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

39,206 judgments

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Aboud, J.

Agatho, J.

Amour, J.

Arufani, J.

Bade, J.

Bahati Salema, J.

Bahati, J.

Bampikya, SDR

Banzi, J.

Barthy, J.

Biron, J.

Bong, J.

Bongole, J.

Bubeshi, J.

Bukuku, J.

Bwana, J.

Bwana, J.A.

Bwegoge, J.

Chaba, J.

Chande, J.

Chikoyo, J.

Chinguwile, J.

Chipeta, J.

Chocha, J.

Chua, J.

Chuma, J.

Chuwa, J.

D'Souza, Ag. J.

De-Mello, J.

Ding'ohi, J.

Dyansobera, J.

Ebrahim, J.

Feleshi, J.

Feleshi, J.K.

Fikirini, J.

Galeba, J.

Gileba, J.

Gonzi, J.

Gwae, J.

Hamid, C.J.

Hassan, J.

Hema, J.

Hemedi, J.

Ihayo, J.

Ihema, J.

Isaya, J.

Ismail, J.

Issa, J.

Itemba, J.

Juma, J.

Jundu, J.

Jundu, J.K

Kadilu, J.

Kaduri, J.

Kafanabo, J.

Kaganda, J.

Kagomba, J.

Kah, J.

Kahyoza, J.

Kaijage, D.R.

Kaijage, J.

Kaijage, J.A.

Kainda, J.

Kairo, J.

Kajeri, J.

Kaji, J.

Kakolaki, J.

Kalegeya, J.

Kalombola, J.

Kalunde, J.

Kamana, J.

Kamuzora, J.

Kannonyele, J.

Kapoor, Ag. J.

Karayemaha, J.

Karua, J.

Katiti, J.

Kawishe, J.

Kazimoto, J.

Kente, J.

Kerefu, J.

Khaday, J.

Khalfan, J.

Khamis, J.

Kibella, J.

Kihio, J.

Kihwelo, J.

Kilekamajenga, J.

Kileo, J.

Kileo, J.A.

Kilimi, J.

Kimaro, J

Kimaro, J.

Kimaro, J.A.

Kimicha, J.

Kinyaka, J.

Kirekiano, J.

Kisanga, J.

Kisanya, J.

Kitusi, J.

Kiwonde, J.

Komba, J.

Korosso, J.

Korosso, J.A.

Kulita, J.

Kwariko, J.

Kwariko, J.A.

Kyando, J.

Laltaika, J.

Lawena, J.

Lila, J.

Lillian, J.

Longopa, J.

Longway, J.

Luanda, J.

Luanda, J.A.

Lubuva, J.

Lugakingira, J

Lugakingira, J.

Lugakingira, J.A.

Lukelelwa, J.

Luvanda, J.

Luvuba, J.

Lyimo, J.

Mackanja, J.

Madeha, J.

Maghimbi, J.

Magoiga, J.

Mahimbali, J.

Maige, J.

Maige, J.A.

Maina, J.

Makame, J.

Makame, J.A.

Makani, J.

Makanja, J.

Makaramba, J.

Makungu, J.

Makuru, J.

Malata, J.

Mallaba, J.

Mambi, J.

Mandia, J.

Mandia, J.A.

Manento, J.

Mango, J.

Mansoor, J.

Manyanda, J.

Mapigano, J.

Mapigano, J.A.

Maruma, J.

Masabo, J.

Masaju, J.

Masanche, J.

Masara, J.

Mashaka, J.

Mashauri, J.

Masoud, J.

Massam, J.

Massati, J.

Massati, J.A.

Massengi, J.

Matogolo, J.

Matui, J.

Matuma, J.

Matupa, J.

Mbagwa, J.

Mchomba, J.

Mchome, J.

Mdemu, J.

Mfalila, J.

Mganga, J.

Mgaya, J.

Mgetta, J.

Mgeyekwa, J.

Mgonya, J.

Mhina, J.

Mihayo, J.

Mipawa, J.

Mirindo, J.

Mjasiri, J.

Mjasiri, J.A.

Mjemmas, J.

Mkapa, J.

Mkasimongwa, J.

Mkeha, J.

Mkude, J.

Mkuye, J.

Mkwawa, J.

Mkwizu, J.

Mlacha, J.

Mlay, J.

Mlyambina, J.

Mmila, J.

Mmilla, J.A.

Mnyukwa, J.

Mnzavas, J.A.

Mnzavas, J.K.

Mohamed, J.

Mongella, J.

Morris, J.

Moshi, J.

Mpaze, J.

Mrango, J.

Mrema, J.

Mrisha, J.

Mroso, J.

Mruke, J.

Mruma, J.

Mruso, J.

Msafiri, J.

Msoffe, J.

Msoffe, J.A.

Msoffe, PRM-E.J.

Mstimi, J.K.

Msumi, J.

Msuya, J.

