Hon. Issa Maige, Hon. Ubena Agatho, Hon. Rehema Kerefu
Background: HON. MAIGE, J.A, AGATHO, J.A, KEREFU, J.A, ) COMMERCIAL CASE NO. 5 OF 2023 CASE REFERENCE NO. 20221219000507697 LUGUMISA SIMON AND OTHERS APPELLANT / APPLICANT VERSUS THE REPUBLIC RESPONDENT ORDER KEREFU, JA, MAIGE, JA, AGATHO, JA, The appeal is allowed, the conviction is quashed and sentence imposed upon the appellants is set aside. The appellants be immediate released from prison unless otherwise lawfully held. Dated at DAR ES...
OLIVER’S INVESTMENT & CO (1993) LIMITED vs KISWERE SALT WORKS LIMITED, ABDALLA JUMA NGALEMA , ZAMARADI JUMA ABDALLAH, HAWA JUMA NGALEMA , SALMA JUMA NGALEMA , HAJI JUMA NGALEMA, MWANAHAMISI CHANDE , JOSHUA MWAITUKA t/a FOSTERS AND COMPANY...
Background: RWIZILE, J This Probate Appeal arises from the ruling and order of the district court of Kasulu in Probate and Administration Cause No. 31996 of 2025. The background of it, as per the records, reveal that the Respondent, Suzana Lameck Hume, petitioned the trial court for grant of letters of administration in respect of the estate of the late Simwa Marenge Poti, who died intestate on 30 June 2021 at Kasulu District Hospital. th The...
Background: and decree as follows: - “a. Declaration that inclusion of the suit land into the Estate of the Late Ester John Mkeu by the 1 and 2 Defendants, as stnd Administrators and Administratrix of the said Estate, was unlawful: b. Declaration that registration of the names of the 1 Defendant as st owner of Plot No. 3394 Block ‘A’ Mbutu Kigamboni with CT No. DSMT 1039261 was equally unlawful. c. Declaration that Plaintiff is the lawful owner...
Debtor filed submissions opposing the same. I have carefully considered the Bill of Costs, the written submissions by both parties, the record of the proceedings and the applicable provisions of the Advocates Remuneration Order, 2015. The issues for determination are: 1. Whether the consultation and instruction fees claimed are properly chargeable and, if so, in what amount; 2. Whether the claimed court attendance fees are reasonable and...
Background: HASSAN, J This appeal arises from the ruling of the District Land and Housing Tribunal for Singida at Singida, whereby the Tribunal upheld a preliminary objection founded principally on limitation and thereby disposed of the appellant’s claim concerning the disputed 25 acres of land. The appellant has advanced five grounds of appeal. Though couched differently, the grounds substantially challenge the Tribunal’s decision to determine...
Background: . He argued that these attendances differ both in nature and duration and therefore need not attract identical fees. Regarding the award of TZS 5,000,000/= as instruction fees in Land Application No. 4 of 2021, Mr. Ngowi disputes the Applicants counsel contention that instruction fees should invariably be calculated on a percentage of the subject matter. He submitted that Order 41 together with Item 1(d), (k), (aa) and Orders 12(1)...
Background: KAMUZORA, J 11 June & 12 August 2026 thth The appellant and the second respondent are brothers, while the first respondent is the wife of the second respondent. The parties are embroiled in a dispute over a parcel of land measuring 1½ acres, situated at Buwa Street, Uhuru Ward, Mbulu District, in Manyara Region (hereinafter referred to as “the suit land”). The appellant claims that the suit land forms part of a three-acre parcel of...
. Nevertheless, the ex-parte proceedings from which the impugned ruling arose concerned the welfare and custody of a minor child, an innocent girl aged eight (8) years who, by reason of her tender age, requires the care, Page. 1 affection and support of both parents for her proper upbringing and future development. It is against that background that the Court of Appeal, in Shabbir Gulamabbas Nathan...
Background: CHABA, J The Applicants, Ibrahim Ally Mkuruzi and Abdallah Rajabu Mkuruzi, acting in their capacity as administrators of the estate of the late Ally Rajabu Mkuruzi, instituted the present application by way of Chamber Summons supported by an affidavit affirmed by Ibrahim Ally Mkuruzi dated 11th July, 2025. The application challenges the decision of the District Land and Housing Tribunal for Handeni at Handeni (the Tribunal), in...
Background: MIRINDO, J Before the High Court Commercial Division at Mwanza, the plaintiff Finites Limited has sued Matabe Mining Cooperative Society Limited and Ushirika wa Wachimba Dhahabu Matabe (“UWDM”) respectively for a breach of contract arising from the latter’s failure to sign the transfer form of their mineral rights. The plaintiff claims that on 3 January 2024 it bought four primary mining licences originally “owned” by its sister...
Background: MISCELLANEOUS LAND APPLICATION NO. 000028494 OF 2025 PAULO NYAKISINDA COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS MGAYA NYAKISINDA RESPONDENT / DEFENDANT RULING KAFANABO, J The Applicant named above seeks to restore Miscellaneous Land Application No. 14262 of 2025, which this Court dismissed on 15 October th 2025 for want of the Applicant’s appearance under Order IX Rule 5 of the Civil Procedure Code, Cap. 33 R.E. 2023...
Background: MANGO, J The appeal at hand originates from the decision of the District Land and Housing Tribunal for Nachingwea in Land Application No. 12 of 2025 which was instituted by the first Respondent, Hamis Abdallah Chembe. In the original application, the first Respondent sued the Appellant and the second Respondent contesting ownership of a farm located at Kampanga village, Nang’ondo Division, Nachingwea District in Lindi Region which is...
Background: between persons engaged in prospecting or mining operations among themselves or in relation to themselves and third parties other than the government is exclusively vested to the Executive Secretary as per the provisions of rule 3 (1) of the Mining Dispute Resolution, G.N No. 323 of 16/04/2021. Since the defendant is not engaged in mining operations, Mr. Kayinga believes that the same falls under the category of a third party...
ERASTO JOHN MTWEVE vs THE PERMANENT SECRETARY, MINISTRY OF HOME AFFAIRS, THE POLICE FORCE, PRISON, FIRE AND RESCUE FORCE AND IMMIGRATION DEPARTMENT COMMISSION, THE INSPECTOR GENERAL OF POLICE, THE ATTORNEY...
Background: GWAE, J In the present suit, the plaintiff, Halima Khatibu Hassan, claims that, her late father, Hatibu Hassan (hereinafter deceased), who passed away on 22 April 2020, gifted her the landed property known as Plot No. 125, Block “M”, nd L.O. No. 631141, situated at Kariakoo–Jangwani Magharibi within Ilala Municipality, Dar es Salaam Region (the suit property). The deceased is survived by ten (10) heirs, namely; his widow, the 1...
Background: Civil Appeal No. 755 of 2025 (unreported), Mr. Mbuya argued that a suit instituted beyond the prescribed period is liable to dismissal and accordingly prayed that the suit be dismissed with costs. Conversely, Mr. Demetrius Mtete, learned Advocate for the Plaintiff, submitted that the suit is essentially a land-related claim and is consequently governed by a twelve-year limitation period. He contended that the cause of action became...
Hon. Hadija Kinyaka, Hon. Cleophace Morris, Hon. Abdallah Gonzi
HON. GONZI, J CORAM: HON. KINYAKA, J ) CONSTITUTIONAL CASE NO. 000008590 OF 2026 FREDRICK MBOMA COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS THE ATTORNEY GENERAL RESPONDENT / DEFENDANT RULING MORRIS, J IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA DAR ES SALAAM SUB-REGISTRY AT DAR ES SALAAM (CORAM: MORRIS, J., GONZI, J. AND KINYAKA, J.) CONSTITUTIONAL CASE NO. 8590 OF 2025 IN THE MATTER OF THE CONSTITUTION OF THE UNITED REPUBLIC...
Background: In this suit, the Plaintiff claims against the Defendant a compensation for losses, damages, expenses and liabilities allegedly suffered as a result of the Defendant’s misrepresentation in the sale of the suit landed property which was allegedly sold with encumbrances. It was alleged by the Plaintiff that due to the Defendant’s actions, she was subjected to prolonged litigation, legal expenses, loss of rental income, damages, and...
