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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

6 judgments

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6 judgments

Citation	Judgment date
October 2014
Jabil Maulid vs Inspector General of Police & Another (Civil Case 7 of 2012) [2014] TZHC 2060 (31 October 2014) High Court lacked jurisdiction over a police disciplinary employment dispute; remedy lies in judicial review or administrative claim. Police disciplinary law; finality/exclusion clause in statutory disciplinary scheme; Inspector-General's decisions final; remedy by leave and prerogative orders (judicial review) not ordinary civil suit; police officers not covered by Employment and Labour Relations Act; High Court lacks original jurisdiction for such labour/disciplinary disputes.	31 October 2014
September 2014
Asma Mohamed vs Damiani Nannimuka & 2 Others (Misc. Civil Appeal No. 2 of 2012) [2014] TZHC 2649 (12 September 2014) Appellate court found trial magistrate procedurally wrong; objector must bring a separate suit to establish ownership after attachment and sale. Civil procedure — Execution and attachment — Order XXI r.57–62 — Objection to attachment — Preliminary objection must be determined first (Order XIV r.2) — Eviction order cannot be validly sustained while attachment and sale remain intact — Remedy is suit under Order XXI r.62 to establish ownership where attachment and sale remain.	12 September 2014
District Executive Director of Liwale Council vs Boniface S. Maganga (Civil Appeal 3 of 2013) [2014] TZHC 2152 (3 September 2014) Ex parte judgment entered without required proof and without resolving jurisdictional preliminary objection was set aside and matter remitted. Civil procedure – Ex parte judgment – Requirement of ex parte proof under Order VIII r.14(2)(b); Written statement of defence – effect of failure to file amended WSD when original WSD filed; Formal requirements of judgment – Order XX (points and concise decisions); Preliminary objections – jurisdictional objections must be determined before merits; Remedy – setting aside defective ex parte judgment and remitting for rehearing.	3 September 2014
Hamis Ismail Mdunguma vs Anuary M. Abdulrazak (Revision No. 4 of 2014) [2014] TZHC 2325 (2 September 2014) A seven-year delay in referring a termination dispute to the CMA without sufficient reasons renders the matter time-barred and non-justiciable. * Labour law – Limitation and jurisdiction of the CMA – Disputes about termination must be referred within 30 days (Rule 10(1) GN No.64/2007) – Late referral requires sufficient reasons for condonation. * Condonation – Poverty, seeking legal advice and ignorance of law are generally insufficient to grant extension of time. * Settlement – Acceptance of terminal/repatriation payment may preclude later claims.	2 September 2014
July 2014
Saidi Mohamed Omari vs Neema H. Malivata (PC Matrimonial Appeal 7 of 2013) [2014] TZHC 2254 (24 July 2014) Conciliatory board certificate was present; houses acquired during marriage are matrimonial and respondent has beneficial interest. * Marriage law – s.101 Law of Marriage Act – requirement of conciliatory board certificate – certificate from BAKWATA dated 14/6/2012 satisfied requirement. * Matrimonial property – immovable property registered in husband’s name may still be matrimonial if acquired during marriage and there was spousal contribution. * Contribution evidence – spouse’s gainful employment and witness testimony can establish beneficial interest. * Division of matrimonial assets – courts may order sale and equal division where properties found matrimonial.	24 July 2014
May 2014
Invocavit Zakayo Mushi vs Mohamed Abdallah Wadi & Another (Misc. Land Aplication 35 of 2013) [2014] TZHC 2277 (30 May 2014) Court granted a six-month temporary injunction restraining the respondent from developing disputed land pending the main suit. * Civil Procedure – Order XXXVII Rule 1(a) – application for temporary injunction to prevent wasting, damaging or alienation of disputed land * Interim relief – preservation of status quo, balance of convenience, irreparable injury * Land disputes – interim injunction to restrain development pending determination of title	30 May 2014

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