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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

5 judgments

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5 judgments

Citation	Judgment date
August 2010
Farijala Mohamedi @ Majid vs The Republic (Criminal Appeal No. 8 of 2010) [2010] TZHC 467 (13 August 2010) Acceptance of written/attested affidavit as an accused’s defence in a criminal trial vitiated the conviction; release ordered. Criminal procedure — admissibility of written submissions/affidavits in lieu of oral testimony — accused’s examination-in-chief — Criminal Procedure Act ss.198, 210; Evidence Act ss.146,147,61 — presiding magistrate must record oral evidence; affidavit attested by presiding officer improper.	13 August 2010
April 2010
Director Pharmaceutical and Plastics Limited vs Kitojo Simon and 26 Others (Dc. Civil Appeal No. 7 of 2008) [2010] TZHC 470 (16 April 2010) A judgment based solely on parties' submissions without sworn evidence under section 143 Employment Act is a nullity. * Employment law – referral by Labour Officer (s.141) – procedure on receipt of report (s.143) requiring attendance of parties and witnesses and recording of evidence on oath. * Civil procedure – determination based on submissions only – such practice unlawful and renders proceedings nullity. * Remedy – set aside judgment and remit for fresh trial. * Costs – none ordered in employment matter.	16 April 2010
March 2010
George Ngaja vs Auckland Magwiya (Civil Application No. 5 of 2009) [2010] TZHC 502 (13 March 2010) Extension of time refused where applicant failed to disclose points of law and High Court had already considered the certificate request. * Appellate procedure – extension of time to file Notice of Motion for certificate under s.5(2)(c) Appellate Jurisdiction Act – previous High Court consideration of certificate application – non-disclosure of points of law as ground for refusal.	13 March 2010
February 2010
Issa Sekemi vs Andrew Salimu (Civil Revision No. 5 of 2009) [2010] TZHC 499 (12 February 2010) Where a trial court record is unavailable and a judgment appears fictitious, proceedings were nullified and attached property released. Revision – supervisory powers of High Court under Magistrates’ Courts Act – missing trial court record – alleged fictitious judgment – nullification of Primary and District Court proceedings – setting aside execution and release of attached property.	12 February 2010
Mohamed Frenk vs Mangoma Seif (PC. Criminal Application No. 13 of 2009) [2010] TZHC 500 (12 February 2010) An extension application grounded on the wrong statute is incompetent and is struck out. Criminal procedure – extension of time to appeal – application erroneously grounded on section 11(1) of the Appellate Jurisdiction Act – wrong statutory footing renders application incompetent – application struck out; proper procedure is under the Magistrates' Courts Act.	12 February 2010

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