Background: and Decree jointly and severally against the Defendants as follows:- a) A declaration that the takeover and assets transfer of YMB from the 1 st Defendant to the 2Defendant was unlawful ab initio. nd b) That the Honourable Court compel the 1 and 2 Defendants produce a stnd full verified report of YMB assets, liabilities and proceed of any asset sells (as YMB) was not liquidated. c) Special damages of TZS 6.18 billion being the...
Background: between the parties herein. It is made under Order 7(1)(2) of the Advocates Remuneration Order of 2015 (hereinafter referred to as the ‘ARO’). The application is brought by chamber summons, supported by the Applicant's affidavit, and seeks to set aside the ruling issued by the Taxing Officer (S.A. Mshasha, DR) on 28 January 2026. th The factual background to this application, as gathered from the record, is straightforward and brief....
Background: SIMFUKWE, J 06/07/2026 & 31/07/2026 SIMFUKWE, J. In this ruling the court has been called upon to determine two preliminary objections which are: i. The suit is incompetent for the reason that the plaintiff has sued non- existing person in law. ii. The suit is incompetent in law for non-joinder of necessary party as the same involves the registered land. Page. 1 During the hearing, the plaintiff was represented by Mr. Peter Kibatala,...
debtors' property on plot no. 122 Mikocheni Service Trade Area, Dar es Salaam, comprised in C.T. No. 47632, is unlawful because the value of the attached property, as shown in a valuation report approved by the Chief Government Valuer, stands at TZS 6,200,000,000/=. In contrast, the decretal amount awarded by the Court of Appeal is only TZS 200,000,000/= together with interest at 7% per annum. According to counsel, the property is worth many...
Background: MANGO, J The Appellant petitioned for divorce and division of matrimonial properties against the Respondent via Matrimonial Case No. 12 of 2023 before the Primary Court of Urambo District at Urambo urban. The trial Court issued a divorce decree and divided equally all properties that were established to form part of matrimonial properties between the appellant and the Respondent except the house that was constructed at the...
Background: Civil Reference No. 12957 of 2025 plus costs of prosecuting this bill of costs. The Applicant is represented by Advocate Charles Leonard while the Respondent enjoys the service od Advocate Irene Mollel. Both Advocates conceded to dispose this bill of costs by way of written submissions. The Counsel for the Applicant in item 1 of the bill, claims for consultation fees toa tune of Tshs.100,000/=. That, the Applicant was not aware as to...
ROSEMARY BEGA WILLIAM, ROSEMARY BEGA WILLIAM (Guardian of ANASTAZIA MUYANGO JACOB), ROSEMARY BEGA WILLIAM (Guardian of NGAGILE SYMPHROZA JACOB vs MBONEKA RAPHAEL MUNYAGA, MASUBI JACOB MUNYAGA, AFISA RAJABU, MAARIFA JACOB...
Background: and decree of the High Court of Tanzania, Mwanza Sub-Registry, in Land Appeal No. 6756 of 2024, dated 27 March 2025. In her ruling delivered on 29 July 2025, the Taxing thth Officer dismissed the application with leave to re-file. Aggrieved by that decision, and contending that the proper order ought to have been one striking out the application with leave to re-file in accordance with the law, the applicant has preferred the present...
: 30/7/2026 B. E. K. Mganga, J. On 27 October 2025, Helvetas Swiss Intercooperation, the above-named plaintiff, filed this th suit against Tanzania Teachers’ Union, the above-named defendant, claiming to be paid Four Hundred and Thirty Million Tanzanian Shillings (430,000,000/=) only, being the unpaid amount arising from a commitment agreement to collaborate in financing the inclusive school-based in-service teacher training project they entered...
Background: and Decree against the Defendants jointly and severally on the following orders: (a)A declaration that the Plaintiff is the lawful of owner of land located at Kiharaka - Mapinga, Bagamoyo Urban area measuring seven thousand eight hundred Page. 1 and eighty six (7,886) square metres now known as Plot No. 2, Block ‘L’ Kiharaka in Bagamoyo District registered under Certificate of Title No. 134451 in the name of the 1 Defendant. st (b)An...
Background: , I realised it has one respondent while at the trial tribunal there were two respondents. It seems one Giboda Gisagang has no interest in the appeal. He did not appeal together or independent of the appellant. It is settled that an appeal must involve all those who were parties at the trial court. It is because such a party is entitled to a hearing even when he/she has no interest in the appeal. When I called the parties to address...
Background: HEMED, J At the District Land and Housing Tribunal for Ubungo, the appellant herein, Benedict Marus Sichalwe was the applicant. He is the one who instituted Land Application No. 47 of 2024 against the herein respondent Henry R. Ishengoma, claiming the right of way to his piece of land of 512 square meters located at Temboni Street, Kilima Cheupe, Msigani ward, Ubungo district. The appellant claimed that the respondent had blocked the...
Background: were a nullity for want of valid notice of intention of appeal.” The culmination of the above exposition of the law, I rule that this appeal is incompetent for impleading respondents who did not take part in the proceedings leading to the order of cancellation of the appellant’s name from the Land Register. Hence, the preliminary objection is sustained. The appeal is struck out with costs. Dated at KIGOMA this 4th of August 2026 . J....
Background: This is an appeal against the decision of the District Land and Housing Tribunal for Maswa at Maswa (the DLHT), wherein the DLHT dismissed the appellant’s suit (Land Application No. 69 of 2025) on the basis of a preliminary objection raised by the respondent. A brief background of the events leading to this appeal is that, the appellant (administrator of the estate of the late Guchiba Ngelendo) instituted Land Application No. 69 of...
Background: , the Applicant lodged the present Bill of Costs claiming a total of Tshs. 35,115,091/=, representing instruction fees, attendance fees and disbursements reasonably incurred in the conduct of the suit. Regarding Item No. 1, learned counsel submitted that the claim for Tshs. 33,695,091/= as instruction fees was properly assessed in accordance with Item 8 of the Ninth Schedule to the Advocates' Remuneration Order, Government Notice No....
Background: NKWABI, J 16 & 16/07/2026 The appellant was aggrieved by the decision of the district court of Kasulu that confirmed the lower court’s decision in favour of the respondent for payment of Tshs. 15,596,000/= as special damages. The respondent as plaintiff in the trial court, had alleged that the appellant who is the land lady on whose plot the respondent had built a wooden hut and installed milling machines on certain terms, as a...
Background: , the Court noted a point of law which, in its view, went to the competence of both the proceedings before the District Court and the present appeal. For that reason, I find it unnecessary to set out the parties' submissions and arguments on the merits, as the issue identified by the Court is sufficient to dispose of the entire appeal. The record revealed that the District Court had revoked the appointment of the appellant as the...
of the District Court of Arusha in Matrimonial Cause No. 5975 of 2025, delivered on 24th November 2025. The appellant and the respondent are husband and wife. They contracted a Christian marriage on 13th December 1997. Their marriage was blessed with two children, namely Roy Raymond Degera, born in 1999, and Romeo Raymond Degera, born in 2004. On 17th March 2025, the appellant petitioned the trial court for a decree of divorce. He alleged that...
Background: Civil Procedure Code, Cap. 33, R.E 2023. According t Mr. Lubunda, the plaint did not state the value of the subject matter, that is, the land in dispute. It only indicated that the plaintiff was claiming for damages. It was Mr. Lubunda’s further contention that the plaint did not describe the subject matter in terms of size, location and boundaries. Such omission according to Mr. Lubunda directly offended Order VII Rule 3 of the CPC....
10 June & 22 July, 2026 thnd NONGWA, J. Following the demise of the late Solomon Mkalimoto Mbanga (the late Mbanga) on the 13 August, 2009, one Agustino Solomon Mbanga, who is th now deceased, petitioned for letters of administration of the estate of the late Mbanga. The said letters were granted to him on the 27 November, 2009, by th the Primary Court of Njombe District sitting at Njombe Urban, the trial court herein. However, going through the...
