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

19 judgments

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19 judgments

Citation	Judgment date
September 2024
France France Ndomba vs. The Republic (Criminal Appeal No. 18623 of 2024) [2024] TZHC 8316 (30 September 2024) Appeal dismissed; victim and medical evidence found credible and mandatory life sentence for rape of under‑ten upheld. Criminal law – Rape – Victim’s testimony as primary and best evidence; corroboration by parent and medical officer; medical evidence of hymen perforation and penetration; inability of medical witness to identify specific blunt object not fatal to prosecution; sentencing – mandatory life imprisonment for rape of girl under ten (s.131(3) Penal Code).	30 September 2024
In the Matter of Probate and Administration of Estates Act (Cap. 52, R.E 2002), In the Matter of the Estate of the Late Beno Lipinda Komba, In the Matter of Application for Extension of Time by Selbelga Beno Komba (Misc. Probate Application No. 20128 of 2024) [2024] TZHC 8317 (30 September 2024) Applicant granted four‑month extension to file estate inventory and accounts upon showing sufficient cause. Probate law – Extension of time to file inventory and accounts – s.107(2) Probate and Administration Estates Act – Court’s discretion to grant extension upon showing good and sufficient cause; Administrator’s duties – delays caused by trespass, third‑party registrations and scattered assets may justify extension; Civil procedure – application supported by affidavit and uncontested submissions.	30 September 2024
Republic vs. Hulban Andreas Nombo & another (Republic vs. Hulban Andreas Nombo & another) [2024] TZHC 8319 (30 September 2024)	30 September 2024
Said Mohamed Hango vs. The Minister for Labour, Youth, Employment and People With Disabilities & Others (Miscellaneous Civil Application No. 14214 of 2024) [2024] TZHC 8315 (30 September 2024) The applicant's unproven search for an advocate and ignorance of law did not justify extension of time to appeal. Extension of time – Law of Limitation Act s.14(1) – requirements for condonation – Lyamuya principles: account for each day of delay, diligence, non-inordinate delay; ignorance of law/searching for an advocate not sufficient cause; necessity to prove and account for delay (Hassan Bushiri).	30 September 2024
Saram Company Limited vs. The Registered Trustees of St. Augustine University of Tanzania (Civil Case No. 12316 of 2024) [2024] TZHC 8318 (30 September 2024) Suit struck out for suing the wrong corporate entity under the university charter; plaintiff may refile correctly. Civil procedure — preliminary objection — competency of suit — whether the correct corporate entity is sued under a university charter. Statutory interpretation — Universities Act and university Charter — body corporate capable of suing and being sued. Evidence — annexures and correspondence can disclose the proper party when contract is not attached. Remedy — striking out incompetent suit; costs awarded; right to refile.	30 September 2024
Flowin Haule & Another vs. Faraja Ngonyani (Civil Appeal No. 14215 of 2024) [2024] TZHC 8215 (25 September 2024) A district court may hear common-law tort claims despite specific damages falling within a primary court's pecuniary limit. Magistrates’ Courts jurisdiction – determination by nature of claim, magnitude of relief and lowest competent court – common-law torts (malicious prosecution) not triable in Primary Courts even if specific damages fall within Primary Court pecuniary limits – improper splitting of claims – appeal allowed and matter remitted for hearing on merits.	25 September 2024
Juma Haji Chowo vs. The Republic (Criminal Appeal No. 15618 of 2024) [2024] TZHC 9323 (20 September 2024) Non‑compliance with s127(2) does not automatically invalidate a credible child's evidence; conviction upheld and appeal dismissed. Evidence — section 127(2) Evidence Act — mandatory promise by child of tender years; Legal Sector Laws (Misc. Amend.) Act No.11/2023 s127(7) — failure to comply does not render evidence inadmissible; assessment of credibility and reliability of child witness; identification — minor name inconsistencies not fatal; burden of proof — remains on prosecution; appellate re-evaluation of factual findings.	20 September 2024
Pius Stephno Mbunda vs. The Republic (Misc. Criminal Application No. 18920 Of 2024) [2024] TZHC 9325 (20 September 2024)	20 September 2024
Antony Cosmas Njelekela vs Republic (Criminal Appeal No. 17095 of 2024) [2024] TZHC 8039 (18 September 2024)	18 September 2024
Juma Hussein Ally @Mavuzi vs. The Republic (Miscellaneous Criminal Application No. 18919 of 2024) [2024] TZHC 8013 (17 September 2024)	17 September 2024
Juma Hussein Ally@ Mavuzi vs. The Republic (Miscellaneous Criminal Application No. 18919 Of 2024) [2024] TZHC 8014 (17 September 2024)	17 September 2024
The Director of Public Prosecution vs. Qulinus Robert Kapinga (Criminal Appeal No. 13993 of 2024) [2024] TZHC 8015 (17 September 2024)	17 September 2024
Alanus Mvula vs. The Republic (Misc. Criminal Application No. 21951 Of 2024) [2024] TZHC 7976 (13 September 2024)	13 September 2024
Ligela Village Council & others vs. Vodacom Tanzania Limited & others (Land Case No.13 Of 2022) [2024] TZHC 7975 (11 September 2024)	11 September 2024
The Attorney General vs. Abel Matabwa & 3 Others (Misc. Civil Application No. 12614 of 2024) [2024] TZHC 7959 (11 September 2024) Court granted seven-day extension to file counter affidavit, finding Lyamuya guidelines inapplicable and prioritizing the right to be heard. Civil procedure – Extension/enlargement of time – Application to file counter affidavit – Whether Lyamuya guidelines apply – Court’s discretion and right to be heard. Natural justice – Right to be heard – balancing prejudice and litigant’s opportunity to respond. Procedural compliance – accounting for delay and proof of reasons for non-compliance.	11 September 2024
Hemed Ally Ally vs. The Republic (Criminal Appeal No. 16699 Of 2024) [2024] TZHC 7904 (9 September 2024)	9 September 2024
Msusa Rashid Mohamed vs. The Republic (Criminal Appeal No. 15041 Of 2024) [2024] TZHC 7893 (9 September 2024)	9 September 2024
BECCO CO.LTD &Another vs. Dominicus Boniface Haule (Misc. Civil Application No. 1218 of 2024) [2024] TZHC 7835 (5 September 2024)	5 September 2024
Leleshi Ratu vs. Tunduru District Council & Another (Miscellaneous Civil Application No. 20169 of 2024) [2024] TZHC 7837 (5 September 2024) An interim stop order pending leave to apply for prohibition was refused as premature and pre-emptive. Judicial review — leave to apply for writ of prohibition — interim relief — suspension of administrative action pending leave — supplementary affidavits under Rule 7(3)(a) of the Judicial Review Rules.	5 September 2024