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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
16 judgments
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16 judgments
Citation
Judgment date
November 2021
Athumani Faridi Mawele vs Republic (Criminal Appeal 38 of 2021) [2021] TZHC 7478 (30 November 2021)
Appeal dismissed: guilty plea upheld despite omission to cite statute and unsupported language-barrier claim; sentence and deportation affirmed.
Immigration law – unlawful presence – conviction on plea of guilty – ingredients of offence disclosed by facts. Criminal Procedure – conviction formality – omission to cite statutory provision (s312(2) CPA) not fatal where no prejudice. Criminal procedure – plea of guilty – language competence and voluntariness; afterthought language complaints unsupported by record. Sentence – statutory minimum affirmed; deportation ordered.
 30 November 2021
Edulai Springi @ Chaula vs Rehema William@ Mandowa (PC Civil Appeal 7 of 2021) [2021] TZHC 7477 (30 November 2021)
Adultery proved; District Court failed to evaluate trial evidence, so Primary Court’s dissolution order is upheld.
Family law – Divorce – Adultery – Proof of repeated acts of adultery as ground for dissolution under s.107(2)(a) Law of Marriage Act – Appellate review – duty to evaluate and analyse trial evidence – appellate reversal for failure to assess corroborative testimony.
 30 November 2021
the Director of Public Prosecutions vs Hamis Mohamed @ Kazumari (Criminal Appeal 52 of 2019) [2021] TZHC 7346 (25 November 2021)
Acquittal upheld where prosecution failed to prove rape beyond reasonable doubt due to insufficient and inconsistent evidence.
Criminal law – Rape – Proof beyond reasonable doubt – Need for corroborative/associative evidence linking accused to offence; Medical evidence – inconsistencies in clinical findings weaken prosecution case; PF3 – exhibit expunged where not read in court.
 25 November 2021
Abilahi J. Songa and 164 Others vs Sinoma International Engeneering (Misc. Labour Application 26 of 2019) [2021] TZHC 7231 (19 November 2021)
An application for extension is incompetent where the same matter was dismissed under section 3(1) of the Limitation Act; appeal is the remedy.
Labour procedure – extension of time – where a matter is dismissed under s.3(1) Law of Limitation Act a court cannot grant extension; remedy is appeal to Court of Appeal; technical delay from defective proceedings does not permit revival after dismissal.
 19 November 2021
Mohamedali Sadrudin Mohamedali vs Mahamoud Mwemusi Chotikungu and Another (Misc. Civil Application 9 of 2021) [2021] TZHC 7230 (19 November 2021)
Improper affidavit content renders company-related interim injunction application incompetent.
Company law - procedural requirements for applications concerning company management - defectiveness of supporting affidavits.
 19 November 2021
Rashid Said Tullah vs Isiaka Hashimu Tullah (PC Civil Appeal 5 of 2021) [2021] TZHC 7229 (19 November 2021)
Primary court lawfully revoked/reappointed administrator; administrator had locus standi to sue for estate misappropriation.
Probate & administration — Primary courts’ jurisdiction — Magistrates’ Courts Act, Fifth Schedule and Primary Courts (Administration of Estates) Rules govern administration of estates at primary court level. Administration — Revocation and reappointment of administrators — Paragraphs 2(a) and 2(c) of Fifth Schedule — lawful exercise of primary court powers. Locus standi — Administrator’s capacity to sue for recovery of misappropriated estate funds — proven by original court file. Procedure — Typographical errors in typed records do not render proceedings a nullity; overriding objective applied to remedy such errors.
 19 November 2021
Somoe Athumani Mtapalunda vs Selemani Rashidi Chioloka (Land Appeal 17 of 2021) [2021] TZHC 7357 (19 November 2021)
Appellant's failure to file ordered written submissions amounted to non-prosecution and led to dismissal of the appeal with no costs.