Mtembwa, J.

Mtenga, J.

Mteule, J.

Mtulya, J.

Mtungi, J.

Mugasha, J.

Mugasha, J.A.

Mugeta, J.

Mujulizi, J.

Munisi, J.

Munuo, J.

Munyera, J.

Muro, J.

Muruke, J.

Muruke, J.A.

Mushi, J.

Musokwa, J.

Mussa, J.

Mutungi, J.

Mwaikasu, J.

Mwaikugile, J.

Mwaikusa, J.

Mwaimu, J.

Mwaipopo, J.

Mwakahesya, J.

Mwakapeje, J.

Mwakasendo, J.

Mwakibete, J.

Mwalusamya, J.

Mwalusanya, J.

Mwambegele, J.

Mwambegele, J.A.

Mwampashi, J.

Mwandambo, J.

Mwandambo, J.A.

Mwanga, J.

Mwangesi, J.

Mwangesi, J.A.

Mwarija, J.

Mwarija, J.A.

Mwaseba, J.

Mwenda, J.

Mwenegoha, J.

Mwenempazi, J.

Mwihambi, J.

Mwipopo, J.

Mwita, J.

Mziray, J.

Mzuna, J.

Nangela, J.

Nchalla, J.

Nchimbi, J.

Ndesamburo, J.

Ndika, J.

Ndika, J.A.

Ndumbaro, J.

Ndunguru, J.

Ngigwana, J.

Ngunyale, J.

Ngwala, J.

Ngwembe, J.

Nkwabi, J.

Nongwa, J.

Nsekela, J.

Nyalali, C.J.

Nyalali, J.

Nyangarika, J.

Nyerere, J.

Omari, J.

Opiyo, J.

Oriyo, J.

Oriyo, J.A.

Otaru, J.

Othman, C.J.

Othman, J.

P. R. Kahyoza, J.

Phillip, J.

Pomo, J.

Ramadhani, C.J.

Ramadhani, J.

Ramadhani, J.A.

Robert, J.

Rubama, J.

Rugazia, J.

Ruhangisa, J.

Ruhumbika, J.

Rumanyika, J.

Rumisha, J.

Rutakangwa, J.

Rutakangwa, J.A

Rutatinisibwa, J.

Rwakibarila, J.

Rweyemamu, J.

Rwizile, J.

Samatta, J.

Samatta, J.A.

Samatta, J.K.

Sambo, J.

Sameji, J.

Sarwatt, J.

Sehel, J.

Sehel, J.A.

Sekule, J.

Sepetu, J.

Shaidi, J.

Shangali, J.

Shangwa, J.

Shayo, J.

Sheikh, J.

Simfukwe, J.

Sinda, J.

Sisya, J.

Siyani, J.

Siyani, J.K.

Songoro, J.

Sumari, J.

Teemba, J.

Thema, J.

Tiganga, J.

Twaib, J.

Utamwa, J.

Uzia, J.

Wambali, J.

Wambura, J.

Werema, J.
Labels

Reported
Outcomes

Aappeal allowed, quash the conviction and set aside the sentence imposed on the appellant, order that the appellant be set at liberty forthwith unless he is held for some other lawful cause.

Accept the invitation extended to us by the learned counsel of the parties and hereby invoke our power of revision bestowed upon us under section 4 (2) of the Appellate Jurisdiction Act, Cap 141 of the Revised Edition 2019, quash and set aside the entire proceedings and judgment of the trial court together with subsequent orders, further direct that Land Case No. 46 of 2014 be set down for trial after the Registrar of Titles is joined as a party in terms of Order 1 Rule 10 (2) of the CPC,

Access acquited

Accordingly the application allowed, that means, if this application is not granted, the respondent will proceed to evict the applicant from the suit premises. For that matter, execution of the decree in Land Case No. 16 of 2017 (Mruma J.) dated 23rd April, 2021 is hereby stayed pending the determination of Civil Appeal No. 431 of 2021.

Accused person acquitted

Accused person be kept in a mental health Hospital, as a mental disordered offender

Accused person convicted

Allow appellant's appeal, quash conviction, set aside the sentence imposed on him and proceed to order his immediate release from custody unless otherwise lawfully held

Allow the first ground of appeal and hold that, the prosecution case was not proved beyond reasonable doubt

Appeal allowed , accordingly quash the appellant's conviction and substitute it with an acquittal resulting into setting aside the sentence imposed on the appellant, consequently, order for immediate release of the appellant from prison unless he is being held for some other lawful cause

Appeal allowed and order the appellant to be released from custody unless he is otherwise held for other lawful cause (s).

Appeal dismissed in its entirety.

Appeal Allowed with costs

Appeal No. 619 of 2022 allowed to the extent indicated and strike out Civil Appeal No. 13 of 2023

Appeal Struck out with costs

Appeal allowed

Appeal allowed and consequently, quash the proceedings of both the Tribunal and the High Court and set aside the resultant Judgments

Appeal allowed and order that the appellants be released from prison forthwith if no other justifiable cause holds them therein.

