Skip to document content Skip to main menu Skip to search

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
8 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
8 judgments
Citation
Judgment date
March 2021
Mkaramani Amcos vs Said Abdallah,generosa James,hadija Simba and Shabani Chiuka (DC Civil Appeal 13 of 2019) [2021] TZHC 2707 (25 March 2021)
District Court jurisdiction upheld where CPC excludes Primary Courts and withdrawal of trial objection bars raising it on appeal.
Civil procedure – jurisdiction of subordinate courts – applicability of the Civil Procedure Code to Primary Courts – section 3 CPC excludes Primary Courts; pecuniary limits are maximums not minima – withdrawal of jurisdictional objection at trial precludes raising it on appeal.
 25 March 2021
Moza Issa vs Abdallah Hassan Nguli (Misc. Civil Application 24 of 2020) [2021] TZHC 2708 (25 March 2021)
Court granted extension to file appeal due to applicant’s disability, poverty, remoteness and advocate’s delaying conduct.
Extension of time; Law of Limitation Act s.14(1); High Court inherent powers (Civil Procedure Code); factors for granting extension (cause, length, accounting, prejudice, illegality); disability, poverty and advocate’s conduct as sufficient cause.
 25 March 2021
Athuman Mussa Nambole vs Mshamu Said Liuye (Misc. Land Appeal 3 of 2019) [2021] TZHC 3147 (18 March 2021)
18 March 2021
Magdalena theresia Ngondo vs Avor Ngonyani (Land Appeal 12 of 2020) [2021] TZHC 3132 (18 March 2021)
Uncontroverted illness and pursuit of appeal constituted sufficient cause to extend time to file a bill of costs.
Law of Limitation Act s14(1) – extension of time – sufficient cause – discretionary relief; uncontested affidavit – serious illness (heart disease and cancer) and pursuit of appeal as sufficient cause; award of costs – substantial justice; District Land and Housing Tribunal erred in dismissing ex parte application; High Court may step into Tribunal's shoes to grant extension.
 18 March 2021
Saidi Juma Bakari and Mohamed Seleman Katindi vs Tpb Bank PLC, Tulvin Investment Co. Ltd. and Kaifa Sijali Mussa (Land Appeal 11 of 2020) [2021] TZHC 3129 (11 March 2021)
Tribunal wrongly applied res judicata; applicants’ challenge to property sale must be heard on the merits.
Civil procedure – res judicata – application of section 9 Civil Procedure Code – five requirements for res judicata (same issue, same parties, same title, competent court, finally decided). Preliminary objection – suitability for determination at preliminary stage – mixed questions of law and fact. Land law – mortgage and sale of property – distinction between challenge to mortgage and challenge to sale. Remedy – quashing of decision and remittal for hearing on merits.
 11 March 2021
Kipenda Ngalingwa Kilindo vs Felician Kimbache,abdallah Kimbache,justine Kimbache,hemed Kimbache,petro Daud,judith Kimbache and Damales John (Misc. Land Application 4 of 2020) [2021] TZHC 2709 (9 March 2021)
Court granted extension to file appeal due to late supply of certified judgment, finding sufficient cause and exercising discretion.
Land law – Extension of time – Application under s.41(2) Land Disputes Courts Act – Whether delay in supply of certified judgment amounts to sufficient cause – Court’s discretion and consideration of interest of justice.
 9 March 2021
Republic vs Seleman Amri Mkokotole (Criminal Revision 2 of 2018) [2021] TZHC 3066 (8 March 2021)
Revision dismissed where prosecution argued merits but failed to show illegality or irregularity on the trial record.
Criminal procedure — Revisional jurisdiction under sections 372 and 373 CPA — limits and purpose. Revision is not a substitute for appeal — merits and sufficiency of evidence are appellate matters. Revision requires clear illegality, irregularity or incorrectness apparent on the record. Ex parte hearing permitted where respondent absents after published notice.
 8 March 2021
Frola Mkonda vs Abed Amani Mbelengo (Misc. Land Application 20 of 2020) [2021] TZHC 2883 (5 March 2021)
Applicant granted 20‑day extension to appeal; court exercised discretion recognising constitutional right to appeal.
Land law – Extension of time to appeal – Discretionary power of High Court to grant extension – constitutional right to appeal – consider prior unsuccessful attempts and respondent’s non‑opposition.
 5 March 2021