Civil procedure – Failure to comply with court order to file written submissions – Non-filing equates to non-appearance/failure to prosecute. Court management – Courts must enforce orders and may dismiss appeals for non-prosecution. Costs – dismissal for non-prosecution may be made without costs depending on court's discretion.
 19 November 2021
Emma Mohamed Nampembe and 15 Others vs Fatuma Machinga (Misc. Civil Application 17 of 2021) [2021] TZHC 7119 (16 November 2021)
16 November 2021
Sofia Ali Mnyumanga and Another vs Ali Said Mangaka (Misc. Land Appeal 11 of 2021) [2021] TZHC 7118 (16 November 2021)
16 November 2021
Salima Hassan Mpita vs Ally Said Nyele (Consolidated PC Matrimonial Appeals 17 of 2019) [2021] TZHC 7122 (11 November 2021)
11 November 2021
Director of Public Prosecutions vs Hamis Mohamed @ Naudende (Criminal Appeal 1 of 2020) [2021] TZHC 7482 (10 November 2021)
Victim's credible uncorroborated testimony sufficed to convict for statutory rape; PF3 expunged as improperly admitted.
Evidence — Sexual offences: section 127(7) Evidence Act — Credible uncorroborated testimony of a victim may suffice for conviction; Statutory rape — proof of age and penetration; Evidence — PF3 improperly admitted where contents not read out; Confessional/cautioned statement — corroboration issues.
 10 November 2021
Sofina Mbedo vs Kazumari Madevu (Misc. Land Case Appeal 11 of 2020) [2021] TZHC 7347 (9 November 2021)
Appellant's failure to prove non-service and insufficient cause warranted dismissal of extension-of-time application.
Land law — extension of time to appeal; procedural fairness — right to be heard; service of summons — burden lies on party asserting non-receipt; party duly served and absent waives right to be heard; District Tribunal limited to extension applications, not merits.
 9 November 2021
Abdallah Mohamed Nalola and 4 Others vs Salum Issa Namdidi and Another (Land Appeal 19 of 2020) [2021] TZHC 7481 (8 November 2021)
Whether the appellants proved ownership of disputed matrimonial property and the effect of a subsequent third-party auction sale.
Land law – ownership evidence – burden of proof on claimant to prove title on balance of probabilities; Matrimonial property – sale agreement as proof; Effect of subsequent public auction sale to third party not impleaded – purchaser's title defeats relief; Non-joinder of necessary party fatal to claimant's relief.
 8 November 2021
Director of Public Prosecutions vs Esha Abdallah Kombo and Another (Criminal Appeal 32 of 2021) [2021] TZHC 7476 (8 November 2021)
Respondents' refusal to obey an unchallenged civil execution order constituted criminal trespass and disobedience.
Criminal law – trespass – where civil court/tribunal has determined land ownership, refusal to vacate may constitute criminal trespass. Contempt/disobedience – failure to obey an unchallenged execution/eviction order constitutes disobedience of a lawful order (Penal Code s.124). Procedure – criminal courts must not re‑try or impugn civil judgments; civil orders remain effective until set aside.
 8 November 2021
Makarani Mzee Shaweji and 193 Others vs the Permanent Secretary,ministry of Defence and National Service of the United Republic of Tanzania and 2 Others (Land Case 5 of 2018) [2021] TZHC 7150 (4 November 2021)
4 November 2021
Ismail Ahmadi Mnakole and 9 Others vs Naliendele College of Agriculture (matt) and Another (Misc. Land Application 9 of 2021) [2021] TZHC 7358 (2 November 2021)
Application for interim injunction struck out for lack of authorization and locus standi by the applicants.
Civil procedure — Representative proceedings — Order I r.8(1), r.12(1) CPC — Requirement to show authority/notice for one applicant to represent others — Non-compliance defeats locus standi and warrants striking out. Civil procedure — Preliminary objection — Locus standi as jurisdictional threshold — Court may dispose of matter on preliminary objection without considering all limbs. Remedies — Interim injunction application struck out for procedural non-compliance; second limb (capacity to sue) left undetermined.
 2 November 2021