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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

9 judgments

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9 judgments

Citation	Judgment date
July 2006
Mohamed Sifa vs Ayubu Rashid (Misc. Civil Application No. 62 of 2005) [2006] TZHC 280 (11 July 2006) Court set aside prior "with costs" direction and ordered each party to bear own costs due to procedural irregularities. Civil procedure – Costs – Costs ordinarily follow the event but court may order each party to bear its own costs where fairness requires – Inherent powers of the court under Civil Procedure Code to set aside and substitute a costs order – Procedural irregularities in lower courts justifying deviation from usual rule.	11 July 2006
May 2006
Saidi Salehe Mbweto vs Abdallah Omari Kigoda & another (Misc. Civil Application No. 5 of 2006) [2006] TZHC 205 (12 May 2006) The applicant's election petition and related application were struck out for being time‑barred, improperly impleaded, and incompetently pleaded. * Election law – limitation – statutory 14‑day period under s.115(1) – failure to seek extension ousts jurisdiction; * Election Petition Rules 1971 – Rule 4(2) – Returning Officer cannot be made a party without court consent; * Civil procedure – competency – late filing of application for waiver of security for costs without leave; * Pleading and procedure – incorrect citation of statute/section means court not properly moved and application incompetent; * Evidence – allegations of registry delay require affidavit evidence to excuse non‑compliance with time limits.	12 May 2006
Security Group Cash Inn Transt (LTD) vs Bakari Ngoma & others ((DC) Civil Appeal No. 4 of 2005) [2006] TZHC 237 (11 May 2006) Refusal to record evidence of a witness who heard prior testimony vitiates proceedings and requires a fresh hearing. Evidence — witness who heard prior testimony — disqualification — fairness of trial — proceedings rendered nullity; principle in criminal authorities applicable to civil trials; remittal for rehearing before a different magistrate.	11 May 2006
April 2006
Charles Bocco (as Power of Attorney for David Bocco) vs Steven Marcea (as Administrator of the Estaste of the Late Perpetua Boco Deceased) (PC Misc. Civil Appeal No. 1 of 2005) [2006] TZHC 287 (18 April 2006) Failure to disclose power of attorney and amending appeal without leave rendered the appeal incurable and rightly struck out. Administration of estates; locus standi — failure to disclose power of attorney; amendment of appeals without leave — procedural regularity and curability; striking out defective appeals.	18 April 2006
Mashauri Khamisi vs PR. Secr. Ministry of Home Affairs & others (Misc. Civil Appl. 73 of 2003) [2006] TZHC 338 (4 April 2006) Leave for certiorari and mandamus refused where court-martial and commission followed statutory written-appeal procedure; no breach of natural justice. Judicial review – prerogative orders (certiorari, mandamus) – Court Martial proceedings – Police Force Service Regulations 1995 and Police General Orders No.106(33) – appeal by written representation – natural justice – Sanai Murumbe criteria for review.	4 April 2006
March 2006
Ramadhani Swaiba and Others vs Republic (Criminal Appeal No. 59 of 2005) [2006] TZHC 866 (10 March 2006)	10 March 2006
February 2006
Swai Raymond Sharishaeli vs Korogwe Transit Hotel (Civil Case No. 9 of 2001) [2006] TZHC 309 (10 February 2006) Quantifying general damages to confer jurisdiction is improper and renders the suit incompetent. • Civil procedure — Pleading of damages — General damages must be pleaded without quantification; quantum is for the court. • Civil procedure — Jurisdiction — Inflating general damages to meet a court's pecuniary threshold renders the suit incompetent. • Pleading — Do not mix special (quantifiable) damages with general damages.	10 February 2006
January 2006
Tanga Cement Company LTD vs David Kapoma & Others (Civil Appeal No. 23 of 2004) [2006] TZHC 342 (27 January 2006) The District Court lacked both pecuniary and legal jurisdiction over the contested redundancy (trade) dispute; its judgment was set aside. * Labour law – redundancy/non‑employment – contested redundancy is a trade dispute; exclusive original jurisdiction of the Industrial Court. * Civil procedure – jurisdiction – pecuniary limit of District Court exceeded; lack of jurisdiction renders proceedings a nullity. * Binding authority – application of Tambueni Abdallah on trade dispute jurisdiction.	27 January 2006
Justice Mweta vs Republic (Misc. Criminal Appeal No. 60 of 2005) [2006] TZHC 911 (16 January 2006)	16 January 2006

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