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

9 judgments

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9 judgments

Citation	Judgment date
July 2021
Kaisi Hamisi Mpanda vs Frank Julius Sigele (Misc. Land Appeal 9 of 2021) [2021] TZHC 10710 (28 July 2021)	28 July 2021
Faraji Ali Rukwanja vs Lindi Town Council (Land Appeal 7 of 2009) [2021] TZHC 5598 (23 July 2021) A limitation preliminary objection is inappropriate where the date of accrual and negotiations are disputed and require evidence. • Civil procedure – preliminary objection – limitation plea – whether a limitation plea is a pure point of law when accrual date is disputed.• Limitation law – accrual of cause of action – date of accrual is a question of fact requiring evidence.• Extension of time – ongoing negotiations/communications may be relevant to delay and require factual proof.• Mukisa principle – preliminary objections inadmissible where facts must be ascertained or judicial discretion exercised.	23 July 2021
Lidya Raisi Ngochero vs Selemani Mohamed Mkanganyo (Land Appeal 8 of 2020) [2021] TZHC 5627 (20 July 2021) Failure to show Ward Tribunal jurisdiction and to record quorum/gender renders proceedings and appeal a nullity. Land law – Ward Tribunal jurisdiction – pecuniary limit and requirement to record value; procedural compliance – recording quorum, member identities and gender representation; failure to satisfy jurisdictional and record-keeping requirements renders proceedings a nullity; appellate duty to address jurisdictional and procedural defects.	20 July 2021
DPP vs Amedei Seraphin@mkoba (Criminal Appeal 65 of 2020) [2021] TZHC 5626 (19 July 2021) Appeal dismissed: prosecution failed to prove abuse of office and theft by public servant beyond reasonable doubt. Criminal law – Corruption – Abuse of position under s.31 Prevention and Combating of Corruption Act – ingredients required: intentional abuse, breach of law, undue advantage. Criminal law – Theft by public servant – ss.258(1)(2)(a), 270 Penal Code – elements of actus reus and mens rea, and enhanced liability. Evidence – cautioned statement and documentary exhibits – necessity of clear admission and probative weight. Credibility findings – trial court’s assessment of witnesses and acceptance of opposing testimony can dispose prosecution case.	19 July 2021
Hassan Mwichande Mpamanda vs Republic (Criminal Appeal 103 of 2020) [2021] TZHC 5624 (19 July 2021) Appeal allowed: conviction quashed due to misapplied statutory provisions, material inconsistencies and inadequate proof beyond reasonable doubt. Criminal law – Unnatural offence (sodomy) against a child; charge-sheet particulars and curability (s.388 CPA); mandatory judgment content (ss.235, 312 CPA); inconsistencies in prosecution and inconclusive medical evidence; failure to evaluate defence – conviction quashed.	19 July 2021
Baltazar Claudio Pascal and 3 Others vs Republic (Misc. Criminal Application 11 of 2021) [2021] TZHC 5603 (15 July 2021) Applicants previously on bail and with no breach were granted bail pending trial subject to specified conditions. Criminal procedure – Bail pending trial – Prior admission to bail and compliance as factor favouring grant of bail – Conditions for release: cash or property deposit, sureties, surrender of travel documents, reporting and verification of sureties.	15 July 2021
Juma Omary Juma vs Nuru Khatibu Namkuna (PC Civil Appeal 2 of 2021) [2021] TZHC 5605 (15 July 2021) Whether matrimonial assets should be equally divided where contributions are unclear and maintenance includes education. Matrimonial property – division – equality versus contribution; maintenance under Law of Marriage Act – includes education; custody – welfare and children’s independent wishes; valuation and buy-out; unjust enrichment where one spouse financed the other’s education.	15 July 2021
Mohamedi Abdallah Ndungwi vs Republic (Criminal Appeal 107 of 2020) [2021] TZHC 5600 (14 July 2021) Conviction for a non‑cognate lesser offence cannot replace a charged rape conviction without notice and factual cognateness. Criminal law – substitution of lesser offence – cognateness requirement – notice to accused – Education Act s.60A(4) – conviction quashed where lesser offence not cognate to charged rape offence.	14 July 2021
Seleman Hassan vs Republic (Criminal Appeal 60 of 2020) [2021] TZHC 5625 (14 July 2021) Child’s unsworn account, corroborated by mother and medical evidence, upheld rape conviction and mandatory life sentence. Criminal law – Rape of a child – Delay in complaint due to threats – admissibility and reliability of child’s unsworn evidence; corroboration by parent and medical evidence. Evidence – use of euphemistic language by child witnesses and contextual interpretation under section 130(4) of the Penal Code. Sentencing – statutory life sentence for rape of a child under ten years.	14 July 2021