Appeal allowed the appellant's conviction is quashed and the sentence meted out to him is set aside, henceforth, order the immediate release of the appellant from prison if he is not otherwise retained for some other lawful cause

Appeal allowed the appeal, nullify the trial court's proceedings, quash conviction and set aside the appellant's sentence, order a retrial of the appellant before a competent court upon receipt of a valid consent from the DPP. In the meantime, the appellant shall remain in custody pending retrial.

Appeal allowed , further quash the conviction against the appellant and set aside the sentence imposed on the appellant.

Appeal allowed , quash conviction of murder against the appellant and set aside the sentence of death passed, and substitute for a conviction of manslaughter.

Appeal allowed and order that the appellants shall be released forthwith from custody if not held therein lawfully on another cause.

Appeal allowed and quash the appellant's conviction, set aside his sentence of death; and finally order his immediate release from prison, unless he is held there for any other lawful cause

Appeal allowed quash and set aside the appellant's conviction for murder and sentence of death

Appeal allowed, consequently quash the conviction, set aside the sentence and the subsequent order made thereof, further make an order that the appellant be immediately set free unless held for some other lawful cause.

Appeal allowed, for that reason, quash the conviction and set aside the sentence, order the immediate release of the appellant if he is not in custody for some other lawful cause.

Appeal allowed, the judgment, proceedings and the decree of the Mining Commission are hereby quashed and set aside. Further, direct the Mining dispute No. 04 of 2022 between the parties herein be heard afresh and expeditiously by another Arbiter according to the prevailing laws.

Appeal allowed, quash conviction and set aside the appellant's death sentence, immediate release of the appellant from prison unless held for other lawful cause.

Appeal allowed, quash conviction and set aside the sentence imposed on the appellant, the appellant should be released from prison forthwith, unless held for other lawful cause.

Appeal allowed, quash the appellant's conviction and set aside the sentence. The appellant should be released from prison forthwith unless he is held for other lawful cause

Appeal allowed, quash the conviction and set aside the sentence and the appellant be immediately set free unless held for some other lawful cause.

Appeal allowed, quash the conviction and set aside the sentence imposed on him. We further order the appellant be released from the prison forthwith unless he is otherwise lawfully held

Appeal allowed, quash the conviction and set aside the sentence. We further order the immediate release of the appellant from prison unless he is otherwise lawfully held.

Appeal allowed, quash the conviction, set aside the sentences meted out against the appellants. We further order that, the appellants be released forthwith from custody unless held for other lawful reasons

Appeal allowed, quash the convictions and set aside the sentence the appellants be immediately set free unless held for some other lawful cause.

Appeal being unmeritorious, is dismissed in its entirety.

Appeal devoid of merit and it is hereby dismissed in its entirety.

Appeal dismiss it entirely

Appeal dismiss it in its entirety

Appeal dismiss it in its entirety with costs

Appeal dismiss it on its entirety

Appeal dismissed

Appeal dismissed with costs

Appeal dismissed in its entirety

Appeal dismissed it entirely

Appeal dismissed with costs to the third respondent

Appeal failed

Appeal fails and dismissed

Appeal fails in its entirely, thus dismissed.

Appeal granted

Appeal has no merit and it is dismissed in its entirety.

Appeal has no merit and it is dismissed it with costs

Appeal is allowed in part as indicated in this judgment with costs.

Appeal is allowed, conviction quashed and sentence set aside. The appellants are to be set at liberty forthwith, unless otherwise lawfully held.

Appeal is barren of fruits and we accordingly dismiss it in its entirety

Appeal is deemed to have been withdrawn upon the expiry of the prescribed period of sixty days after its lodgment for failure by the respondent to institute the appeal upon been issued with the certificate of delay each party to bear its own costs

Appeal is devoid of merit and dismissed it.

Appeal is devoid of merit and dismiss it.

Appeal is devoid of merit, accordingly, dismiss it

Appeal is devoid of merit, and hereby dismiss it with costs.

Appeal is devoid of merit, and hereby dismiss it with costs.

Appeal is dismissed in its entirety with costs

Appeal is dismissed in its entirety, for lack of merit.

Appeal is dismissed in its entirety.

Appeal is hereby dismissed for lack of merits.

Appeal is hereby dismissed under section 3 (1) of the Law of Limitation Act, Cap. 89 R.E 2019 for being time barred.

Appeal is hereby dismissed with costs for being unmerited.

Appeal is partly allowed

Appeal is partly allowed by setting aside the decision of the first appellate court and subsequently, the decision the trial Court is upheld. The appellant shall pay the respondent costs of this appeal.

Appeal is partly allowed to the extent shown herein above. In the circumstances and from the fact that the appeal arose from a labour dispute, we make no order as to costs.

