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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

6 judgments

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6 judgments

Citation	Judgment date
October 2013
Ally Hussein vs Jafua Nchawale (Land Case Appeal No. 6 of 2013) [2013] TZHC 2174 (31 October 2013) Court dismissed land appeal after finding the appellant lacked locus standi and originating proceedings were void. * Land law – locus standi – capacity to sue – plaintiff must prove title or authority (e.g., ownership, administration of estate, family representative). * Civil procedure – nullity – proceedings are void ab initio where claimant lacks locus standi; subsequent appeals founded on void proceedings fall. * Evidence – conflict of witness accounts undermining proof of ownership.	31 October 2013
Namtumbo District Council vs M.S Olina Investments (Civil Case No. 1 of 2013) [2013] TZHC 2161 (29 October 2013) An arbitration clause requires disputes on termination and payment to be referred to arbitration; court stayed the suit. Arbitration clause – scope and enforcement – disputes over contractual termination and non-payment fall within arbitration clause; stay of court proceedings under s.6 Arbitration Act enforced; parties’ readiness to arbitrate relevant.	29 October 2013
Omari Zuberi vs Junus Nyondo (PC Criminal Appeal No. 6 of 2013) [2013] TZHC 2187 (28 October 2013) Appeal allowed: conviction quashed because prosecution failed to prove theft beyond reasonable doubt with non‑watertight evidence. * Criminal law – Theft – Evidence; * Requirement that guilt be proved beyond reasonable doubt; * Circumstantial and single-witness evidence must be watertight and lead irresistibly to guilt; * Appellate review in second appeal where lower courts' findings are unsafe.	28 October 2013
Manfred Hyera vs Republic (DC Criminal Appeal No. 20 of 2013) [2013] TZHC 2170 (23 October 2013) Conviction for stealing by agent quashed for failure to prove essential elements and inadequately reasoned trial judgment. Criminal law – stealing by agent – proof of actus reus and mens rea; Criminal procedure – judgment requirements under s.312(1) – points for determination and objective evaluation; Evidentiary weight of complainant's post-event payments and lack of verification.	23 October 2013
Yazidu Nyoni vs Republic (Misc. Criminal Application No. 1 of 2013) [2013] TZHC 2178 (11 October 2013) Illness after the ten-day deadline did not excuse failure to give mandatory notice of intention to appeal, so extension was refused. Criminal procedure – extension of time to appeal – requirement to give notice of intention to appeal within ten days (s.361(1)(a) Criminal Procedure Act) – request for copy of judgment does not substitute for notice – illness occurring after statutory period cannot excuse failure to give mandatory notice.	11 October 2013
John Gowele vs Simon R. Ndimbo (Land Appeal No. 8 of 2013) [2013] TZHC 2151 (8 October 2013) Respondent's land claim was time-barred; appellant had acquired title by adverse possession. * Limitation (Law of Limitation Act, Part I item 22) – 12-year period for land claims; time-bar and prescription. * Adverse possession – exclusive, uninterrupted possession for 12 years without fraud establishes title. * Evidence and credibility – informal/vague complaints do not interrupt limitation; formal complaint timing is critical. * Procedural error – appellate interference justified where lower tribunals omitted to consider a decisive legal issue.	8 October 2013

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