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

13 judgments

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13 judgments

Citation	Judgment date
December 2008
Shaibu s/o Kalua vs Republic (Criminal Appeal No. 23 of 2008) [2008] TZHC 253 (10 December 2008) Only the Director of Public Prosecutions may appeal a subordinate court's acquittal; the complainant lacks that right. Criminal procedure – Appeal against acquittal – Section 378(1) Criminal Procedure Act (Cap 20 R.E. 2002) – Only Director of Public Prosecutions may appeal; complainant has no right to appeal.	10 December 2008
November 2008
Issa Rajabu @Mandingo & Others vs Republic (Criminal Appeal No. 19 of 2008) [2008] TZHC 257 (26 November 2008) Threats and suspicion alone cannot establish arson beyond reasonable doubt; conviction quashed and appellants acquitted. Criminal law – Arson – Proof beyond reasonable doubt – Circumstantial evidence – Threats insufficient as conclusive proof – Evidence from interested/related witnesses requires caution; suspicion cannot ground conviction.	26 November 2008
October 2008
Triact East Africa LTD vs Legele Civil Works (DC Civil Appeal No. 15 of 2007) [2008] TZHC 307 (28 October 2008) A written worksheet cannot qualify or contradict a wholly oral hire agreement; appellant awarded balance and damages. Contract law – oral hire agreement – admissibility and effect of contemporaneous or subsequent written worksheet – written document cannot qualify or contradict a wholly oral contract unless shown to form part of the parties' agreement; evidence; appellate review.	28 October 2008
September 2008
Clementina Tawete vs Devota M. Matembo (DC Probate and Administration No. 1 of 2008) [2008] TZHC 261 (2 September 2008) Cohabitation does not confer spousal inheritance rights where the claimant remains legally married to another; new evidence not tendered at trial cannot be considered on appeal. Probate & Administration – entitlement to inherit – whether cohabitation/conferral of concubine status creates spousal inheritance rights. Family law – capacity to marry – effect of an existing Christian marriage and absence of divorce on capacity to marry and inherit. Evidence – inadmissibility on appeal of documents and issues not tendered or raised at trial. Civil procedure – appeal against probate/administration ruling; appellate review limited where new evidence would prejudice parties.	2 September 2008
August 2008
Anzigar s/o Soko vs Republic (Criminal Appeal No. 13 of 2008) [2008] TZHC 256 (26 August 2008) Conviction overturned where prosecution relied on hearsay and failed to identify or prove ownership of the alleged stolen property. Criminal law – conviction quashed where prosecution relied on inadmissible hearsay and failed to identify or prove ownership of alleged stolen property; burden of proof; erroneous charge citation.	26 August 2008
Danstan Chengula vs Republic (DC Criminal Appeal No. 11 of 2008) [2008] TZHC 262 (25 August 2008) Conviction quashed where illegal search, defective charge and contradictory evidence failed to prove theft beyond reasonable doubt. Criminal procedure – Search warrants and execution (Criminal Procedure Act ss.38, 40) – requirement for lawful issuance and witnesses; Evidence – identification of property and proof beyond reasonable doubt; Defective charge – correct statutory framing (Penal Code ss.326(1), 326(6A)); Contradictory witness statements and failure to conduct trial-within-a-trial on cautioned statement; Conviction quashed due to illegal search and insufficient evidence.	25 August 2008
July 2008
Diocese of Ruvuma Anglican Church vs Adelhlm Titus Gama (DC Civil Appeal No. 14 of 2007) [2008] TZHC 303 (24 July 2008) Court quashed order for priest’s terminal benefits, holding internal church matters lie outside ordinary court jurisdiction. Constitutional law – Article 19(2) – internal management of religious organizations outside state authority; Employment law – whether clergy are ordinary employees under Employment Act; Jurisdiction – preliminary objection to civil court jurisdiction over ecclesiastical disputes; Labour rights – limits of Article 23(2) in ecclesiastical contexts.	24 July 2008
Daniel Samwel vs Zakaria Ngaponda & another (Civil Appeal No. 1 of 2006) [2008] TZHC 282 (17 July 2008) Leave to appeal granted; typographical misidentification curable and second appeals from District Court require leave, not a point-of-law certificate. Civil procedure – Appeal — Leave to appeal from High Court (appellate jurisdiction) for matters originating in District Court — Requirement of leave vs point-of-law certificate for third appeals; Amendment and curability of typographical errors in affidavits; Section 89(2) requirements for record of appeal.	17 July 2008
June 2008
Felistas Mgaya vs Republic (DC Criminal Appeal No. 5 of 2008) [2008] TZHC 259 (30 June 2008) Conviction quashed where circumstantial and identification evidence were not watertight; sentence set aside. Criminal law – armed robbery; circumstantial evidence must be watertight – identity evidence; need for detailed description and elimination of mistaken identity; possession of weapon must be connected to offence by evidence; conviction based on suspicion insufficient.	30 June 2008
Fatuma Ibrahim Akuipatile vs Republic (Misc. Criminal Application No. 13 of 2007) [2008] TZHC 247 (10 June 2008) Bail refused where alleged serious assault causing extensive burns to a child made release unsafe and undesirable. Criminal procedure – Bail – s.148(5)(e) Criminal Procedure Act – "serious assault" barring admission to bail – acts intended to cause grievous harm (s.222 Penal Code) – injuries amounting to 34% burns – discretion to refuse bail where public safety and victim protection outweigh presumption of innocence – procedural step to return file where not committed to High Court.	10 June 2008
March 2008
Emilian Hyera Mtera vs Pascal Nombo & another (PC. Civil Appeal No. 21 of 2006) [2008] TZHC 272 (20 March 2008) Oral contract with unfinished work and advance payment precluded award of general damages; appellate courts upheld dismissal. Contract law – oral agreement for felling trees and producing timber – terms uncertain on labour cost; Performance – partial performance and advance payment; Damages – entitlement where final price to be fixed on completion; Appellate review – correctness of trial court’s damages award.	20 March 2008
Sikujua Shaibu Kaluwa vs Shaib S. Kaluwa (Misc. Civil Revision No. 3 of 2005) [2008] TZHC 380 (18 March 2008) High Court appointed the Administrator General and ordered Islamic administration where competing heirs failed statutory administrator duties. Probate and administration – High Court intervention under s.85(1)(b) and (2) where local administrators fail duties; appointment of Administrator General under s.52; administration of estate according to deceased’s religion (Islamic law); failure to file inventory affecting administrator's suitability.	18 March 2008
February 2008
Patrick Kitindila vs John Yapesa (PC. Civil Case No. 2 of 2006) [2008] TZHC 273 (28 February 2008) Respondent authorized by written mandate to recover outstanding loan; absence at district hearing did not invalidate appeal; unpaid balance plus 7% interest ordered. Debt recovery – standing/authority to sue – effect of authorizing letter permitting respondent to collect debts; Appeals from Primary Courts – procedure under Magistrates' Courts Act s.20(5) – absence of ministerial regulations; Hearing in absence of appellant – effect on validity; Order for payment of unpaid loan with court-rate interest.	28 February 2008