Appeal is strike out

Appeal is struck out the respondents shall have their costs

Appeal is struck out with cost

Appeal partially allowed

Appeal partly allowed

Appeal partly is allowed

Appeal partly succeeds to the extent of the second and third grounds of appeal.

Appeal quashed and set aside the evidence of witnesses so that another Chairman shall hear witnesses afresh by administering oaths before taking their evidence.

Appeal stand dismissed with costs

Appeal strike out

Appeal strike out l with no order as to costs.

Appeal struck out

Appeal succeeds

Appeal without merit and, it is accordingly dismissed with costs.

Appeals are dismissed for lack of merit

Appellant be released from prison forthwith unless he is otherwise lawfully held

Appellant shall be released forthwith from custody unless lawfully held therein

Appellant shall remain in custody pending retrial before a competent court, further order that, should the appellant be found guilty and convicted, the served time in jail should be included in the jail term to be imposed.

Appellant should remain in custody pending being committed to the High Court for trial

Appellants be released forthwith from prison, unless they be held there for other lawful cause.

Appellants should remain in custody pending composition and delivery of the judgment by the trial court

Applicant did not demonstrate any good cause that would entitle her to the sought extension, in the result, the application is not merited it is accordingly dismissed in its entirety.

Applicant is granted extension of time to file a notice of appeal within thirty (30) days from the date of delivery of this ruling.

Application allowed

Application allowed for extension of time to file the appeal

Application allowed in part

Application be stayed

Application before the court is therefore time barred, it is dismissed with costs.

Application declared a nullity, quashed and set aside

Application dismissed

Application dismissed with costs

Application dismissed in it entirely

Application dismissed with costs

Application dismissed without costs

Application fails and is accordingly dismissed with costs.

Application fails and is dismissed

Application fails and is, accordingly, dismissed with costs

Application for extension of time granted

Application for reference before the High Court judge was incompetent since such court had no jurisdiction to entertain and determine it. Consequently, we find merit in the application and grant it.

Application for reference devoid of merit and it is hereby dismissed with costs.

Application for reference devoid of merit it is accordingly dismissed with costs

Application for reference is dismissed.

Application granted

Application granted and order that the execution of the Judgment and Decree of the High Court (Land Division) in Land Case No. 60 of 2022 which was delivered on 7th March, 2023, be stayed pending the hearing and determination of Civil Appeal No. 800 of 2023 pending in the Court, further order that the applicants should deposit a Bank's Guarantee covering the value of the disputed land to the tune of 5 million Shillings as security for the due performance of the decree within thirty days from the date of the delivery of this Ruling.

Application granted with costs

Application is allowed

Application is devoid of merits which is dismissed with costs.

Application is devoid of merits, it is dismissed with costs.

Application is found to be meritorious and granted

Application is granted

Application is hereby adjourned to a future session of the Court

Application is hereby marked withdrawn with leave to refile under Rule 55 (1) and (2) of the Labour Court Rules, the same be refiled within fourteen (14) days from the ruling hereof.

Application is hereby struck out with costs.

Application is meritorious and thus granted..

Application is strike out with costs

Application is thus, hereby granted

Application is unfounded and thus dismissed it with costs.

Application is unmerited and stands dismissed.

Application lacks merit and dismiss it with cost.

Application lacks merit and hereby dismiss it in its entirety

Application strike out

Application strike out with costs

Application struck out

Application struck out each party shall bear its costs

Application struck out from the statute book

Application struck out with costs.

Application with no merit and dismissed it with costs.

Both accused persons not guilty of the offence of Murder contrary to sections 196 and 197 of the Penal Code, [Cap 16, R.E. 2002] now [R.E 2022] as charged and proceed to acquit and immediate release from prison unless otherwise lawfully held.

Consequently, in terms of section 4 (2) of the ADA, the court hereby quash the proceedings and judgment of the trial court and set aside the conviction and the sentence meted against the appellant, the record of this appeal shall be remitted to the trial court for retrial before another Judge in accordance with the law.

Consequently, the entire appeal is struck out for being incompetent. Each party to bear own costs as the disposal of this appeal was based solely on the point raised by this court suo mottu. It is so ordered. Right of appeal explained.

Defendants liable for defamation and, hereby grant Plaintiff reliefs.

Dismissed the second respondent's preliminary objection

For the avoidance of doubts, nullify the proceedings, quash the judgment and set aside the sentence, order the record to be remitted to the High Court for a retrial according to law, meanwhile the appellant shall remain in custody.

For the foregoing reasons and being guided by the aforementioned authorities, the appeal is allowed solely on the ground raised by this court suo mottu. The conviction is hereby quashed and the sentence is set aside. Further, I order that the appellant be released from custody and be set free forthwith unless he is held for some other lawful cause. Order accordingly

For the interest of justice of the case, the Court decline making an order for retrial as persuaded by the counsel for the parties. As a result, in exercise of our revisional power under section 4 (2) of the AJA, nullify all the proceedings in the trial and first appellate courts, the Court proceed to quash conviction and set aside the appellant's thirty (30) years imprisonment sentence, order immediate release of the appellant from prison unless otherwise, lawfully held.