Background: SIMFUKWE, J 30/06/2026 & 22/07/2026 SIMFUKWE, J. The applicant is aggrieved by the ruling of this Court in Labour Execution No. 14044 of 2025. As a result, he has instituted the present application for review, seeking to challenge the ruling in which the Court awarded the respondent a sum of Tshs. 15,073,653.85 as a decretal sum awarded by the Commission for Mediation and Arbitration (CMA). The genesis of this application is rooted...
Background: between the electronic system and the physical text of a document, the document must prevail. It was contended that, because the face of the document shows Sinohydro invoking the court's jurisdiction to seek costs against itself, the moving party's foundational identity is distorted, rendering the error substantive and fatally defective. Conversely, the 3 Defendant (the real Decree Holder) contended that rd the error is a minor,...
Background: SINDA, J Before me is an application for revision in which the applicant seeks the intervention of this Court to examine the legality, regularity, and propriety of the proceedings and award rendered by the Commission for Mediation and Arbitration for Morogoro (CMA), in Labour Dispute No. CMA/MOR/74/2024, delivered on 7 October, 2025 in favour of the respondent. The applicant prays that this Court be pleased to revise and set aside...
Background: debtors, they neither appeared nor do they comply with the scheduled time table. The case was then fixed for ruling. It was ordered so, as it is now settled that, failure to filed written submission, is as good as none appearance on the date of hearing. See Godfrey Kimbe vs Ngonyani, National Insurance Corporation (T) Ltd & another Shengena Limited civil application No 20 of 2007, and Tanzania Breweries LTD Vs. Edson Dhobe & 19...
Background: SINDA, J The Applicants, Nathaniel Mirongo, Said Kiyuni and seventeen others, have invoked the revisionary jurisdiction of this Court under section 92 of the Employment and Labour Relations Act, Cap. 366 R.E. 2023 (the ELRA), seeking revision of the award rendered by the Commission for Mediation and Arbitration (the CMA) in Labour Dispute No. CMA/MOR/58/2022. The impugned award was handed down on 9 March 2026 whereby the Applicants'...
Background: MKWIZU, J The Plaintiffs instituted the present suit seeking recovery of TZS 27,190,700.00 from the Defendant, comprising TZS 25,090,000.00 in outstanding statutory social security contributions and TZS 2,100,700.00 in additional contributions (penalties) for late remittance. According to the Plaint, the Defendant was duly registered as a contributing employer with the 1st Plaintiff under Registration No. 773573, thereby Page. 1...
Background: Civil Procedure Code Act, Cap 33 RE 2023 iv) That the Plaint is defective for containing a defective verification clause. The objections were argued by written submissions. The 1st, 2nd, 3rd and 4th defendants were represented by learned State Attorney Boaz A. Msoffe. The plaintiff was represented by learned counsel Paul Stephano Hezron. The 5th defendant was represented by Salim Abubakar, learned counsel. Submitting on the first...
Background: MONGELLA, J 18 June & 04August, 2026. thth MONGELLA, J. This appeal originates from the decision of the District Land and Housing Tribunal for Moshi at Moshi, (the tribunal, hereinafter) before which the appellant sued the respondent in respect of a parcel of land situated at Ibukoni village, Kelemfua Mokala ward, Rombo district. The land measures approximately one and a half (1½) acres, bounded on the East by the land of Adolf...
Background: IN THE MATTER OF THE ESTATE OF THE LATE WILLIAM PRIVA TAIRO AND IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF ADMINISTRATION WITHOUT WILL OF ADMINISTRATION BY LISA WILLIAM TAIRO , EMERENSIANA MICHAEL KAWISHE (AS NEXT FREIND OF GENEVIEVE WILLIAM PRIVA) (AS NEXT FRIEND OF GENEVIEVE WILLIAM PRIVA) RULING BARTHY, J The deceased, William Fiva Tairo, died intestate on 9 April 2025 at Mloganzila Hospital, as evidenced by the death...
Background: MUGETA, J The parties have filed a deed of settlement to finalise this case. That deed of settlement is adopted as decision of this court under Order XXIII rule 3 of the CIvil Procedure Code [Cap. 33 R.E 2023]. Consequently, it is ordered that the dispute plot is a property of the plaintiff. The 3rd defendant to surrender the title deed for Plot No. 82 Block A, Kariako Area within Tabora Municipality with L.O No. 899766 to the 1st...
Background: . She further asserted to have spent much time and effort in travelling from Ifakara to Morogoro, had to stay for two days in Morogoro for each Court Session and she had to travel one day prior to the date scheduled for a case. She pegged her argument to Item 3 (a) under the Eighth Schedule to the Advocates Remuneration Order, GN. No. 263 of 2015 which allows attendance fee for TShs. 50,000/= per 15 minutes appearance before the...
Background: MISCELLANEOUS LABOUR APPLICATION NO. 000012557 OF 2026 ALEX JORAM LWABWINA COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS CONTINENTAL RELIABLE CLEARING (T) COMPANY LIMITED RESPONDENT / DEFENDANT RULING KILEKAMAJENGA, J The applicant is before this court seeking an extension of time to challenge the award of the Commission for Mediation and Arbitration delivered in Labour Dispute No. CMA/DSM/TEM/286/2025. The applicant has...
Background: MWASEBA, J 23June & 28 July, 2026 rd th This is a second appeal arising from the decision of the District Court of Karatu (the first appellate court), in PC Probate Appeal No. 2374 of 2025. The matter traces its roots from a probate dispute concerning a house situated at Sabato, Karatu Township, which was claimed to form part of the estate of the late Anna Niima Akonaay. The record reveals that the appellant was appointed...
Background: MISCELLANEOUS LABOUR APPLICATION NO. 000005447 OF 2026 MARTIN MOTIBA MWITA COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS THE CHIEF SECRETARY RESPONDENT / DEFENDANT TANZANIA RAILWAYS CORPORATION RESPONDENT / DEFENDANT THE ATTORNEY GENERAL RESPONDENT / DEFENDANT RULING KILEKAMAJENGA, J The applicant was employed by the first respondent as a senior locomotive driver whose employment was terminated on the grounds of negligence....
Background: MISCELLANEOUS LAND APPLICATION NO. 000012896 OF 2026 EMMILIANA JOHNSEN MAHURURU AND LOUIS JOHNSEN MAHURURU (INFANTS APPEARING BY THEIR NEXT FRIEND, JOHNSEN LEONARD MAHURURU (THEIR BIOLOGICAL FATHER) COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS THE REGISTRAR OF TITLES RESPONDENT / DEFENDANT RULING LALTAIKA, J The Applicant herein has filed in this Application for extension of time within which to file Notice of Appeal...
Background: Debtor claimed from the Decree Holder special damages amounting to TZS 2,500,000,000/= as compensation for six parcels of land situated at Katumaini Area, Nyamalambo Street, Mtakuja Ward, within Geita Municipality, together with general damages in the sum of TZS 150,000,000/=. The Decree Holder seeks to be awarded a total sum of TZS 35,843,000/=, together with the costs of this Bill of Costs, in accordance with the provisions of the...
and Decree to be entered against the defendant as follows: - a. Payment of USD 299,000, equivalent to Tshs. 762,450,000/= being refund payment paid by the Plaintiff to the Defendant for purchase of two apartment units No. 1105 and 1106, 11 Floor, located on Plot No. 712, Title No. 121548 th along Mfaume Street, Upanga Area in Dar es salaam (the property). b. Payment of general damages in excess of Tshs. 500,000,000/= to be assessed by this Hon....
Background: , Ruling or Order can be requested orally. She insisted that the Applicant was honest from the beginning, with all intention to prosecute the matter, thus, she prayed the Application be granted Having considered the parties’ submissions in support as well as opposition of the Application, the main issue left for my determination is whether the Applicant has managed to advance sufficient cause to warrant this court to extend time for...
