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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
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
6 judgments
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6 judgments
Citation
Judgment date
November 2007
Fatuma Bakari & another vs Ahmed Mohamed Laamar (Misc. Civil Appl. No. 27 of 2006) [2007] TZHC 390 (21 November 2007)
Application to revoke grant struck out for procedural defects including missing chamber summons, defective verification and wrong statute citation.
* Probate and administration – application to revoke grant of letters of administration – requirement to file chamber summons supported by affidavit – compliance with court order. * Procedure – verification of affidavits – distinction between verification clause and jurat; improperly verified affidavits are incurably defective. * Pleadings – wrong citation of statute (Cap.445 vs Cap.352) renders application incompetent. * Relief – striking out for procedural non-compliance and defective affidavits.
 21 November 2007
Abdallah Hassan vs Vodacom Tanzania LTD (Civil Case No. 5 of 2004) [2007] TZHC 481 (8 November 2007)
An ordinary High Court lacks jurisdiction to hear land disputes after the Land Disputes Courts Act came into force.
Land law – jurisdiction – effect of Land Disputes Courts Act No.2/2002 (GN No.223/2003) coming into force 1 October 2003; exclusive jurisdiction of land courts under s.167 Land Act and s.62 Village Land Act; ordinary courts ousted from land disputes; preliminary objections – jurisdiction takes precedence over limitation.
 8 November 2007
August 2007
Salemani Zuberi Chapa & others vs PSRC & another (Misc. Civil Application No. 31 of 2006) [2007] TZHC 391 (31 August 2007)
Leave application dismissed as time‑barred; abolished harbour authority’s liabilities transferred to successor ports authority.
• Civil procedure – preliminary objection – competence of respondent named after repeal of enabling Act – effect of statutory transfer of assets, rights and liabilities to successor body. • Limitation law – applications under Civil Procedure Code with no specific period – First Schedule Part III item 21 prescribes 60 days. • Joinder/misjoinder – Order 1 r.9 not available to cure suing defunct statutory body after preliminary objection; amendments not entertained post‑objection.
 31 August 2007
Republic vs Mbelwa s/o Rashidi and Others (Criminal Sessions No. 6 of 2006) [2007] TZHC 982 (10 August 2007)
Excessive force in defence of property negated malice aforethought, resulting in manslaughter convictions and eight‑year sentences.
Criminal law — Defence of property and excessive force — Section 18B Penal Code: excessive force in defence of property converts lawful defence into criminal liability (manslaughter); confessions and dying declarations admissible and corroborative; common intention where assailants act jointly in continuous attack.
 10 August 2007
Kwamtili Estate LTD vs Kassim Abdallah Liku (Misc. Civil Appl. No. 13 of 2006) [2007] TZHC 384 (2 August 2007)
Court directs parties to sue within 60 days to determine if disputed company assets form part of the deceased's estate; status quo maintained.
* Probate and administration – duty of executors/administrators to collect estate assets and file inventory; * Disputed ownership of assets registered in a company claimed by estate – need for formal proceedings to determine whether deceased personally owned shares/assets; * Interim relief – status quo maintained pending litigation; * Parties encouraged to attempt amicable resolution before litigation.
 2 August 2007
February 2007
Alexender Jean Tame vs Kassim Abdallah Liku & others (Misc. Civil Application No. 14 of 2006) [2007] TZHC 385 (8 February 2007)
Timely filing under Limitation Act but application struck out for fatal erroneous citation of the statute.
Probate proceedings – limitation of actions – computation of 60‑day period under Limitation Act s.19(1) and (6); Civil procedure – incorrect statutory citation – wrong citation of non‑existent law renders application incompetent and is fatal (Court of Appeal precedents).
 8 February 2007