For these reasons, the Court order that, the record be remitted to the trial court for the case to be heard afresh from the stage where the first trial commenced. Meanwhile, the appellant shall remain in custody pending his retrial which, direct, should be expedited.

For those reasons, this application has not met the threshold for this court to exercise the discretion to grant bail pending appeal. As the result, the application is hereby dismissed for want of merit. Order accordingly.

In consequence of the foregoing, the Court find the appeal barren of fruits. Accordingly dismiss it.

In terms of section 4 (2) of the AJA, we quash the proceedings and resultant judgments of both lower courts set aside the sentences meted out against the appellants and order for an expedited retrial before another magistrate with competent jurisdiction.

In the circumstances, the Court order that, the record be remitted to the trial court for the case to be heard afresh from the stage where the first trial commenced. Meanwhile, the appellants shall remain in custody. the Court equally order for the said retrial to be expedited.

In the circumstances, the Court remit the case file to the DLHT at Dodoma and direct that Misc. Land Application No. 110 of 2021 be heard afresh and expeditiously by another chairman and a new set of assessors. It is so ordered.

In the result and for the foregoing reasons, the Court exercise the power of revision under section 4 (2) of the Appellate Jurisdiction Act Cap. 141 to revise, nullify and quash the proceedings of the trial court with effect from 6th August, 2020 when the hearing commenced and set aside the decree in Commercial Case No. 11 of 2019. Consequently, the Court order the case file to be remitted to the trial court for a retrial. In the circumstances, we order that each party shall bear its own costs.

In the upshot, the Court find that this appeal lacks merit and it is entirely dismissed. As the result, the Court hereby order the appellant to pay the respondent the outstanding amount of TZS 6,690,000/-. The mode of payment of the outstanding amount or execution of the decree is exclusively left to the discretion of the parties herein. No order as to costs.

In view of the circumstance of this matter, the Court uphold the submission by the learned Principal State Attorney that the interests of justice in the matter at hand demand that there should be a retrial before the High Court. thus order the case to be tried afresh by a court of competent jurisdiction, subject to the consent of the DPP to prosecute the appellant. In the meantime, the appellant shall remain in custody to await the resumption of the trial.

In view of the foregoing, and having found that this appeal is time-barred, no need to address the second issue concerning the variation in the names of the parties in the records of DLHT and this court, accordingly, the appeal is hereby dismissed with costs for being time barred.

Invoke revisional authority in pursuance of section 4 (2) of the AJA and quash the consequential order

Invoke the revisional powers under section 4 (2) of the Appellate jurisdiction Act [Cap 141, R.E. 2019], quash that part of the High Court order dated 10.12.2020 directing EBK to file its written statement of defence and nullify all the proceedings subsequent to that order, also quash the resultant judgment and remit the record of Commercial Case No. 105 of 2020 to the High Court (Commercial Division) for retrial of the case after the mandatory provisions of Order I rule 10 (4) of the CPC have been complied with.

Law reform recommendation

Matter is marked settled

Notice of Appeal has to be amended

Nullify the proceedings and judgment of the Tribunal and that of the High Court

Nullify the proceedings of the trial court, quash the judgment and set aside the decree, further make an order for an expedited retrial of the suit by another Judge

Objection overruled

Objection sustained

Preliminary Objection overlewd with no costs

Preliminary objection by the first respondent is upheld, application is thus struck out with costs.

Preliminary objection is overruled with costs.

Preliminary objections are devoid of substance, they are accordingly overruled with costs

Proceedings nullified ito section 4(2) of the AJA

Proceedings of the subordinate court are nullified meanwhile, the accused shall remain in custody pending the holding of fresh committal proceedings and his ultimate trial.

Proposed order to remit the case file to the trial Magistrate or his successor in office to compose a proper judgement in compliance with section 312(2) of the CPA is, in the circumstances of this matter, superfluous, thus allow the appeal, quash the conviction and set aside the sentence of three (3) years in community service and the compensation of TZS 1,500,000/=.

Quash his conviction and set aside the sentence immediate release from prison.

Quash the conviction and set aside the sentence imposed on the appellant and the appellant be set free unless he is being held for other lawful cause.

Quash the proceedings before the High Court as well as the judgment, and set aside the resultant orders

Quashed

Quashed the conviction and set aside the sentence awarded to the appellant, and order his immediate release from prison unless lawfully held.

Quashed the judgments and set aside the orders, we remit the record to the trial Tribunal for it to conduct an expedited retrial according to law.

Reference Dismissed

Reference is unmerited, it stands dismissed.

