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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
4 judgments
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4 judgments
Citation
Judgment date
November 2019
Samwel Emmanuel Fulgebce vs Republic (Criminal Appeal No. 4 of 2018) [2019] TZHC 15805 (8 November 2019)
An appeal by the respondent (DPP) against an acquittal is time-barred if notice or petition are not filed within section 379 CPA limits.
* Criminal procedure – Appeals by the Director of Public Prosecutions – Time limits under section 379(1) CPA – notice of intention to appeal (30 days) and petition of appeal (45 days). * Validity of notice of appeal – notice addressed to wrongly described or non-existent subordinate court is invalid. * Computation of time – exclusion of period spent obtaining certified copies of proceedings/judgment when computing the 45-day period. * Jurisdiction – High Court lacks jurisdiction to entertain an appeal filed outside statutory time limits; consequence is quashing of proceedings, conviction and sentence.
 8 November 2019
January 2019
Joyce Stephen vs Republic (Criminal Appeal 132 of 2018) [2019] TZHC 2030 (24 January 2019)
Appellate court reduced an excessive maximum sentence imposed despite mitigating factors, ordering immediate release.
Criminal law – sentencing – possession of traditional liquor – excessive sentence – failure to consider mitigating factors (first offender; guilty plea) – new medical evidence raised on appeal – appellate substitution of sentence.
 24 January 2019
Nickson Zabulon vs Menrad Mwaliweuli Msigala & Another (Land Case 6 of 2012) [2019] TZHC 2031 (10 January 2019)
Administrator failed to prove alleged wrongful mortgage; bank relied on valid registered mortgage and suit was dismissed.
* Land law – mortgage validity – identity of mortgagor and parcel; documentary evidence as primary proof; distinction between Plot 'A' and Plot 'H'. * Registration – section 67 Land Registration Act – administrator must be registered to assert title interest. * Evidence – public documents and registry records presumed regular; oral evidence cannot supplant written records. * Damages – litigation costs not recoverable as general damages without causal nexus.
 10 January 2019
Legal and Human Rights Centre & Others vs Minister for Information, Culture and Sports & Others (Misc. Civil Cause 25 of 2018) [2019] TZHC 2032 (9 January 2019)
Only the conflicting definition of 'content' in online content regulations was quashed as ultra vires; all other challenges failed.
Administrative law – Judicial review – Ultra vires – Definition of statutory terms in subsidiary legislation – Whether a Minister exceeded powers under parent legislation in promulgating online content regulations – Subsidiary legislation – limits of delegated authority – Natural justice – Reasonableness and ambiguity in regulation.
 9 January 2019