Background: RWIZILE, J Consent Judgement: Since parties have agreed and filed a settlement deed. This court enters a consent judgement in terms of the deed of settlement under order XXIII Rule 3 of the CPC. Dated at KIGOMA this 4th of August 2026 . Page. 1 A. K RWIZILE JUDGE OF THE HIGH COURT...
: 31.07.2026 This appeal originates from the decision of the Mbalizi Primary Court in Mbeya District (hereinafter referred to as "the Trial Court"), where in Agness Tanson Mbizi, the respondent, filed an application seeking appointment as the administratrix of the estate of the late Edward Sudi Mpunga. Before the hearing of the application, Edwin Edward Sudi, Christina Ambrose Maganga, Vaileth Lamson Mwalingo, Nesi Edward Sudi, the appellants,...
Background: MISCELLANEOUS CAUSE NO. 000010031 OF 2026 SHANTA MINING COMPANY LIMITED COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS GL JOSUE AND JB JOEL LIMITED RESPONDENT / DEFENDANT RULING KADILU, J IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA [COMMERCIAL DIVISION] AT DAR ES SALAAM MISC. COMMERCIAL CAUSE NO. 10031 OF 2026 IN THE MATTER OF THE ARBITRATION ???, [CAP. 15 OF 2023] AND IN THE MATTER OF ARBITRATION (RULES OF...
HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (COMMERCIAL DIVISION) AT DAR ES SALAAM
Hon. Mwajuma Kadilu
until full payment; (vi) General damages in the sum of Tanzanian Shillings Forty Million (Tshs. 50,000,000/=); (vii) Costs of this suit; and (viii) Any other relief this Honourable Court may deem fit to...
Background: MKWIZU, J This is a first appeal arising from a matrimonial dispute between the parties. The respondent, Emmy Spector Mwakalosi petitioned for A dissolution of an alleged Christian marriage celebrated on 9 May 2015 at KKKT Kilimahewa Church, Kibaha, on the ground that it had irretrievably broken down. She also sought a decree of divorce, division of matrimonial property, and other consequential reliefs. In support of the petition,...
Hon. Fadhili Mbelwa, Hon. Projestus Kahyoza, Hon. Victoria Nongwa
Background: for the plaintiff. Whereas the test to be applied at the close of the defendant’s case is what ought a reasonable court to do? The one to be applied in determining the validity or otherwise of a submission of no case to answer is what might a reasonable court do? ” (Msisitizo umeongezwa). Kwa mujibu wa kesi hiyo, wasilisho la kutokuwepo kwa kesi ya kujibu kwenye shauri la madai haliwezi kukubaliwa kama kuna ushahidi wa kutosha Page....
Hon. Ferdinand Kiwonde, Hon. Amiri Mruma, Hon. Amiri Mruma, Hon. Said Mkasiwa
Background: Civil Application No. 4633/2026, where Mruma, J held inter alia that:- “The test for determining poverty in applications of this nature must be assessed in relation to the applicant's ability to pay court fees without undue hardship. There is also need for full disclosure of the applicant's financial position.” [Emphasize supplied] The disclosure of financial position as a pre-requisite of granting application of this nature has also...
debtor was represented by Mr. Scarius Bukagire, Advocate. This court ordered the matter to be argued by way of written submission where both parties complied with the scheduling order. The Decree Holder claimed a bill of costs for instruction fee of 1,000,000/= where I will tax it for Tshs. 1,000,000/= as prayed. This is prescribed under Item 2 (l) of the Eleventh Schedule to the Advocates Remuneration Order, 2015. The amount awarded is set out...
Background: MKWIZU, J T The parties to this appeal cohabited as husband and wife in 2023, during which they had one child. In 2025, the Respondent instituted a matrimonial cause seeking divorce, division of matrimonial assets, and custody of the child on grounds of cruelty, adultery, and rejection by the Appellant’s parents. The trial court found that no valid marriage existed between the parties and declined to grant divorce, but proceeded to...
Background: MAHIMBALI, J This is an appeal arising from the decision of the District Court of Karatu in PC Probate Appeal No. 32563 of 2025, delivered on 10th March, 2026, whereby the learned District Magistrate nullified the decision of the Karatu Urban Primary Court in Probate and Administration Cause No. 51 of 2022 relating to the estate of the late Daniel Qamunga, delivered on 8th December, 2025. The learned District Magistrate arrived at...
and Decree of the District Land and Housing Tribunal for Monduli (hereinafter referred to as "the Tribunal") delivered on 16th September 2025 in Land Application No. 19 of 2021. By its judgment, the Tribunal declared the late Loserian Nairowa Mokolo, the respondent in the original proceedings, to be the lawful owner of the disputed parcel of land measuring approximately 14.0 metres on the northern boundary, 13.10 metres on the southern boundary,...
. He further claimed that the applicant was not notified on the date of judgment which is contrary to the rules of procedure. Supporting his stance, he cited the case of Cosmas Construction Co. Ltd vs Arrow-Garments Ltd, [1992] T.L.R 127. Mr. Kasale submitted also that at the trial Tribunal there is a witness who is identified as Shahidi Na.2 whose testimony features on the proceedings however, he did not enter an appearance rather the trial...
Background: MISCELLANEOUS CIVIL CAUSE NO. 000018489 OF 2025 EXPERY PAUL MOSHY COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS THE COMMISSIONER GENERAL OF TANZANIA IMMIGRATION SERVICES DEPARTMENT RESPONDENT / DEFENDANT THE PERMANENT SECRETARY, MINISTRY OF HOME AFFAIRS RESPONDENT / DEFENDANT THE POLICE FORCE, PRISON, FIRE AND RESCUE FORCE AND IMMIGRATION DEPARTMENT COMMISSION RESPONDENT / DEFENDANT THE ATTORNEY GENERAL RESPONDENT /...
Background: KAMUZORA, J 5 May & 21 July 2026 thst The appellant instituted proceedings against the respondent in the Primary Court of Babati (hereinafter referred to as "the trial court"), seeking a refund of TZS 1,800,000/=, being the purchase price allegedly paid to the respondent for a refrigerator which was subsequently found to be defective, together with compensation for the loss allegedly suffered as a result of being unable to use the...
This suit was instituted by the Plaintiff, Tina Ndirishi Mollel, seeking declaratory reliefs and orders against the Defendants regarding a parcel of land located at Ilkiroa Area, Lemara Ward, Arusha District, originally acquired by the Plaintiff from her mother, Ketiano Rivishan Mollel, in 1994. The Plaintiff alleged that after exercising exclusive and uninterrupted possession over the subject land for over twenty-three years and developing...
Background: ) iliyotolewa na Baraza hilo katika Maombi ya Ardhi Na. 63 ya Mwaka 2023. Awali, Mjibu Rufaa alifungua shauri la Ardhi Na. 63 la Mwaka 2023 katika Baraza la Ardhi na Nyumba la Wilaya ya Kasulu dhidi ya Mrufani. Mrufani ambaye alikuwa ni Mjibu Maombi katika shauri hilo hakufika mahakamani wala kuwasilisha utetezi wake. Page. 1 Kwa sababu hiyo, Baraza liliendelea na usikilizwaji wa shauri hilo kwa upande mmoja na kutoa hukumu. Baada ya...
Background: Miscellaneous Land Application No. 22316 of 2025 (the Application). It was filed by Professor Cyriacus Stanslaus Binamungu on behalf his clients Abdulhakim Omary and 2 Others herein to be referred to as the Applicants. It was against Hadija Ramadhani Said and 55 Others herein to be referred to as the Respondents. A total of TShs. 3,340,000/= was charged regarding Items A and B excluding part C whose costs are left for consideration...
Background: was entered in favour of the Applicant with costs. Pursuant to that order, the Applicant lodged the present Bill of Costs claiming a total sum of TZS 50,950,000/=, exclusive of the costs for attending taxation, which were left blank in accordance with Rule 55(3) of the Advocates Remuneration Order, 2015. Page. 3 The Respondents, though duly served, neither appeared nor filed written submissions. Consequently, the Court directed that...