Reject the applicant's motion for change of panel or for the recusal of one of us because that is against the clear provisions of rule 66 (5) of the Rules

Retrial

Revision dismissed

Revision granted

Sentence of the accused shall start from 2nd November, 2023 because the irregularity was prompted by the trial court.

Set aside the sentence

Strike out the application with costs.

Suit dismissed without costs

Suit dismissed with costs

Suit granted

Summary Judgement entered in favour of the plaintiffs

The Court allow the appeal, nullify the proceedings of the lower courts, quash the appellant's conviction and set aside the custodial sentence imposed on him. As stated above, there should be a retrial, if that is possible. Meanwhile, the appellant shall remain under remand custody awaiting retrial.

The Court find it just that time is extended for the applicants to lodge the intended appeal, the intended appeal shall be lodged in this court within 30 days from the date of this Ruling.

The Court find nothing to fault the two courts below because the prosecution case was proved to the required standard, in the end, Court find no substance in the entire appeal and it is hereby dismissed.

The Court grant the order to stay the execution of the CMA award in Labour Dispute No. CMA/SGD/29/2018/06/2019 pending the hearing and final determination of Labour Review No. 25141 of 2024 pending before this court. This being a labour matter, the parties shall bear their own costs. Order accordingly.

The Court order the case file to be remitted to the District Court, for the parties to be heard expeditiously, before Katemana, PRM or his successor in office, on the question of time limitation which was raised suo mottu. Each party to bear own costs as the irregularity was prompted by the District Court.

The Court therefore find the illegality pleaded not to constitute a reasonable cause for extension of time, in conclusion therefore, having the two grounds for extension of time not met by the applicant sufficiently to move this court to exercise its discretionary powers, the Court find this application to be without merits and is hereby dismissed.

The Court undoubtedly find the trial was vitiated, hold that, the trial conducted without framing issues was a nullity and hereby quashed. So is the judgment and decree that followed. Going forward, the Court order that the record be remitted to the High Court for a retrial before another Judge. For the reasons given, the Court allow the appeal but with no order for costs.

The Court is hereby dismiss the appeal in its entirety and sustain the conviction and sentence meted out against the appellant by the trial court.

The appeal is hereby allowed and the decision of the trial court is upheld accordingly. For the purpose of emphasis, the parties are at liberty to refer the land dispute to the competent civil forum for conclusive determination on the question of ownership. From then onwards, encroachment onto the land of the other could be a trespass and a criminal charge can be brought against the offending party. It is accordingly ordered. Right of appeal explained.

The application is hereby struck out for being incompetent with no order for costs. It is so ordered.

The entire Preliminary Objections have no legal basis and, are hereby overruled.

The entire appeal is hereby dismissed.

The matter before this court is, by the consent of both parties, marked settled as per the terms and conditions contained in the deed of settlement

The matter before this court is, by the consent of both parties, marked settled as per the terms and conditions contained in the deed of settlement.

The matter to be remitted to the trial court for a trial to be conducted as expeditiously as possible

The prayer for extension of time is granted to allow the applicant to lodge the contemplated appeal to the Court

The suit before the Court is incompetent for want of jurisdiction. Consequently, the suit is hereby struck out with costs.

The suit is hereby struck out with costs awarded to the defendants.

Therefore, in terms of section 4 (2) of the Appellate Jurisdiction Act [CAP 141 R.E 2019], the Court invoke our revisional jurisdiction and nullify the trial court judgment and summing up notes, quash and set aside the conviction and sentence meted on the appellant. It is further directed that, the case file be returned to the High Court for it to conduct a proper summing up to the assessors in compliance with section 298 (1) of the CPA and thereafter compose a fresh judgment and if need arises, give reasons for disagreement with the view of majority assessors.

Trial court had jurisdiction to entertain the appellant's application to investigate the ownership of the motor vehicle, thus allow the appeal, quash the ruling of the trial court and the resultant judgment of the High Court on an appeal and set aside all orders made thereto, make a direction that, the original record be remitted to the trial court for hearing and determination on merit of Miscellaneous Criminal Application No. 1 of 2021 by another magistrate of competent jurisdiction.

With the few pointed out defects we entirely agree that retrial will be prejudicial to the appellants. In the end, the Court proceed to allow the appeal, nullify the proceedings, quash the conviction and set aside the sentence. All three appellants be released from prison unless being held for some other lawful reasons.

immediate release of the appellants from prison unless they are lawfully held.

strike it out each party shall bear his own costs.
Topics

Accrual of action

Admissibility

Amekubali ubaba

Appealability of consent order

Arrest and detention

Assessment of damages

Award of Costs

Burden and Standard of proof

Burden of proof

Costs of Dismissed Applications

Court Procedures

Damages Assessment (General and Special)

