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

12 judgments

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12 judgments

Citation	Judgment date
December 2024
Alexander Milinga vs. Esther Herman Haule (PC Civil Appeal No. 20538 of 2024) [2024] TZHC 11059 (30 December 2024) Proceedings resumed after dismissal without restoration are nullities, nullifying ensuing judgments and appeals. Civil procedure – dismissal for want of prosecution – requirement to restore or file fresh proceedings (Rule 28) – continuation of a dismissed matter without restoration renders subsequent proceedings and judgments nullity; mis-citation of enabling rule not necessarily fatal; appellate court’s duty to notice procedural nullity suo motu.	30 December 2024
Mohamed Omary Mtuma vs. The Republic (Miscellaneous Criminal Application No. 27163 of 2024) [2024] TZHC 10467 (17 December 2024)	17 December 2024
Remigius Ngunja & Another v. Benedict Luambano Mabalanganya (Misc. Land Application No. 26931 of 2024) [2024] TZHC 10508 (17 December 2024) Court granted extension to file review due to technical delay and unclear, irregular orders in the impugned judgment. Extension of time; condonation for delay; review application; technical delay due to tribunal control; irregularity on face of record; exercise of discretion under section 14(1)(b) Law of Limitations Act; Lyamuya principles.	17 December 2024
Saidi Hakimu Abdallah Chiutika vs. Republic (Criminal Appeal No. 25913 of 2024) [2024] TZHC 10466 (17 December 2024) Victim’s credible tender‑age testimony and corroborative medical evidence upheld statutory rape conviction and sentence. Criminal law – Sexual offences – Statutory rape under Penal Code ss.130(1), 130(2)(e) and 131(1) – proof of age and penetration. Evidence – Child of tender age – credibility assessment and when corroboration is unnecessary under s.127(6) Evidence Act. Procedure – Right to call witnesses – accused closed defence and prosecution’s choice of witnesses not fatal to conviction. Sentencing – Minimum statutory sentence (not less than 30 years) and compensation ordered.	17 December 2024
Attorney General vs. Abel Matabwa & Three Others (Miscellaneous Civil Application No. 12614 of 2024) [2024] TZHC 10265 (16 December 2024) Applicant granted 14-day extension to file revision after promptly showing apparent illegality in execution against public funds. Civil procedure – Extension of time to file revision; requirement of good and sufficient cause; promptness and accounting for delay; illegality apparent on the face of the record; execution against public institution and large public funds.	16 December 2024
Daudi Mapunda Yeremia vs. The Republic (Criminal Appeal No. 24476 of 2024) [2024] TZHC 10465 (16 December 2024) Appeal dismissed: prosecution proved unlawful possession of government trophy; documentary valuation and lawful disposal of perishable exhibit upheld. Criminal law – unlawful possession of government trophy – proof beyond reasonable doubt – cumulative weight of arresting officers, valuation report, inventory/disposal order and cautioned statement. Evidence – documentary evidence prevails over inconsistent oral testimony; minor contradictions immaterial. Evidence – disposal of perishable exhibits lawfully permitted by court order; inventory and remaining exhibits admissible. Evidence – admissibility and voluntariness of cautioned statements; admission of unavailable independent witness’s statement under statutory provisions.	16 December 2024
Fatu Rashid vs. Auph Selemani (Lad Revision No. 17806) [2024] TZHC 10463 (16 December 2024) A revision application aggregating time‑barred and pending matters is incompetent and must be struck out; court lacks jurisdiction. Land law – Revision – Time limitation; Item 21 Part III Law of Limitation Act (60 days) – Jurisdictional issue – Omnibus applications – Incompetent matters to be struck out; court may raise limitation at any stage.	16 December 2024
Yassin Thabit Yassin vs. The Republic (Criminal Appeal No. 27162 of 2024) [2024] TZHC 10464 (16 December 2024) Conviction quashed where search procedures were flawed and the chemist’s report was not read into evidence. Criminal law – Drugs Control and Enforcement Act and CPA – search and seizure — requirement for independent witness to observe search; evidence law – documentary exhibits must be read after admission; failure to comply may warrant expungement and quash conviction for lack of proof beyond reasonable doubt.	16 December 2024
Eleterius M. Nyoni(adminstrator of the estate of the lte Method Nyoni) v. Ida Njozi) (Land Appeal No. 16853) [2024] TZHC 10107 (11 December 2024)	11 December 2024
Ibihi Construction Co. Ltd vs. Tunduru District Council & Attorney General (Civil Case No. 21325 of 2024) [2024] TZHC 10143 (11 December 2024) Non‑compliance with mandatory 90‑day notice to the Attorney General rendered the plaintiff’s suit incompetent and it was struck out. Government Proceedings Act s.6(1)–(2) – mandatory 90‑day notice of intention to sue – copy to Attorney General and Solicitor General – compliance must appear on face of plaint – non‑service on Attorney General renders suit incompetent – preliminary objection determinable on records.	11 December 2024
Joseph Augustino Mdaka v. David Elias Nombo (Adminstrator of the estate of the late Elias Nombo) & 2 others (Land Case Appeal No. 20757 of 2024) [2024] TZHC 10109 (11 December 2024)	11 December 2024
Jerome Lazaro Mpombo vs. The Republic (Dc. Criminal Appeal No. 9114 of 2024) [2024] TZHC 10042 (6 December 2024)	6 December 2024