Background: MANGO, J The Respondent instituted Land Application No.7 of 2025 before the District Land and Housing Tribunal for Kilwa District, contesting ownership of a piece of land estimated to be 8 acres in size located at Hongwe village , Chumo Division within Kilwa District in Lindi Region. He described the land by mentioning its boundaries which are Issa Mawau on the Northern side, Abdallah Gomba Southern side, Vumilia Ngingama, the...
Hon. Edwin Kakolaki, Hon. Katarina Revocati Mteule
Background: delivered on 16 January 2026, dismissed the Applicant’s claim with costs. The Tribunal held th that the Applicant had failed to establish ownership of the disputed property. Instead, it found that the disputed plot formed part of the estate of the late Fatuma Ally Poti and consequently declared that the first Respondent, being the duly appointed administrator of the deceased’s estate, was entitled to administer the property on behalf...
Background: of the first appellate court was delivered on 8th October, 2025. The appellant's petition of appeal raises four grounds, essentially challenging the decision of the courts below to revoke or interfere with the appellant's administration of the estate of the late Tsafu Baran Akonay and the order for costs made against him as reproduced here under; Page. 1 1. That, the Primary Court and the 1st Appellate Court erred in law and fact in...
Background: IN THE MATTER OF THE ESTATE OF THE LATE SALOME NAKARA (DECEASED) AND IN THE MATTER OF AN APPLICATION FOR GRANT IN RESPECT OF UNADMINISTERED ASSETS OF ADMINISTRATION BY PRISCILLA MAKAME RULING CHABA, J The Petitioner, Priscilla Makame, has petitioned this Court for the grant of Letters of Administration in respect of that part of the estate of the late Salome Nakara which remains unadministered. The Petition is brought under section...
Background: and Decree against the defendant. The defendant have filed his written statement of defence and denied the plaintiffs’ allegations. Along with the written statement of defence, the defendant also raised preliminary objections on the points of law that:- 1. The suit is incompetent for being violative of Order VII Rule 3 of the Civil Procedure Code, Cap 33 R.E 2023 for want of sufficient details to identify the disputed property. 2....
Background: Civil Application No. 6087 of 2026. Both sides were ordered to dispose this application by way of written submissions. The Counsel for the applicant Mr Messrs. John Seka of Seka & Associates Advocates started by inviting this Court to adopt as part of submissions the written Remuneration Agreement entered into between him and his client. According to him, the agreement was executed pursuant to section 63 of the Advocates Act,...
Background: CIVIL REFERENCE NO. 000013956 OF 2026 ALHUSSEIN DHANANI COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS JOSEPH EDWARD SOKOINE RESPONDENT / DEFENDANT RULING MSAFIRI, J This is a ruling in respect of the application filed by the hereinabove applicant. The applicant is dissatisfied by the decision of Hon. Lukindo, Taxing Officer, in Taxation Cause No. 15329/2025. The applicant is moving the court to invoke its powers by...
Background: MANYANDA, J The appellants in their joint memorandum of appeal have one concern against a decision of the District Land and Housing Tribunal (DLHT) for Rukwa at Sumbawanga dated 26/05/2025 that it erred in law and fact in evaluating the evidence on ownership of the disputed land which was adduced by the parties hence reached at a wrong decision. They are inviting this Court to allow the appeal, quash the proceedings and the decision...
Background: MATUMA, J Through probate Cause No. 77 of 2023, the appellants were appointed co- administrators of the estate of the late Mbarak Salim Mbarak. The 1 appellant st is one of the widows of the deceased and the 2 appellant is the son of the nd deceased. Later, the respondent who is a grandson of the first Appellant and the late Mbarak Salim Mbarak applied for the appellants’ revocation of their letters of administration on several...
or ruling. There is no mandatory requirement that the aggrieved person to obtained first a copy judgment, ruling or an order in order to file notice of appeal to the Court of Appeal. The learned counsel for the respondent distinguished the refereed cases of Tanga Cement Company (supra), Attorney General v. The registered Trustees of Tanzania Assemblies of God, (supra) and Ramadhani v. Republic, (supra) from the case at hand. I have considered...
Background: The applicant herein filed an application for revocation of letters of administration granted to the Respondent in 2019 in respect of the estate of the late Mohamed Rubeya. The Applicant seeks revocation on the ground that the respondent failed to provide inventory and accounts of the estate as required by law, and further prays to be appointed administrator of the estate. Page. 1 In reply to the application, the respondent raised a...
Background: MISCELLANEOUS CIVIL CAUSE NO. 000031017 OF 2025 BYEONGKWEN KIM COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS HOUJENG PARK RESPONDENT / DEFENDANT JAECHEOL KIM RESPONDENT / DEFENDANT HUSENI ABDALA KIYAUKA RESPONDENT / DEFENDANT EPL MINING COMPANY LIMITED RESPONDENT / DEFENDANT STONE FLOWER MINING COMPANY LIMITED RESPONDENT / DEFENDANT RULING MBAGWA, J This is an application for leave to institute a derivative action for breach...
Background: IN THE MATTER OF THE ESTATE OF THE LATE DIVENS BETRI SANGA AND IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF ADMINISTRATION WITHOUT WILL OF ADMINISTRATION BY ELIUDI BETRI SANGA RULING BARTHY, J This is a petition for Letters of Administration in respect of the estate of the late Divens Betri Sanga, who died intestate on 3 October 2019. The court was informed that the deceased was a resident of Ubungo Kibo and professed...
Background: Miscellaneous Land Application No. 28674 of 2025, in which the Applicant was awarded costs by this Court. Following that order, the Applicant lodged the present Bill of Costs claiming a total sum of TZS 1,160,000/=, exclusive of the costs for attending taxation, which were intentionally left blank in accordance with Rule 55(3) of the Advocates (Remuneration) Order, G.N. No. 263 of 2015. The record shows that despite being afforded...
Background: Civil Appeal 7 of 2018) [2022] TZCA 829 (21 December 2022) it was stated that: “In other words, by a deed of power of attorney, an agent is formally appointed to do all acts and deeds specified therein, on behalf of the principal, which when executed will be binding on the principal as if done by him.” In light of the above principle, certain disputes may be filed in court under a power of attorney, in which the donee may be...
Background: KISANYA, J The present appeal traces its origin to proceedings commenced in the Primary Court of Ilemela at Ilemela, where the respondent, Godwin Anaseli Maro, instituted a suit against Kiseke Training Institute of Health and Allied Sciences, Revocatus Richard and Noab Richard alleging breach of a lease agreement. In the suit, the respondent sought recovery of TZS 26,415,844, being outstanding rent, and further prayed for an order...
Background: or other material properly before the Court, the Taxing Officer must resort to the exercise of judicial discretion in fixing a reasonable fee. I have also taken into account that the proceedings were vigorously contested by the parties, that counsel prepared affidavits, written submissions and a rejoinder, and that the Applicant ultimately succeeded in protecting its interest. Nevertheless, the amount claimed is grossly...
Background: difficult to enforce. That the applicant has not shown which loss she can get when the 4th respondent continues building or erecting a house or enters the premises. That the applicant has not shown what loss she can get if the 4th respondent cut down the unspecified valuable trees. Mr Mluge submitted further that it is the respondent who is in position of suffering as she has already bought building materials which if not utilized...
Background: KILIMI, J Following the dissolution of the marriage between the parties herein by the Moshi Urban Primary Court (‘the trial court’), the appellant in Matrimonial Cause No. 7 of 2024 before the trial court sought an order for maintenance. The trial court dismissed the application on the ground that the claim was time barred while holding that the limitation period for filing a maintenance claim is six years under item 24 of the...
in favor of the respondent whose evidence was not proved on the balance of probabilities and thereby throwing over board the Page. 1 evidence of the appellant which was proved on the balance of probabilities. The parties unanimously agreed to argue the appeal by way of filing written...
debtors. Briefly Mr. Shilangila advocate prayed that the application to be granted and a certificate of payments to be issued to the Treasurer so that the sum of Tshs. 750,000/= is paid to the decree...
