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

10 judgments

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10 judgments

Citation	Judgment date
October 2023
Cosmas Joseph Ndunguru (The Administrator of the Estate of the Late Joseph Yakobo Mwegeru) v. Charles Damiani Komba (The Administrator of the Estate of the Late Antonia Yakobo Mwegeru) & Another (Land Appeal Case No. 44 of 2023) [2023] TZHC 22419 (31 October 2023)	31 October 2023
China Henan International Cooperation Group Co. Ltd v. Eleterius Malizelius Tembo & Six Others (Labour Revision No. 01 of 2023) [2023] TZHC 22417 (25 October 2023)	25 October 2023
Ligera Village Council and 2 Others vs Vodacom Tanzania and Others (Civil Case No. 13 of 2022) [2023] TZHC 21990 (25 October 2023) Government land-trespass suit held not time-barred; plaint discloses cause of action; preliminary objection dismissed. Limitation of actions — suits by or on behalf of the Government — item 23 (60 years) of the Law of Limitation Act; Civil procedure — Order VII, Rule 5 — plaint must disclose cause of action by showing defendant's interest; Time computation — public holidays excluded under Interpretation of Laws Act; Preliminary objection — timeliness and merits.	25 October 2023
Abeid Sefu @ Lupinda v. The Republic (Misc Criminal Application No. 15 of 2023) [2023] TZHC 22421 (20 October 2023) Court granted extension of time where prison officers' failure to file documents caused a short delay beyond applicant's control. Criminal procedure – extension of time – under s.361(2) Criminal Procedure Act – exercise of judicial discretion requiring sufficient/genuine cause. Delay caused by prison officers while applicant in custody can be a factor beyond applicant's control and constitute sufficient cause. Sufficient cause assessed on circumstances of each case; absence of negligence supports grant of extension (cases: TANROADS v Ruaha Concrete; Lyamuya Construction).	20 October 2023
Guntram Mgina v. Tanzania Electric Supply Company (TANESCO) (DC Civil Appeal No. 02 of 2023) [2023] TZHC 21933 (20 October 2023) Village assembly consent negated trespass; improperly admitted exhibit expunged; compensation claim unpleaded. Property law – trespass to land – need to prove ownership and unjustified interference; consent by village assembly or landowner negates trespass; Civil Procedure – admissibility of documentary evidence – Order VII/XIII requirements and need for leave/good cause; locus in quo – visit must be recorded to matter on appeal; Pleadings – relief or cause not pleaded cannot be raised on appeal.	20 October 2023
Mohamed Omary Mtuma v. The Republic (Misc Criminal Application No. 16 of 2023) [2023] TZHC 22420 (20 October 2023) Applicant’s sickness constituted good cause to grant ten-day extension to file appellate papers under section 361(2). Criminal procedure – extension of time – section 361(2) Criminal Procedure Act – requirements for good cause. Sickness/illness as valid ground for extension of time. Factors: length of delay, reasons for delay, prejudice to respondent, prospects/point of law (Lyamuya principles).	20 October 2023
Paulo Secilius Sawala v. Laurent Secilius Sawala (PC Civil Appeal No. 14 of 2023) [2023] TZHC 22418 (20 October 2023)	20 October 2023
Steven Kapinga v. The Republic (Dc. Criminal Appeal No. 39 of 2023) [2023] TZHC 21908 (19 October 2023) Victim and medical evidence proved incest beyond reasonable doubt; appeal dismissed and conviction upheld. Criminal law – Sexual offences – Incest by male (s.158(1)(a) Penal Code) – Victim's evidence and medical corroboration – Standard of proof beyond reasonable doubt; Defence of medical incapacity properly assessed and rejected as unproven.	19 October 2023
Shaibu Hamidu & Another v. Hadija Afati Kilafi (Land Appeal Case No 38 of 2023) [2023] TZHC 21909 (17 October 2023) Failure to visit locus in quo amid conflicting land descriptions warranted quashing and remittal for retrial. Land law – ownership dispute – conflicting descriptions of size and boundaries; necessity of locus in quo visit where factual contradictions arise; admissibility and weight of evidence where sale document is alleged lost; appellate power to order additional evidence and remit for retrial.	17 October 2023
Mwenyekheri Mohamed Ndimbo vs Ally Ally Kanganya (Land Appeal No. 40 of 2023) [2023] TZHC 21627 (4 October 2023) Appellant failed to prove ownership; tribunal wrongly declared respondent owner without pleading — ownership finding quashed. Land law — Tort of trespass — Burden and standard of proof in civil claims; sufficiency and consistency of documentary proof (letter of offer and payment); adverse inference for failure to call key witness (municipal authority); limits of tribunal powers — cannot declare ownership absent pleading/counterclaim; locus standi applies to plaintiff who brings suit.	4 October 2023