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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

7 judgments

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7 judgments

Citation	Judgment date
May 2020
Bosco Suka vs Anamalia Ndunguru (Misc. Land Case Appeal 12 of 2019) [2020] TZHC 1012 (28 May 2020) Whether concurrent tribunal findings on title and possession should be disturbed where credibility and evidence were properly evaluated. Land law – proof of allocation and long possession – burden of proof and credibility of witnesses; concurrent findings of fact not to be disturbed absent cogent reasons or misdirection Evidence – admission and consideration of documents not tendered at trial; documentary inconsistencies with oral testimony Boundaries – minor contradictions in lay witnesses’ directional descriptions immaterial if they do not go to central issue	28 May 2020
Shaibu Lameck Chengula vs Joyce Lazalo Mwinuka (PC Matrimonial Application 4 of 2019) [2020] TZHC 1016 (28 May 2020) Extension of time granted to appeal due to alleged procedural illegality in matrimonial proceedings despite unsupported personal excuse. Extension of time – discretionary exercise – Lyamuya guidelines (account for delay, diligence, inordinate delay) – illegality of decision as sufficient reason – mode of instituting matrimonial proceedings (petition v. summons in chambers under s.81 Law of Marriage Act) – right to be heard and notice – requirement to prove personal excuse for delay.	28 May 2020
Felister Charles Kipangula vs Republic (DC Criminal Appeal 9 of 2020) [2020] TZHC 1010 (26 May 2020) Failure to record reasons for change of magistrate renders subsequent proceedings and judgment a nullity. Criminal procedure – Section 214(1) CPA – Successor magistrate must record reasons for taking over a partly heard trial; failure to do so vitiates subsequent proceedings and judgment; requirement is jurisdictional and not cured by accused’s absence under s.226 CPA.	26 May 2020
Dominicus Zimanimoto Makukula vs Dominica Dominicus Makukula and Others (Land Case 2 of 2017) [2020] TZHC 1011 (21 May 2020) The plaintiff failed to prove alleged fraudulent title transfer; suit dismissed for want of proof. Land — dispute over ownership — donation alleged by will/letter — evidentiary weight of delayed or inconsistent instruments. Title registration — discrepancies in names and parcel particulars — impact on proof of lawful transfer Fraud — allegation in civil suit — must be distinctly alleged and proved to a higher standard than ordinary civil claims. Burden and standard of proof — civil cases: balance of probabilities; allegations of fraud require stronger proof. Administrative/clerical errors (typographical case numbers/block labels) do not, without more, establish fraud	21 May 2020
Nathaniel Lungu vs Isdory Moyo (Misc. Land Case Application 39 of 2019) [2020] TZHC 1014 (19 May 2020) Leave to appeal granted where proposed grounds raise prima facie mixed issues despite disputed endorsement of tribunal request for judgment copies. Appeals – leave to appeal to Court of Appeal – requirement of prima facie/arguable appeal or point of law of general importance. Civil procedure – extension of time – requirement to account for each day of delay and proof of timely request for copies of judgment and decree Evidence/procedure – whether filing of letter seeking copies requires endorsement by tribunal officer and whether applicant may be penalised for tribunal's omission	19 May 2020
Selemani Kasda Maunga and Another vs Republic (DC Criminal Appeal 45 of 2019) [2020] TZHC 1015 (18 May 2020) A judgment lacking issues, findings and reasons as required by section 312(1) CPA is invalid and must be quashed. Criminal procedure — Requirements of a valid judgment — section 312(1) Criminal Procedure Act — judgment must state issues, points of determination, decision and reasons. Non-compliance — defective judgment is no judgment in law and is liable to be quashed Remedy — order to compose a fresh judgment by another magistrate of competent jurisdiction; appellants to remain in custody	18 May 2020
Adam Ndomba vs Vicent Ndunguru and Another (Misc. Land Case Application 28 of 2019) [2020] TZHC 1013 (4 May 2020) Applicant granted 30-day extension to file appeal due to delay awaiting a copy of the tribunal's judgment. Land law – Extension of time – Section 38(1) Land Disputes Courts Act – Sufficient cause includes prompt application, valid explanation and absence of negligence; delay awaiting copy of judgment; technical delay while pursuing earlier appeal (Fortunatus Masha); prejudice to respondents and discretion (Mobrama).	4 May 2020

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