Background: Civil Procedure Code, Cap 33 R.E 2023 that; 9. A suit shall not be defeated by reason of the misjoinder or non-joinder of parties, and the court may in every suit deal with the matter in controversy so far as regards the right and interests of the parties actually before it. The law is clear that court has to deal with matters in controverse bearing in mind the rights and interest of parties who are in court, that means non joinder...
. Upon hearing it, this Court dismissed the appeal with costs in favour of the Respondent. The judgment thereof was delivered on 24th July, 2025. Following the dismissal of the appeal, the Respondent lodged a Bill of Costs before this Court as Taxation Cause No. 23798 of 2025. In the said Bill of Costs, the Respondent claimed instruction fees under the Ninth Schedule of the Remuneration Order on the basis that the appeal arose from proceedings...
Background: Civil Appeal No 2279/2026 between jacob Ndaje vs Ally Kulwa Mwainduchi ( Administrator of the estate if the late KULWA OMARY MWINDUCHI. The respondent in this application is Mr. Kagashe, learned advocate, The applicant in his application seeks to recover the sum of 1,140,000, as the costs for the case above named. The description are hereunder shown; instruction fees 1,000,000/= as the case was contested, attendance is 100,000/= for...
and decree of the trial tribunal be quashed and the matter be remitted to the Ward Tribunal for a fresh hearing before a differently constituted panel. On her part,...
could be delivered, learned counsel for the appellant, Mr. David Ouma, informed the Court that, upon a thorough perusal of the record, he had observed certain material anomalies affecting the legality of the proceedings. Consequently, he prayed that the Court first vacate its earlier order fixing the matter for judgment and thereafter grant leave to withdraw the appeal under the provisions of Order XXIII Rule 1(1) of the Civil Procedure Code,...
Background: Miscellaneous Land Application No. 26662 of 2025 in which this Court awarded costs in his favour. The Bill comprises professional charges and disbursements amounting to TZS 6,840,000/=, excluding the item relating to attendance at taxation whose amount was intentionally left blank as required by the Advocates Remuneration Order, 2015. The Applicant further prayed that the Respondents be ordered to pay only one-half of the amount...
Background: MWASEBA, J 17 and 22 July, 2026 thnd Stanbic Bank Tanzania Limited, the applicant herein, has moved this court by way of a chamber summons preferred under sections 91(1)(a) and (b), 91(2)(a) and (b), 91(4)(a) and (b), and 94(1)(b)(i) of the Employment and Labour Relations Act, Cap. 366 [R.E. 2019], read together with Rules 24(1), 24(2)(a-f), 24(3)(a-d) and 28(1)(a-e) of the Labour Court Rules, G.N. No. 106 of 2007, seeking revision...
Background: MSAFIRI, J The plaintiff hereinabove instituted the suit against the above named defendants. The plaintiff claims that he is a lawful owner of the suit property described as Plot No. 256, Bahari Beach Area within Kinondoni Municipal at Der es Salaam after purchasing it in April 2018, from Msafiri Hassan Mkumbe, the 1st defendant who was a heir and administrator of the estate of the late Hassan Mohamed Mkumba. The plaintiff claim...
Background: MANYANDA, J The background of this matter is very interesting. The appellant Amadeus Kipele acting as legal representative of the Late Bazili Ikanga Kipele successfully in Land Application No. 18 of 2024 of the District Land and Housing Tribunal for Rukwa at Namanyere, hereafter, “the trial tribunal” sued the respondent, “Benki ya NMB Tawi la Nkasi” which is a mere branch of the NMB Bank PLC. When it came to execution, he found...
: - “In the circumstances, and for the foregoing reasons, I find that the plaintiffs have failed to file witness statements of their witnesses contrary to the court’s order and contrary to the mandatory provisions of Order XVIII of the CPC. The plaintiffs have also failed to give sufficient reasons for the contravention of the court’s order and mandatory procedure set by the law hence the court could not exercise its discretion and extend the...
Background: MATUMA, J In the Primary Court of Mwanza Urban at Nyamagana, the appellant filed Probate Cause No.12/2023 seeking letters of administration of the estate of the late Saidi Shomari Mwanasali. She was appointed administratrix of the estate in question. While her administration on the estate was still pending, the Respondent lodged a complaint to the Resident Magistrate Incharge claiming that the appellant sought appointment as an...
Background: SINDA, J The appellant is dissatisfied with the decision of the District Land and Housing Tribunal of Kilombero at Ifakara (the Tribunal) in Land Application No. 36 of 2025, delivered on 9 September 2025. In that case the parties, were disputing over ownership of a piece of land measuring 3 ¼ acres located in Isago suburb, Mngeta Ward, Mlimba Council within Kilombero District in Morogoro region (the Disputed Land). The Respondent...
Background: KAMUZORA, J 11 June & 21 July 2026 thst The respondent instituted a petition before the Primary Court at Babati (hereinafter referred to as "the trial court") seeking a decree of divorce, division of matrimonial assets and maintenance for the children of the marriage. Briefly stated, the facts of the case are that the parties solemnised a Christian marriage on 17th November 1994, and the union was blessed with five children. Owing to...
Background: MISCELLANEOUS LABOUR APPLICATION NO. 000011977 OF 2026 JAMBO FOOD PRODUCTS COMPANY LIMITED COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS HASSAN ISSA SHIKILA RESPONDENT / DEFENDANT RULING ROBERT, J RULING 12/6/2026 & 10/7/2026 ROBERT, J. The Applicant, Jambo Food Products Company Limited, has moved this Court by way of Chamber Summons brought under sections 92(3) and 94(1)(e) of the Employment and Labour Relations Act, [Cap....
Background: Civil Reference No.4 of 2007, Court of Appeal of Tanzania at Dar es Salaam, Premchand Raichand Limited and Another v. Quarry Services of East Africa Limited and Others (1972) and VIP Engineering and Marketing Ltd v. Citibank Tanzania Limited, (Civil Application No.24 of 2019). Page. 2 Counsel maintains that preparing a thorough defence naturally unveils a preliminary point of law, and a premature disposal does not lessen the...
, general damages, interest at the Court rate from the date of judgment until payment in full, and costs of the suit. Specifically, the Plaintiff seeks the following reliefs: (a) A declaration that the 4th Defendant has breached the agreement by failure to discharge his obligation in accordance with the said agreement; (b) That this Honourable Court be pleased to grant and order the Defendants to pay the Plaintiff a liquidated amount of TZS...
Background: KAMUZORA, J 10 June & 23 July 2026 thrd The respondent instituted proceedings before the District Land and Housing Tribunal for Mbulu (hereinafter referred to as “the trial tribunal”) against the appellant, seeking recovery of a piece of land measuring 3.21 acres, situated at Sangaryan Hamlet, Bargish Antsi Village, within Mbulu Township (hereinafter referred to as “the suit land”). The respondent alleged that he purchased the suit...
Background: for the Civil Case No. 31 of 2021 delivered by the Resident Magistrate's Court at Arusha. Annexure LA-2 is a copy of the order dismissing the execution application in Civil Case No. 31 of 2021 issued by the same court. Annexure LA-3 is a copy of the ruling of this Court granting the applicant leave to extend time within which to file the present application. During the hearing, the Applicant appeared in person and adopted the...
debtor was represented by Mr. Ali Chamani, Advocate. This court ordered the matter to be argued by way of written submission where both parties complied with the scheduling order. The Decree Holder claimed a bill of costs for instruction fee of 1,200,000/= where I will tax it for Tshs. 1,000,000/=. This is prescribed under Item 2 (m) (ii) of the Eleventh Schedule to the Advocates Remuneration Order, 2015. The amount awarded is set out on the...
Background: ISAYA, J This appeal arises from the decision of the Mpanda Urban Primary Court in Matrimonial Cause No. 59 of 2025. In that case, the Respondent herein successfully petitioned the trial court for orders of divorce and division of matrimonial property. After a full trial, the trial court (Hon. K.S. Mtunguja - RM) on 09/03/2026 was satisfied that the marriage between the parties had broken down beyond repair, and consequently granted...
