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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.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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

10 judgments

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10 judgments


October 2020
Benjamin Oswald Mokiwa vs Hussein Mbwana (Civil Appeal 5 of 2020) [2020] TZHC 4723 (30 October 2020)	30 October 2020
Richard Mbwana vs Joseph Mangenya (Misc. Land Application 93 of 2018) [2020] TZHC 4718 (26 October 2020) Alleged illegality and misnaming justified extending time for the applicant to appeal an execution order. Civil procedure — Civil practice — Execution — whether execution can be enforced against a person not party to original proceedings due to misnaming Land law — extension of time to appeal — alleged illegality as sufficient cause to extend time (Principal Secretary v Devram Valambhia)	26 October 2020
Tanga City Council vs Rashid Kishando and 24 Others (Misc. Application 6 of 2018) [2020] TZHC 4720 (26 October 2020)	26 October 2020
James Kusaga vs Sebastian Kolowa Memorial University (sekomu) (Misc. Civil Application 41 of 2020) [2020] TZHC 4687 (22 October 2020) Alleged procedural unfairness and illegality in university discontinuation justified leave to seek certiorari and mandamus. Administrative law — Judicial review — Leave to apply for prerogative orders — Allegations of illegality, procedural unfairness and irrationality — prerogative orders (certiorari and mandamus) — Reinstatement and correction of examination results Natural justice — requirement of fair hearing in disciplinary proceedings — University disciplinary decisions — Proper composition of decision‑making body	22 October 2020
Ramadhani Msangazi vs Republic (Criminal Appeal 50 of 2020) [2020] TZHC 4719 (22 October 2020) Conviction for grave sexual abuse quashed where prosecution failed to prove 'for sexual gratification' element beyond reasonable doubt. Criminal law — sexual offences — grave sexual abuse — Prosecution’s burden and proof beyond reasonable doubt	22 October 2020
Ally Saidi Tandiko vs Serikali Ya Kijiji Zimbiri (Misc. Land Application 5 of 2020) [2020] TZHC 4717 (21 October 2020) Sickness occurring after the 60‑day appeal period does not amount to good cause to extend time to appeal. Appellate practice — extension of time — Sickness/medical incapacity as potential good cause — Land Disputes Courts Act s.38(1)	21 October 2020
Daudi Bakari@ Nyagalu vs Republic (Criminal Appeal 25 of 2020) [2020] TZHC 4722 (20 October 2020) Guilty plea and prosecution facts omitting victim's age made the plea ambiguous; conviction quashed. Criminal law — Appeal after guilty plea — conviction quashed where prosecution facts omitted age — exceptions where plea ambiguous or admitted facts cannot sustain conviction Criminal law — guilty plea Criminal law — Statutory rape — victim's age is a material element	20 October 2020
Paulina D/o Emmanuel vs Republic (DC Criminal Appeal 21 of 2020) [2020] TZHC 4724 (20 October 2020)	20 October 2020
Sanare Lemomo vs Shuku Swalehe (Misc. Land Application 3 of 2020) [2020] TZHC 4716 (19 October 2020) Applicant granted extension to file revision because conflicting tribunal judgments raised apparent illegality. Limitation law — Limitation — extension of time	19 October 2020
Finiaz Ezra vs Mhando Omari (Misc. Civil Application 49 of 2019) [2020] TZHC 4715 (15 October 2020) Court extended appeal time, excluding period spent diligently prosecuting an appeal later struck out, and granted 60 days. Land law — computation of limitation — authorities considered: Selina Chibango, Yusufu Same, Transport Equipment Ltd v Valambhia — exclusion of time spent diligently prosecuting a subsequently struck‑out appeal — sufficient cause for extension Land law — Land disputes courts act s38(1) — extension of time to appeal	15 October 2020