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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

5 judgments

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5 judgments

Citation	Judgment date
December 2015
Shabani Saidi vs Mwanahamisi Nassoro ((PC) Civil Appeal No 5 of 2013) [2015] TZHC 3438 (4 December 2015) An appellate court cannot divide matrimonial assets not pleaded or proved at trial; a fresh claim must be filed in the court that granted the divorce. Matrimonial property – Division of assets – Requirement to plead and adduce evidence – Section 114(1) Law of Marriage Act – Jurisdiction of appellate court – Proper procedure for subsequent claim in same court that granted divorce.	4 December 2015
Shabani Bakari vs Salumu Makaranga (Misc. Land Case Appeal No. 114 of 2013) [2015] TZHC 3437 (1 December 2015) Appellate tribunal properly inquired into linked proceedings and drew adverse inference for appellant's refusal to attend locus inspection; appeal dismissed. Land appeal — appellate powers under s.34(1)(c) of the Land Disputes Courts Act — entitlement to make inquiries and order locus in quo inspections; Evidence — adverse inference for refusal to attend locus inspection; Procedural law — reliance on prior ruling appearing in Ward Tribunal record; Evaluation of evidence — appellate tribunal's duty to inquire where trial tribunal omitted relevant issues.	1 December 2015
November 2015
Mkoma Shilla vs Abdu Hamis (Land Appeal No. 60 of 2014) [2015] TZHC 3416 (18 November 2015) Where a party misses the defence hearing date, the Tribunal may proceed ex parte and the absent party must apply to set aside the decision, not appeal. Land law — procedure — ex parte hearing under Regulation 11(1)(c) GN 174/2003 — applicability where respondent absent on fixed hearing date despite prior presence; remedy to challenge ex‑parte judgment is application to set aside, not appeal.	18 November 2015
October 2015
Republic vs Simon Aron (Criminal Sessions Case No. 87 of 2010) [2015] TZHC 2904 (2 October 2015) A repudiated voluntary confession corroborated by injuries and post‑mortem sufficed to convict the accused of murder. Criminal law – confession to private persons – voluntariness and admissibility; repudiated confession – need for caution and corroboration; corroboration by post-mortem and conduct; proof beyond reasonable doubt in murder without eye‑witness.	2 October 2015
May 2015
Shabani Kisyeri vs China Henan International Cooperation Co. Ltd (CHICO) (DC Civil Appeal No. 15 of 2010) [2015] TZHC 3456 (28 May 2015) Post-2006 ELRA vested exclusive CMA jurisdiction over labour disputes; lower courts lacked jurisdiction and appeal was dismissed. Labour law – Employment and Labour Relations Act 2004 – commencement 20 December 2006 – effect on jurisdiction. Jurisdiction – exclusive jurisdiction of the Commission for Mediation and Arbitration (CMA) over labour disputes – District and Resident Magistrate's Courts lack jurisdiction post-commencement. Procedural law – referrals by Regional Labour Officer do not confer jurisdiction upon courts lacking statutory competence. Transitional/limitation issues – filing after commencement of new law does not preserve jurisdiction in lower courts.	28 May 2015

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