Background: RWIZILE, J Mrufani anapinga uamuzi wa Baraza la Ardhi na Nyumba la Wilaya ya Kasulu katika Shauri la Ardhi Namba 156 la Mwaka 2024. Katika shauri hilo, Mrufani alipeleka maombi dhidi ya Mjibu Rufaa akidai umiliki wa ardhi yenye ukubwa wa ekari tatu (3) iliyopo Kitongoji cha Kigoma, Kijiji cha Nyange, Kata ya Kurugongo, Wilayani Kasulu. Baada ya kusikiliza maombi hayo, Baraza la Ardhi na Nyumba la Wilaya lilitoa uamuzi wa kutupilia...
Background: miscellaneous transport ( as itemised under items 12 and 13 of the bill of cost) are concerned, since there is no document to prove the amount incurred, the amount so claimed is taxed off. About the instruction fee for representing the applicant in this taxation, I have carefully gone through the eleventh schedule under item "m"(i) of the Advocate Remuneration Order, 2015, which provides the sum of Tshs. 500,000/= for an unopposed...
delivered on 22 July 2020, declared that the suit land formed part of the nd estate of the late Lunogelo Lyandala; thus, the applicant was declared to be a trespasser on the suit land and ordered to vacate...
Lewis Makame, Yona Mwakasendo, Francis Lucas Nyalali
Dismissed
The two appellants were convicted by the High Court of the murder of a girl who was found dead with signs of being raped and brutally manhandled. The High Court convicted the first appellant on the evidence of a caution statement he made to the police in 1979 after his arrest implicating himself and the second appellant, corroborated by other pieces of evidence — a visit he made to the deceased's home before her disappearance, a blood-stained...
in a previous criminal proceeding is relevant where it declares any person to be guilty of a criminal offence, but where there is an acquittal the judgment in a criminal proceeding is not, in a civil suit, evidence of innocence. Appeal dismissed. Cases referred to: (i) Hicks v. Faulkner [1878] 1 Q.B.D. 167 (2) Osman v. Hill [1954)2 T.L.R. (R) 180 (3) Hollington v. Hewthorne Co. Ltd. [1943]2 All E.R. 35 (4) Ramadhar v. Janki, A.I.R. 1956 Pat. 49...
Background: Debtor further disputes Items No. 2, 4, 5, 6, 7, and 8. as the transport costs claimed in the Bill of Costs are not accurate. The Applicant attended court only twice (on 20th August 2025 and 29th September 2025), while the Advocate appeared before this Court three times (on 20/08/2025, 29/09/2025, and 03/09/2025). The cost of travelling from town to the High Court and back cannot reasonably amount to TShs. 500,000/=. on Item No. 4 is...
Background: KIREKIANO, J The Plaintiff instituted the present suit against the Defendant seeking, inter alia, a declaration that the Defendant breached the contracts for the manufacture and installation of two new 35,000-litre above-ground diesel dispensing tanks. The Plaintiff further claims special damages in the sum of USD 80,017 and TZS 2,550,000/=, general damages of USD 20,000, costs of the suit, and any other relief that this Court may...
Background: In this suit, the 2 defendant has filed a notice of preliminary objection nd on points of law, contending, inter alia, that this Court lacks jurisdiction to entertain the matter; that the suit is misconceived and constitutes an abuse of the process of the Court; that the suit is barred by the doctrine of constructive res judicata; and that the plaintiff has disclosed no cause of action against the 2 defendant. On the basis of the...
Background: The appellant, Bahame Kipilingitya, is appealing against the decision of the District Land and Housing Tribunal for Busega (the DLHT) in Land Application No. 22 of 2024 delivered on 25.11.2025 and in which the DLHT declared the respondent to be the lawful owner of a piece of land (the suit land) measuring 280*280 located within Giniga village, Malili Ward, Busega District-Simiyu Region. A brief background of the events leading to...
Background: The appellant, Maduhu Sindano, is appealing against the decision of the District Land and Housing Tribunal for Maswa at Maswa (the DLHT), in Land Application No. 47 of 2025 delivered on 20.11.2025 in which the DLHT dismissed the appellant’s claim to a 22 acres piece of land (the suit land) located within Musoma village, Sakayi hamlet, Itilima District, Simiyu Region. A brief background of the events leading to the present appeal is...
Background: and carries no legal force. It is the position of law as it was observed in the case William Kasian Nchimbi (Legal Personal Representative of Kasian Kizito Nchimbi Deceased) and Others vs Abas Mfaume Sekapala and Others (Civil reference No. 2 of 2015) [2019] TZCA 795 at page 11 to 12 that illegality cannot be used as a shield to hide against in-action on the part of the applicant. Therefore, irrespective of the nature of the grounds...
Background: Civil Reference No. 13065 of 2025, which was instituted against the decision of the Tax Master in Taxation Cause No. 29889 of 2024. Upon hearing the applicant and the respondent, this Court dismissed the Civil Reference with costs for being devoid of merit. Following the dismissal order, the applicant herein lodged the Bill of Costs seeking reimbursement of TZS 3,840,000/? incurred in successfully defending Civil Reference No. 13065...
Debtor, while conceding that the matter was opposed, argues that the reference was disposed of at a preliminary stage and that the amount claimed is therefore excessive. I have considered the rival...
Background: RWIZILE, J This judgement is a result of the Court of Appeal directive, made on 28th April 2026, in Civil Appeal No. 16 of 2024. (Hamisi Maganga vs. Emmanuel Joasi Gwisembeza, t/a Kitema Oil Investment), where upon quashing the judgement and decree of this court, directed a new judgement be crafted, determining inter alia the standing of “Emmanuel Joasi Gwisembeza t/a Kitema Oil Investment” and, Emmanuel Joasi Gwisembeza t/a Kitema...
Background: MRISHA, J This application is by way of chamber summons supported by affidavit under section 89(1) (a) and 105 Civil Procedure Code [Cap 33 R.E. 2023]. The application is seeking from this court for the following order:- (a) That this Honourable Court to call for and inspect the records of Momba District Court and upon satisfaction that it has exercised jurisdiction not vested in it by law, revise the proceedings thereto (b) Any...
Background: BADE, J Page. 1 Juni 15, 2026 & Julai 24, 2026 Hukumu hii inatokana na shauri la ardhi linalohusu umiliki wa eneo lisilopimwa lenye ukubwa wa takribani ekari mbili lililopo Vikongoro, Chanika, Wilaya ya Ilala, Mkoa wa Dar es Salaam. Kwa mujibu wa hati ya madai, Mdai anadai kuwa mnamo tarehe 1 Juni 2001 alinunua eneo hilo kutoka kwa Shabani Mbogo kwa gharama ya shilingi TZS 2,800,000. Eneo hilo lilielezwa kuwa na mipaka ifuatayo;...
Background: KAHYOZA, J The appellant, Kulwa Mashilimu Mbogo, has preferred this appeal challenging the decision of the Kahama District Land and Housing Tribunal (the Tribunal), which was rendered in favour of the respondent. Briefly stated, the respondent instituted proceedings before the Tribunal against the appellant arising out of a contract executed on 20 February 2023, th whereby the parties agreed to exchange their respective houses. Under...
Background: IN THE MATTER OF THE ESTATE OF THE LATE GREGORY KIDUA MALLONGA AND IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF ADMINISTRATION WITH WILL ANNEXED OF ADMINISTRATION BY ISAAC GREGORY MALLONGA RULING BARTHY, J This is a petition for probate in respect of the estate of the late Gregory Kidua Mallonga, who died on 2 April 2026 at Muhimbili National Hospital. The deceased was a resident of Dar es salaam. The evidence before the...
Background: POMO, J Before the District Land and Housing Tribunal for Mbeya at Mbeya (the trial tribunal), vide Land Application No. 90 of 2024, the appellant, LIDIA TIMOTH MWAKYAGI, unsuccessfully sued the respondents over a piece of land which she alleged to have used for agricultural activities from 2010 to 2023. Her complaint was that the respondents trespassed into that land. The respondents disputed the claim and the 1st respondent...
