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

9 judgments

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9 judgments

Citation	Judgment date
December 2013
David T. Mbunda vs NMB Mbinga Branch (Civil Case No. 2 of 2012) [2013] TZHC 2128 (12 December 2013) A defamation claim was dismissed because it was instituted in the High Court instead of the competent lower court. Civil procedure – jurisdiction – pecuniary jurisdiction determined by substantive claim not by pleaded quantum of general damages. Forum – defamation claims may be instituted in the court of the lowest grade competent to try them (District/Resident Magistrate's Court). Inherent powers (s.95 CPC) – to be exercised cautiously and not to circumvent statutory forum rules. Suo motu jurisdictional objection – can be raised at any stage and is dispositive.	12 December 2013
David Kinunda vs Moses C. Kinunda (Land Case No. 25 of 2013) [2013] TZHC 2157 (5 December 2013) Respondent lacked locus standi and non-joinder of Nafuu Group and village council warranted quashing of the lower tribunals' decisions. Land law – ownership dispute where prior allottee and village council’s authority to alienate are unclear – necessity of joining original allottee and village council as necessary parties. Civil procedure – locus standi – purchaser who buys land from a prior allottee lacks standing to sue a prior purchaser without joinder of the original allottee. Tribunals – procedural irregularity by failing to order joinder warrants quashing of decisions and fresh proceedings.	5 December 2013
November 2013
Veronica Mumba vs Erick Mumba (Misc. Land Application No. 6 of 2013) [2013] TZHC 2183 (26 November 2013) Failure to cite s14(1) and reliance on doctored medical evidence led to dismissal of the extension application. Limitation of actions – section 14(1) Law of Limitation Act – requirement to cite correct sub-section to properly move the court; extension of time – "good cause" test; evidential sufficiency – credibility and dating of medical chit; doctored medical evidence defeats claim of incapacity; dismissal with costs.	26 November 2013
October 2013
Frank Jotha vs Republic (DC. Criminal Appeal No. 11 of 2013) [2013] TZHC 2154 (17 October 2013) Conviction quashed where trial evidence showed rape but charge was incest, identification was unsafe and defence (alibi) was not considered. Criminal law – Charge consistency – Evidence of rape while charged with incest is a fatal defect; proper charging required. Identification – Night-time identification by voice and uncertain lighting is unsafe; risk of mistaken identity. Criminal procedure – Trial court must specify statutory subsections invoked (s.127 TEA) and must objectively evaluate defence case (alibi) in its judgment. Retrial – Disallowed where it would risk injustice by permitting prosecution to cure a defective case.	17 October 2013
Thomas Jilala Songoy vs D.P.P (DC. Criminal Appeal No. 8 of 2013) [2013] TZHC 2166 (17 October 2013) Flawed identification, omitted eyewitness and search contradictions made the prosecution case unsafe; conviction quashed. Criminal law — Identification of stolen property — Specific marks and clear descriptions required to establish ownership of common items. Criminal procedure — Identification parades and procedures — Suspect should not be introduced to complainant while in custody. Evidence — Failure to call material eyewitness — Court may draw adverse inference under Hemedi Saidi principle. Evidence — Contradictions in search and seizure and chain of custody diminish credibility of prosecution case. Criminal procedure — Duty to consider defendant’s alibi; ignoring it may vitiate the conviction.	17 October 2013
September 2013
Festo Komba vs Republic (Misc. Criminal Application No. 18 of 2013) [2013] TZHC 2181 (16 September 2013) A prisoner’s dependence on prison authorities to file appeal records justified an extension of time to lodge a Notice of Appeal. Criminal procedure – Extension of time – When delay attributable to prison authorities may constitute sufficient cause under section 363 Criminal Procedure Act. Appeals – Constitutional right to appeal – courts may grant extension where prisoner dependent on prison officers to file records. Evidence – Afterthought: factual assertions not sworn in affidavit are liable to be rejected.	16 September 2013
Republic vs Erasmo S/O Haule (Criminal Sessions Case No. 1 of 2012) [2013] TZHC 2144 (16 September 2013) Conviction cannot rest on uncorroborated circumstantial evidence; prosecution failed to prove murder beyond reasonable doubt. Criminal law – Circumstantial evidence – conviction requires inculpatory facts proved beyond reasonable doubt and incompatible with innocence. Evidence – witness credibility and conduct – failure to corroborate key assertions weakens circumstantial case. Forensic evidence – ambiguity in cause/mode of death (suffocation vs strangulation) undermines causal link. Flight – absence from scene not automatically proof of guilt.	16 September 2013
August 2013
Vocational Education and Training Authority (VETA) vs Registered Trustees of Ruvuma Tailoring School (Land Case Appeal No. 4 of 2013) [2013] TZHC 2156 (12 August 2013) An appeal against a ruling refusing extension of time need not be accompanied by a decree; preliminary objections dismissed. Civil procedure – appeal against ruling refusing extension of time – decree required only from judgment not from ruling; applicability of section 38(2) Land Disputes Courts Act limited to ward tribunal matters; preliminary objections overruled.	12 August 2013
Salum Ally Ahmed vs Republic ((DC) Criminal Appeal No. 13 of 2013) [2013] TZHC 2155 (7 August 2013) Night-time visual identification and uncorroborated police evidence were unsafe; conviction quashed and sentence set aside. Criminal law - Visual identification at night; torchlight identification unreliable; necessity of identification parade and corroboration; forensic proof required for blood evidence; legality and corroboration of police searches; burden of proof remains on prosecution.	7 August 2013