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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. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
2 judgments
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2 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