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

14 judgments

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14 judgments

Citation	Judgment date
December 2001
Nour Tittu vs David Captain Kasililika (Msc. Civil Appeal No. 8 of 1999) [2001] TZHC 731 (7 December 2001) Whether a Resident Magistrate may tax costs of proceedings concluded in the High Court and the correct procedure to challenge taxation. Civil procedure — Jurisdiction of taxing master; Resident Magistrate lacks power to tax costs for proceedings terminating in the High Court; Procedure to challenge taxation — reference to High Court (not appeal/revision); Abuse of process by counsel attempting taxation in a court without jurisdiction.	7 December 2001
Keneth Simbeye vs Safina Ziwani Katumbi (PC Matrimonial Appeal No 1 of 2001; PC Matrimonial Appeal No. 1 of 2001) [2001] TZHC 525 (4 December 2001) An appellate court cannot indefinitely suspend sale of matrimonial property on welfare grounds absent statutory or time‑limited justification. Law of Marriage Act – power to order sale and division of matrimonial property – factors to consider (custom, contributions, children’s needs) – limits on suspending sale – welfare of children does not justify indefinite suspension absent statutory basis.	4 December 2001
November 2001
Prisca Magaga vs Alphonsina Sanga (DC Civil Appeal No. 12 of 1999 (No.36/1099)) [2001] TZHC 595 (22 November 2001) Insufficient evidence and an improperly procured birth‑extract meant adultery and paternity were not proved. Adultery — proof required; circumstantial evidence insufficient; authenticity and lawful procurement of birth‑register extracts; probative value of Exh P1.	22 November 2001
Republic vs James Bandoma (Criminal Appeal Case No. 73 of 1998) [2001] TZHC 763 (16 November 2001) Waiver of Court of Appeal record fees refused where no substantive point of law and applicant failed to prove indigence. * Criminal law – Sexual offences – Defilement – Conviction may be based on uncorroborated testimony of a child of tender years if court warns itself and is satisfied of truth (s127(3) Evidence Act). * Evidence – Failure to call available witnesses – No automatic adverse inference; prosecution must prove guilt beyond reasonable doubt and number of witnesses is not decisive (s143 Evidence Act). * Civil procedure – Waiver of court fees for appeal records (Court of Appeal Rules, r120) – requires arguable points of law and proof of indigence; discretionary and not to be granted where applicant fails to show pauperism.	16 November 2001
Hamadi Sandali vs Republic (Criminal Appeal Case No. 2/1997) [2001] TZHC 592 (12 November 2001) A voluntary cautioned statement can sustain possession convictions despite absence of the initial possessor as a witness. Criminal law – confession (cautioned statement) – voluntariness and admissibility; proof of possession – constructive/recent exclusive possession by confession; absence of primary witness not fatal where corroborative evidence exists; incorrect statutory citation not prejudicial where facts clear; sentence upheld.	12 November 2001
Hashimu Mbonde vs Republic (HC Criminal Appeal No 35 of 2001) [2001] TZHC 513 (8 November 2001) Conviction for statements likely to promote ill‑will upheld; nine‑month sentence reduced to four months. Criminal law – s.63B(1) Penal Code – uttering words likely to promote discontent and ill‑will among different classes – evidential credibility – proviso defences – sentencing discretion; appellate reduction of excessive sentence.	8 November 2001
October 2001
George Ndelwa and Another vs Honest Utwa (Misc Civil Appeal No. 10 of 1997) [2001] TZHC 707 (26 October 2001) Failure to annex the drawn order to a memorandum of appeal is a mandatory defect that renders the appeal incompetent. Civil procedure – Appeals from orders – Order XL r.2 applying Rules of Order XXXIX – Rule 1(1) requires memorandum of appeal to be accompanied by a copy of the drawn order (mandatory) – omission fatal to appeal.	26 October 2001
