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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

57 judgments

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57 judgments

Citation	Judgment date
May 2023
Juma Sambagane Mahiti and 2 Others vs Republic (Criminal Appeal 63 of 2022) [2023] TZHC 17258 (5 May 2023) Appeal allowed: convictions quashed where prosecution failed to prove arrest within park boundaries and reliable trophy identification. National Parks/Wildlife offences – statutory construction of section 21 National Parks Act – whether it creates an offence; proof of location – necessity to establish arrest within park coordinates; identification of government trophies – adequacy and scientific reliability of expert description; burden and standard of proof in criminal cases; admissibility of inventory/valuation forms for perishable exhibits.	5 May 2023
Samwel s/o Mwikwabe @ Mwita vs Republic (Criminal Appeal 61 of 2022) [2023] TZHC 17259 (5 May 2023) Appeal allowed: convictions quashed where one charged offence lacked legal basis and prosecution failed to prove arrest within the park. Criminal law – National Parks Act – section 21(1) does not create an offence of unlawful entry into a national park. Criminal burden of proof – prosecution must prove location within statutory park boundaries for Park-related offences. Variation between charge particulars and evidence – material variance can defeat conviction for charged offence. Possession of government trophies – charge must reflect proven facts; failure to prove essential particulars vitiates conviction.	5 May 2023
Tarime District Council vs Josina Company Limited and 4 Others (Misc. Land Aplication 11 of 2023) [2023] TZHC 17147 (5 May 2023) Apparent illegality in conflicting execution orders justified a 30‑day extension to file revision despite delay accounting issues. • Civil procedure – Enlargement of time – Whether apparent illegality in impugned decision constitutes sufficient cause for extension.• Execution orders – Conflicting execution orders from one judgment – Legal inconsistency impeding execution and warranting revision.• Precedent – Lyamuya guidelines vs. authorities allowing extension where point of illegality is of sufficient importance.	5 May 2023
Vicent Okwaro vs Robert Athanas (Misc. Civil Application 35 of 2022) [2023] TZHC 17207 (5 May 2023) Wrong statutory citation for certification of a Ward Tribunal appeal renders the application incompetent; overriding objective does not cure it. Land Disputes Courts Act s.47(3) governs certification for appeals originating from Ward Tribunals; wrong statutory citation affecting jurisdiction; overriding objective cannot cure defects going to the root of the case.	5 May 2023
Bikara Erasto vs Penina Erasto Josiah and Another (PC Civil Appeal 73 of 2022) [2023] TZHC 17203 (4 May 2023) Administratrixes discharged on probate closure cease to have capacity to sue or be sued; subsequent proceedings are void. Probate law – administration – closure of probate and discharge of administratrix – effect of being functus officio – capacity to sue or be sued – proceedings instituted by person lacking capacity are void and liable to be quashed/struck out.	4 May 2023
Veronica Mbai vs Kikundi Cha Ebeneza and Another (PC Civil Appeal 4 of 2023) [2023] TZHC 17146 (4 May 2023) Proceedings and judgments quashed where parties’ status was altered without leave and a respondent was denied the right to be heard. Constitutional right to fair hearing – Article 12(6)(a); civil procedure – alteration of parties in appeal without leave; duty to summon parties and ex-parte hearing rules; supervisory jurisdiction of High Court under s.31(1) Magistrates' Courts Act; precedents: Salim Amour Diwani; Mbeya-Rukwa Auto Parts & Transport Ltd v. Jestina George; Tanalec Ltd v. Commissioner General.	4 May 2023
Oluoch Were vs Angisa Obonyo and Another (PC Civil Appeal 79 of 2022) [2023] TZHC 17035 (3 May 2023) Primary court proceedings and subsequent appeal are void where prescribed approved forms were not used and issues were not properly framed. Primary court procedure – Requirement to use approved forms under GN. No. 943 of 2020 – Failure to use forms and failure to frame issues – Procedural irregularity and violation of right to be heard – Nullity of primary and first appellate court proceedings.	3 May 2023