Death penalty

Defence of Insanity

Duplex charge

Expert evidence

Foreign agent

General Damages

Immutable characteristics

Malipo ya ujira yaanze atakapoanza kazi

Mfanyakazi arudishwe kazini

Mitigation and cooperation

National security

Overtime pay

Persecution

Persecution based on religion

Prejudicial communication

Presumptions under the National Security Act

Purposive interpretation

Quantum of damages in an action for adultery

Refugees

Reinstatement Orders

Rights of refugees

Role and authority of advocate in conducting case

Statement made to a police officer

Suit for damages for adultery

Tanzanian caselaw

Taxation of Bill of Costs

Validity of consent order

custody and maintenance

division of matrimonial property

evidence

injunctions

judicial review

jurisdiction to interpret an organisation’s constitution

labour court

offences

public officers

termination of guarantee agreements

validity of mortgage documents
Alphabet

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Citation	Judgment date
January 2025
Donard Mganga vs Mtaju Masatu & Another (PC Criminal Appeal No. 000027645 of 2025) [2025] TZHC 55 (22 January 2025)	22 January 2025
Republic vs. Nkwabi Joseph Shindayi (Criminal Session No. 3983 of 2024) [2025] TZHC 53 (22 January 2025)	22 January 2025
Republic vs. Nkwabi Joseph Shindayi (Criminal Session No. 3983 of 2024) [2025] TZHC 54 (22 January 2025)	22 January 2025
Wangala Maganga vs The Republic (Dc Criminal Appeal No.11757 of 2024) [2025] TZHC 52 (22 January 2025)	22 January 2025
Buzurizuri Gassoni & Three Others vs Yanga Mhogeje (Administrator of the Estate of the Late Lufungulo Mhogeje) (Land Appeal No. 5495 of 2025) [2025] TZHC 46 (21 January 2025)	21 January 2025
Emmanuel Augustino Wangwe and 7 Others vs North Mara Gold Mine Limited (000025851 of 2023) [2025] TZHC 56 (20 January 2025)	20 January 2025
Lenard Barnaba Luchagula vs Tianpin (T) Investment Management Limited (Civil case No. 303874/2024) [2025] TZHC 57 (20 January 2025)	20 January 2025
Revania Ndarama vs Lidia Choya & another (Land Appeal No 15175 of 2024) [2025] TZHC 45 (20 January 2025)	20 January 2025
Justus Kizenga@Kaitaba Vs The Republic (Misc.Criminal Application No 33702 OF 2024) [2025] TZHC 43 (17 January 2025)	17 January 2025
Justus Kizenga@Kaitaba Vs The Republic (Misc.Criminal Application No 33702 OF 2024) [2025] TZHC 44 (17 January 2025)	17 January 2025
Martine Julius Masenya vs. Bulyanhulu Gold Mine Limited & others (Labour Revision No. 21086 of 2024) [2025] TZHC 51 (17 January 2025)	17 January 2025
Derick Mwangupili vs Barusha M. Masanja (Misc. Land Appeal No. 19351 of 2024) [2025] TZHC 58 (16 January 2025)	16 January 2025
Emmanuel Makonganya Mwasenga vs Abdulrazack Hassani Hamisi and 2 Others (Civil Appeal No. 17005 of 2024) [2025] TZHC 59 (16 January 2025)	16 January 2025
Joseph Ngonyani vs Republic (Criminal Appeal No. 35482 of 2024) [2025] TZHC 37 (16 January 2025)	16 January 2025
Kutua Raymond Sangiwa vs Judith Rangya Muro and Four Others (Land Case No. 5 of 2023) [2025] TZHC 41 (16 January 2025)	16 January 2025
Malibha Manyama vs Manyama Njoya [2025] TZHC 35 (16 January 2025)	16 January 2025
Steph Fikiri Masinde vs Juma Adamu Ryakuka [2025] TZHC 39 (16 January 2025)	16 January 2025
The Republic vs Kija Jilunga Maduka @ Mahela and 8 Others (Criminal Session Case 82 of 2022) [2025] TZHC 30 (16 January 2025)	16 January 2025
Austack Alphonce Mushi vs National Bank of Commerce Limited & 2 Others (Land Appeal No. 4532 of 2024) [2025] TZHC 36 (15 January 2025)	15 January 2025
Emmanuel Chausi vs Emmanuel Sorwa [2025] TZHC 40 (15 January 2025)	15 January 2025
Johaness S/O Highness vs The Republic (Criminal Appeal No 31238 of 2024) [2025] TZHC 29 (15 January 2025)	15 January 2025
Jumanne Hamis Seleman v Rukia Mustapha (PC Civil Appeal No. 14505 of 2024) [2025] TZHC 28 (15 January 2025)	15 January 2025