Mapunda and Another v Republic (Criminal Appeal No. 58 of 1999) [2001] TZHC 803 (8 October 2001) (From the decision ofthe Songea District Court in Criminal Case No.493ofl998) Criminal Law - Attempted rape - Factors constituting the offence. Criminal Law - Common intention - When common intention is established in G the offence of attempted rape. Evidence - Corroboration - Corroboration in sexual offences - Whether corroboration is necessary in sexual offences - Section 127 ofthe Evidence Act as amended by section 27 of the Sexual Offences (Special Provisions) H Act 1998. Criminal Practice and Procedure - Charges - Charge preferred under repealed section of the law - Repealed section re-enacted in identical words in the current statute - Defect is a curable	8 October 2001
September 2001
Mwanahamisi Hamisi vs Captain Saidi Omari (PC Civil Appeal No. 19 of 2000) [2001] TZHC 455 (18 September 2001) An owner retains title despite sale by an unauthorised licensee; bona fide purchaser may claim compensation for permanent crops. Land law – customary tenure – licence‑holder without authority cannot transfer title; bona fide purchaser for value entitled to compensation for permanent improvements; misapplication of Land Acquisition Act; remedy: restitution of land to owner with compensation assessment for crops and trees.	18 September 2001
Anna d/o Hyera vs Baptista Mbena ((PC) Civil Appeal No. 34 of 1998) [2001] TZHC 758 (11 September 2001) Application for leave to appeal to Court of Appeal was incompetent and time‑barred; struck out with costs. Appellate procedure — Rule 43(a) Court of Appeal Rules — leave to appeal to Court of Appeal applies to High Court decisions only; no direct leave from subordinate courts. Time limits — application hopelessly time‑barred; must seek extension under s.25(1)(b) Magistrates' Courts Act before appealing to High Court. Competency — improper procedure renders application incompetent and liable to be struck out.	11 September 2001
Dastani Mbungu vs Innocent Jawila Mbungu (PC Civil Appeal No. 21 of 1997) [2001] TZHC 704 (7 September 2001) A purchaser who breaches by failing to pay an instalment cannot claim refunds or maintenance costs without proof. * Contract for sale – purchaser's failure to pay instalment – breach by purchaser – entitlement to restitution or damages after rescission. * Evidence – award of costs for maintaining property – necessity of proof of expenditure. * Part-payment by livestock – valuation of animals as consideration – effect of purchaser's breach on claims for restitution.	7 September 2001
July 2001
Manufredi Luogo vs Gaudence Mapunda (PC Criminal Appeal No. 3 of 2000) [2001] TZHC 682 (25 July 2001) An appellate court may order a trial de novo under s.21(1)(c) to secure justice even if explicit reasons are not given. * Criminal procedure – Power of appellate court to quash proceedings and order trial de novo under s.21(1)(c) Magistrate's Courts Act – requirement to give reasons. * Credibility – false assertion about a witness’s death undermines applicant’s credibility. * Retrial – recall of witnesses does not necessarily occasion prejudice; retrial may be ordered to ensure justice is seen to be done.	25 July 2001
March 2001
Bernard Malinga vs National Insurance Corporation (T) Limited (Civil Case No. 12 of 2001) [2001] TZHC 559 (15 March 2001) A discharge voucher acknowledging receipt of money is not a promissory note and cannot support a summary suit under Order XXXV. Civil procedure – Order XXXV (summary suits) – Requirement that document be a promissory note or negotiable instrument – Distinction between promissory note and receipt/acknowledgement of debt; insufficiency of a discharge voucher to sustain summary proceedings.	15 March 2001
February 2001
Raymond Anton @ Killer vs Republic (HC Criminal Appeal No 10/99) [2001] TZHC 555 (13 February 2001) Appellants' convictions for possession of suspected stolen goods upheld due to credible identification and implausible explanations. * Criminal law – Burglary and stealing – possession of goods reasonably suspected to have been stolen – section 312(1)(b) Penal Code. * Criminal procedure – conviction on alternative count where principal charge ownership not proved. * Evidence – identification, caution statements and credibility of accused’s explanations; sufficiency of evidence to support conviction.	13 February 2001