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
21 judgments

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21 judgments
Citation
Judgment date
March 2026
Accused found not guilty by reason of insanity and ordered detained as a mentally disordered offender under the Criminal Procedure Act.
Criminal law — Insanity defence — Procedure under section 220(1)/236(1) CPA for psychiatric examination — Application of section 13 Penal Code on criminal responsibility — Expert psychiatric evidence to be scrutinised with other evidence — Special finding and detention as mentally disordered offender under section 235 CPA.
12 March 2026
10 March 2026
2 March 2026
February 2026
23 February 2026
Incarceration-related communication difficulties constituted good cause to grant a six-day extension for filing an appeal.
Criminal procedure – extension of time under s.382(2) CPA – good and sufficient cause – accounting for each day of delay – incarceration and communication constraints as grounds for enlargement of time.
23 February 2026
20 February 2026
Illness can justify extension, but applicant must account for every day of delay with consistent medical evidence.
Land appeal — Extension of time — Illness as ground for extension — Requirement to account for each day of delay — Consistent medical evidence — Lyamuya and Bushiri principles applied.
19 February 2026
Technical delay from an incompetent appeal due to lack of drawn order justified extension of time for the applicant.
Civil procedure – Extension of time to file appeal – Technical delay where timely appeal struck out for lack of drawn order – Prompt pursuit of drawn order – Good and sufficient cause for condonation.
18 February 2026
13 February 2026
Whether prosecution proved grievous harm beyond reasonable doubt, focusing on identity, medical evidence and absence of the weapon.
Criminal law – Grievous harm – Elements: harm, grievous injury, causation and identity – Medical report (PF3) confirming open scalp wound – Visual identification and naming at earliest opportunity – Absence of weapon does not necessarily vitiate conviction.
10 February 2026
January 2026
Unexplained judicial succession in a tribunal renders subsequent proceedings null, requiring quashing and remittal.
Civil procedure – res judicata – tribunal may raise objection suo motu but must observe audi alteram partem; judicial succession – successor must record reasons before takeover; unexplained takeover renders subsequent proceedings nullity and warrants remittal.
30 January 2026
Court ordered a shareholders’ meeting under Companies Act after company lacked quorum following a director’s death.
Companies Act s140(1) – Court-ordered shareholders’ meeting where quorum impossible due to director’s death – Judicially-directed appointment of director – Unopposed application supported by affidavit.
30 January 2026
A jurisdictional preliminary objection based on alleged forest gazettement cannot succeed where it depends on disputed factual proof.
Land law – jurisdiction – preliminary objection – forest reserve – gazettement and boundaries – administrative remedies under Forest Act (ss.23–24) – Mukisa principle on points of law.
30 January 2026
Applicant's illness did not justify extension because medical evidence failed to account for the entire delay.
Civil procedure — extension of time to appeal — good and sufficient cause — sickness as cause — must account for each day of delay — medical evidence must correspond to period of delay — application dismissed for failure to satisfy Lyamuya criteria.
29 January 2026
Omission of a hamlet was not fatal; transferor is a necessary party and the case must be remitted after joinder.
Civil procedure — Pleadings for unsurveyed land — sufficiency of description (village, ward, size, boundaries) — non-joinder of transferor as necessary party — remedy is joinder and remittal, not striking out
29 January 2026
Failure to file court-ordered written submissions without proof of excuse amounts to waiver and warrants dismissal for want of prosecution.
Criminal appeal — Hearing by written submissions — Failure to file submissions as ordered — Waiver of right to be heard — Non-prosecution — Dismissal for want of prosecution — Need for affidavit or documentary proof to excuse non-compliance.
27 January 2026
26 January 2026
23 January 2026
21 January 2026
19 January 2026
5 January 2026