Barrick Gold Mine Limited vs Augustino Nestor Sasi [2025] TZHC 32 (14 January 2025)	14 January 2025
Mwamini Khalfani vs Elias Elisha Segese & 4 Others (Land Case No 12240 of 2024) [2025] TZHC 24 (14 January 2025)	14 January 2025
Naftari Edward vs Republic [2025] TZHC 42 (14 January 2025)	14 January 2025
Shafii Katawale vs Republic (Misc. Criminal Application No. 687 of 2025) [2025] TZHC 27 (14 January 2025)	14 January 2025
Given Shilonde Mkisi vs Republic (Misc. Criminal Application No. 438 of 2025) [2025] TZHC 26 (13 January 2025)	13 January 2025
RNR Business Solution Limited vs Mabuba Magai [2025] TZHC 33 (13 January 2025)	13 January 2025
RNR Business Solutions Limited v Mabuba Magai (Labour Revision No. 12670/2024) [2025] TZHC 34 (13 January 2025)	13 January 2025
Shamte Mussa Lidani vs. Somoe Hassani Chinowa (PC Civil Appeal No. 15467 of 2024) [2025] TZHC 23 (13 January 2025)	13 January 2025
Taasisi ya Brac Tanzania vs Stella Philemon Mmari (16852 of 2024) [2025] TZHC 48 (13 January 2025)	13 January 2025
Willbard M. Mwombeki and another Vs Chief Executive Officer Tanzania National Roads Agency and another (Misc Civil Application No 612 OF 2025) [2025] TZHC 18 (13 January 2025)	13 January 2025
Abdul Timbulo vs Weja Jami & 3 Others (Misc. Civil Application No. 21535 of 2024) [2025] TZHC 10 (10 January 2025)	10 January 2025
Cooperative Rural Development Bank- CRDB Bank PLC vs Lucy Daniel Kombe T/A Mbottey General Business Company & Another (Civil Appeal No. 5 of 2023) [2025] TZHC 47 (10 January 2025)	10 January 2025
Cosmas Amos vs Republic1 (DC.Criminal Appeal No 16015) [2025] TZHC 22 (10 January 2025)	10 January 2025
Gotlib Chengula ( As Administrator of the Estate of the Late Magdalena Lupumbwe) vs Festo Lupumbwe & 2 Others (13394 of 2024) [2025] TZHC 49 (10 January 2025)	10 January 2025
Maurice Selemani Mwamwenda (Personal Legal Representative of the Estate of the Late Professor TUNTUFYE SELEMANI MWAMWENDA) vs Rashid Nditi & 2 Others (Misc. Labour Application No. 4467 of 2024) [2025] TZHC 38 (10 January 2025)	10 January 2025
National Bank of Commerce Ltd Vs Julian John Ichulika and another (Civil Appeal No 7 OF 2023) [2025] TZHC 25 (10 January 2025)	10 January 2025
Raymond Patrick Msigwa vs Linda Cassian Chatila & Another (04 of 2023) [2025] TZHC 50 (10 January 2025)	10 January 2025
Andendekisye Mwakansope & Another vs Clemence Julius Mwakoga (Suing as Administrator of Julius Mwakoga) (Misc. Land Application No. 18796 of 2024) [2025] TZHC 12 (9 January 2025)	9 January 2025
Ephraem Christopher Mrema vs Homange Kastory Kanzugala & Another (Misc. Civil Application No. 7148 of 2024) [2025] TZHC 13 (9 January 2025)	9 January 2025
Hebron Mwakisisya Masika & 9 Others vs Hon. Attorney General & 3 Others (Land Case No. 14 of 2022) [2025] TZHC 11 (9 January 2025)	9 January 2025
Mussa Athuman @ Mussa vs The Republic (Criminal Appeal No. 29904 of 2024) [2025] TZHC 16 (9 January 2025)	9 January 2025
Prestige Investment Sa Vs Standard Petroleum Llc (Civil Revision No.32571 Of 2024) [2025] TZHC 15 (9 January 2025)	9 January 2025
Yesaya Mwangomo (The Administrator of Estate of the Late Ulinyelusya Mwangomo) vs Olipa Kamboni (The Administratrix of Estate of the Late Agnes Peter Kamboni) (Land Appeal No. 19619 of 2024) [2025] TZHC 14 (9 January 2025)	9 January 2025
Edward Frank Macha vs Republic (Dc Criminal Appeal No. 27561 of 2024) [2025] TZHC 21 (8 January 2025)	8 January 2025
George Kassim Juma vs The Republic (Criminal Appeal Case No. 26429 of 2024) [2025] TZHC 17 (8 January 2025)	8 January 2025
Hamis Juma Hamis vs The Republic (DC Criminal Appeal No. 26880 of 2024) [2025] TZHC 19 (8 January 2025)	8 January 2025
Iddy Hussen vs Republic (DC.Criminal Appeal No 9492 of 2024) [2025] TZHC 7 (8 January 2025)	8 January 2025
Mathayo Jackson Semwa vs The Republic (Criminal Appeal No. 27478 of 2024) [2025] TZHC 20 (8 January 2025)	8 January 2025