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

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https://jmap.judiciary.go.tz/jmap/jmap-hc

12 judgments

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12 judgments

Citation	Judgment date
November 2005
Tanzania Revenue Authority vs Panoni Co. Ltd (Misc. Civil Application No. 29(A) of 2005) [2005] TZHC 909 (1 November 2005) High Court set aside lower court’s ex parte release order, finding tax/customs dispute fell within the Tax Revenue Appeal Board’s exclusive jurisdiction. * Tax law – Tax Revenue Appeals Act s.7 – exclusive/sole original jurisdiction of Tax Revenue Appeal Board over disputes arising from revenue laws administered by the revenue authority. * Civil procedure – Revision under s.79 Civil Procedure Code – setting aside lower court order for exercise of jurisdiction not vested in it. * Customs procedure – issuance of Form F.89 and obligations under Customs Management Act s.216 regarding seizure, condemnation proceedings and release.	1 November 2005
September 2005
Aloyce Lekule vs Minister for Labour and Youth Development & another (Misc. Civil Application No. 93 of 2003) [2005] TZHC 292 (23 September 2005) Minister’s unexplained reversal of a labour board reinstatement, based on unsupported particulars, was ultra vires and quashed. Administrative law – Judicial review of ministerial decision – Ultra vires and procedural impropriety; Labour law – disciplinary charge must be supported by particulars; Natural justice – duty to give reasons for decisions affecting individual rights; Use of prescribed form for termination; Errors of fact and inadequate reasons vitiate administrative decisions.	23 September 2005
Hamisi Jafari vs Republic (Criminal Appeal No. 47 of 2005) [2005] TZHC 922 (12 September 2005)	12 September 2005
July 2005
Joseph John vs Donat John Chuma (DC Civil Appeal No. 9 of 2004) [2005] TZHC 296 (14 July 2005) Appellate court set aside trial finding, awarding ownership to appellant based on earlier right-of-occupancy evidence. Land law – proof of title – offer of right of occupancy – validity and revocation; wills and family allocation of property – evidentiary requirements; absence of transfer deed – effect on claim; estoppel for non-protest at family meeting; appellate re-evaluation of trial findings.	14 July 2005
Rashidi Selemani vs Republic (Criminal Appeal No. 46 of 2003) [2005] TZHC 837 (4 July 2005) Appeal allowed: conviction quashed due to inconsistent, uncorroborated and unreliable prosecution evidence. Criminal law – store breaking – proof beyond reasonable doubt – discrepancies in witness accounts – interested witness – need for corroboration – conviction quashed.	4 July 2005
June 2005
Charles Barnabas vs Republic (Criminal Appeal No. 145 of 2003) [2005] TZHC 825 (3 June 2005) Child’s competent testimony (voir dire) can suffice under s127(7); life sentence mandatory for under‑ten victim. * Evidence — Child witness — voir dire under s.127(2) Evidence Act — child competent to testify by affirmation. * Sexual offences — s.127(7) Evidence Act — conviction permissible on uncorroborated evidence of child of tender years where court records satisfaction that child tells truth. * Evidence — Competence of relative witnesses — mother’s evidence admissible and may corroborate child’s account. * Procedure — Delay in reporting — threats to victim can explain delay and not necessarily undermine prosecution. * Sentencing — Penal Code s.154(2) — mandatory life imprisonment where victim is under ten years.	3 June 2005
Hassan Aweso vs Republic (Criminal Appeal No. 141 of 2003) [2005] TZHC 894 (3 June 2005) The applicant's robbery with violence conviction was upheld based on credible eyewitness testimony despite missing exhibits. Criminal law - Robbery with violence - sufficiency of eyewitness evidence; Evidence Act s.143 - no fixed number of witnesses required; non-production of weapon or recovery-witness does not automatically vitiate conviction where accused fled with weapon and eyewitness testimony is credible; ownership proof of stolen property not required where no competing claim.	3 June 2005
May 2005
Omari Hamza Mkombozi vs Republic (Criminal Appeal No. 40 of 2003) [2005] TZHC 823 (25 May 2005) Rape conviction quashed where no medical or direct evidence proved rape on the material date and conviction rested on past encounters. Criminal law – Appeal against rape conviction – Sufficiency of evidence; medical report (PF.3) not corroborating recent intercourse; conviction based on prior encounters and probability; improper shifting of burden; conviction quashed.	25 May 2005
March 2005
Ramadhani Kassim vs Amiri Chauganga (Misc. Civil Appeal No. 6 of 2004) [2005] TZHC 736 (22 March 2005) An appellate court should not lightly overturn a trial court’s credibility findings where the trial court observed the witnesses. Appellate review – Findings of fact and credibility – Appellate court should be slow to reverse trial court’s credibility findings where trial court saw and heard witnesses; improper to rely solely on transcript to reassess demeanour.	22 March 2005
February 2005
Robert D. Reuben vs Tanzania Investment Bank as Appointed Liquiadator of T.H. Bank (Civil Case No. 5 of 2003) [2005] TZHC 285 (25 February 2005) A High Court without territorial or appropriate pecuniary jurisdiction must strike out a suit despite connected reliefs. Civil procedure – jurisdiction: territorial jurisdiction under s.18(c) of the Civil Procedure Code; corporation deemed to carry on business at principal office; cause of action arising where publication occurred. Civil procedure – appropriate forum: requirement to institute suit in the court of the lowest grade competent to try it; pecuniary jurisdiction limits – Tshs.100,000,000/= within District Court jurisdiction. Defamation – related reliefs concerning immovable property may be inseparable but do not oust statutory jurisdictional rules.	25 February 2005
January 2005
Regional Manager RTC- Tanga vs Charles Mnkeni & others (Civil Appeal No. 18 of 2002) [2005] TZHC 274 (28 January 2005) District Court lacked jurisdiction and representative suit was invalid without mandatory leave; appeal allowed and judgment quashed. Civil procedure — Jurisdiction — joinder of official receiver converts matter to High Court original jurisdiction; Bankruptcy Ordinance s.9(1) — prior leave required to sue an official receiver; Civil Procedure Code Order 1 r.8(1) — mandatory leave required before instituting a representative suit; Interlocutory rulings — jurisdictional issues may be raised at any stage.	28 January 2005
Omari Nassoro Mbagulwa & Another vs Aziza Rajabu (Pc. Misc. Criminal Appeal No. 6 of 2003) [2005] TZHC 768 (3 January 2005) Criminal trespass convictions quashed where dispute over land ownership should have been determined in civil court. * Criminal law – criminal trespass – where dispute concerns ownership of land, criminal court should not decide title but advise civil action. * Appeal – appellate courts must enforce the principle of referring ownership disputes to civil jurisdiction. * Remedy – convictions and sentences quashed; fines to be refunded.	3 January 2005