions without framed issues or recorded evidence is unlawful; retrial ordered. Appellate practice — Appeal procedure — Defective decree accompanying memorandum of appeal grounds for striking out appeal Civil procedure — Trial procedure — Procedural irregularity — Legality of deciding suit by written submissions without scheduling order or oral evidence — Order XVIII CPC	15 June 2012
May 2012
Regina Luca Msami vs Mrs Eleshi Anael Kyama (Misc. Civil Application No. 4 of 2008) [2012] TZHC 671 (11 May 2012) Leave granted to appeal solely on whether limitation runs from initial trespass or subsequent acts of trespass. Civil procedure — leave to appeal to Court of Appeal — limitation of actions — computation of limitation where trespass alleged to have occurred in phases (1987, 1991, 2001) — amendment of pleadings	11 May 2012
March 2012
Republic vs Felician Francis Kiseye @ Mawazo @ Romboo @ Matatizo (Criminal Sessions Case No. 1 OF 2009) [2012] TZHC 665 (5 March 2012) Circumstantial evidence, identification problems and investigative shortcomings prevented proving murder beyond reasonable doubt. Criminal law — Exhibits — chain of custody and inconsistent descriptions (shoe, machete) undermine linkage — identification — nighttime identification and lack of parade weaken reliability — Murder	5 March 2012
Faustin Sungura vs Attorney General & Another (Misc Civil Application No 26 of 2011) [2012] TZHC 668 (2 March 2012)	2 March 2012
February 2012
In Re (MISC. CIVIL APPLICATION NO.28 OF 2010) [2012] TZHC 666 (23 February 2012) Adoption granted where statutory procedures were satisfied, guardian ad litem recommended adoption, and biological parent consented. Family law — Adoption — best interests of the child — Consent of biological parents and role of guardian ad litem	23 February 2012
Yusuph Mohamed vs Republic (DC Criminal Appeal No. 21 OF 2009) [2012] TZHC 663 (17 February 2012) Nighttime identification without evidence of lighting or clear familiarity makes the conviction unsafe against the appellant. Criminal law — Admission of PF.3 — procedural but not decisive — identification evidence — Insufficient corroboration — injured witness unconscious, delayed identification — Trial error — reliance on facts not in evidence (claim of electricity)	17 February 2012
Baltazary Sebastian vs Republic (DC Criminal Appeal Case No. 74 OF 2009) [2012] TZHC 662 (10 February 2012) Conviction quashed where cautioned statement was admitted without inquiry and prosecution evidence was inconsistent and insufficient. Criminal law — Rape — Admissibility of cautioned/confession statement — Duty to conduct trial-within-a-trial upon objection — Failure to call material witnesses — Conviction unsafe and quashed — Improper tendering of PF.3 — Inconsistencies and delay in prosecution evidence	10 February 2012

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