Background: MPAZE, J This is an application for revision arising from the decision of the Commission for Mediation and Arbitration (CMA) at Tabora in Labour Dispute No. CMA/TBR/TBR/URAMBO/44/2024/14, delivered on 12 September, 2025. th The dispute originated from a complaint lodged by the respondent before the CMA through CMA Form No. 1. In the said Form, the respondent indicated that the nature of the dispute was termination of employment. In...
in favour of the Respondent after finding that the suit land had been jointly acquired by the parties. Being so dissatisfied, the Appellant lodged the present appeal founded upon five grounds as reproduced hereunder: 1. That the Trial Chairperson erred both in law and fact in entertaining and determining the dispute without joining the seller of the disputed land as a necessary party 2. That the Trial chairperson erred both in law and fact in...
Background: MPAZE, J This is an appeal arising from the decision of the District Land and Housing Tribunal for Tabora (the DLHT) in Land Application No. 06 of 2023. Before the trial DLHT, the respondent herein, Mahahila Magereza, instituted an application against the appellants claiming ownership over a disputed piece of land situated at Itulu Village, Ndevelwa Ward, Tabora Municipal Council. Page. 1 The respondent’s claim before the DLHT was...
, decree and orders as against the Defendant as follows: (1). That the Defendant to be ordered to pay the sum of TZS. 227,076,503.23 /= (Says Tanzanian Shillings Two Hundred and Twenty-Seven Million Seventy-Six Thousand Five Hundred and Three and Cents Twenty-Three Only.) being un-remitted members’ contributions plus accumulated penalties thereon due and payable to the Plaintiff by the Defendant; (2). Interest on decretal sum at the prescribed...
of the court. Where the amount sought to be executed exceeds the decretal sum, the execution becomes irregular and unlawful. Execution proceedings must therefore be accurate and faithful to the decree. Regarding the argument that execution application based on the wrong provisions of law, the Respondent moved the Court under Order XXI Rules 9 and 11, which primarily deal with general applications for execution. However, garnishee proceedings are...
Background: BAHATI, J The appellant instituted a suit against the respondent insurance company seeking, among other reliefs, a declaration that the respondent had breached the insurance contract by failing to repair or compensate her for motor vehicle registration No. T.505 EBL, a Land Rover Range Rover Evoque, which was insured under a comprehensive insurance policy. The appellant alleged that on 18th April 2023 at about 22:30 hours, the...
Background: Debtor's contention that the filing of a Notice of Appeal deprives the Taxing officer of jurisdiction to entertain the present Bill of Costs. As well submitted by legal counsel of applicant, here is no law that categorically bar taxation proceedings to be entertained whenever there is a notice of appeal. Together with the cited case of Hon. Agatho, J as he then was in the case of Exim Bank (T) Ltd vs M & Five B Hotel & Tours Ltd...
finally resolved all disputes existing between the parties prior to November 2025. It was therefore argued that the present proceedings amount to an attempt to re-open matters already settled and are consequently vexatious and abusive. The Plaintiff disputed that contention. It was submitted that the present suit concerns fresh and continuing acts of infringement allegedly committed from Page. 9 January 2023 onwards, which were neither...
Background: MPAZE, J At the District Land and Housing Tribunal for Tabora at Tabora (hereinafter referred to as ‘the Tribunal’), the respondent, Jumanne Mpomongo Myenga, instituted Land Application No. 100 of 2022 against the appellant, Said Salum, claiming ownership of a six-acre farmland situated at Mabama Village, Mabama Ward, Uyui District, Tabora Region. He sought the following reliefs; (i) Declaration that the applicant is the lawful owner...
Background: KAHYOZA, J Shija Shabani, the above?named appellant, being aggrieved by the decision of the District Land and Housing Tribunal, do hereby appeal to this Honourable Court against the said decision together with its orders. The appellant has raised two principal grounds of appeal, namely: 1. That the trial chairperson erred in law and fact by failing to consider that the nucleus of the dispute was boundaries, and not the alleged five...
Background: KAWISHE, J Before the District Land and Housing Tribunal for Nyasa at Kilosa, hereinafter to be referred as “the DLHT or trial Tribunal” in Land Application No. 44 of 2025, the respondent herein lodged an application against the appellant (by then the respondent) praying for the trial Tribunal to declare him the lawful owner of one acre piece of land located at Tumbi Village, Kihagara Ward, Nyasa District in Ruvuma Region bordering...
Background: - This ruling determines the preliminary objection raised by the 6th and 7th Respondents challenging the competence of the Applicant's application before this Court. The objection raises six points of law, the principal Page. 1 contention being that the Applicant prematurely invoked the jurisdiction of this Court without first exhausting the statutory procedure established under the Trustees Incorporation Act, Cap. 318 R.E. 2023. The...
on 20th November, 2025 dismissing the appellant's claim with costs after finding that he had failed to prove his case on a balance of probabilities. The background giving rise to this appeal is fairly straightforward. The appellant is a businessman carrying on business under the name and style of Shuber Stationery & General Supplies, dealing, among other things, in the sale of hardware and building materials. The first respondent is a...
Background: , while the present application arose from Commercial Execution No. 53 of 2015. The applicant contended that the relationship Page. 3 between the appeal and the present application is indirect and cannot divest this Court of jurisdiction over execution proceedings. Reliance was placed on Matsushita Electric Co. Ltd (supra) for the proposition that a notice of appeal does not, by itself, prevent execution from proceeding in the High...
The accused was charged and convicted of arson on the basis of his own confession which he had made to a Ward Secretary The accused claimed that the confession was made involuntarily since he had been beaten up and tortured before he made the confession to the Ward Secretary. The trial magistrate admitted the statement without inquiring into the circumstances under which it was made and without giving the accused an opportunity to challenge the...
Background: MISCELLANEOUS COMMERCIAL APPLICATION NO. 000007912 OF 2026 PRINT ZONE LIMITED COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS TANZANIA INSTITUTE OF EDUCATION (TIE) RESPONDENT / DEFENDANT RULING KADILU, J IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA [COMMERCIAL DIVISION] AT DAR ES SALAAM MISC. COMMERCIAL APPLICATION NO. 7912 OF 2026 PRINT ZONE LIMITED APPLICANT VERSUS TANZANIA INSTITUTE OF EDUCATION (TIE) RESPONDENT...
Background: SIMFUKWE, J 18/06/2026 & 20/07/2026 SIMFUKWE, J. In this matter, the late Eliezana Minaeli Kavishe prior to his demise prepared his Will dated 28 July 2017 which was witnessed by three th witnesses: one Mlangeni Minaeli Kavishe the sibling of the deceased, one William Mkenda the relative of the deceased and Mr. James Yohane Kavishe. The said Will was made before the learned counsel P. M. Jonathan. In the said Will, the deceased...
on the ground that the appellant’s claims were not sufficiently proved. couched Page. 1 The appellant is now before this Court challenging the District Court’s findings. She has four grounds of appeal but all of them are couched in a single complaint to the effect that the District Court erred to quash the judgment of the Primary Court despite the facts and evidence establishing that the claim was properly founded and sufficiently proved. At the...
Background: between parties herein and to inspect and satisfy itself as to its legality more particularly to answer the following questions; a. Whether it was proper for the Honourable Chairperson to proceed ex-parte without duly proof of service in Execution Application No. 91 of 2025 ultimately grant execution order in a manner that benefit Page. 1 the respondents unjustly; and b. Whether it was proper for the Honourable Chairperson to proceed...
of Kibaha District Land and Housing Tribunal (DLHC) in Land Application No. 104 of 2024 between Deogratius Vedasto (the Respondent herein) who was the Applicant and Joseph Mayembe (the Appellant) who was the Respondent. The matter ended in favour of Deogratius Vedasto. Aggrieved, the Appellant filed this appeal and advanced a single ground of appeal, that the trial Tribunal erred in law and in fact for not including opinions of assessors in the...
Background: GWAE, J John Walipa Vahaye, suing in the capacity of an administrator of the Estate of the late Hangara Walipa Vahaye (deceased) instituted this suit against the defendants herein disputing the legality of the 1 defendant's st possession of the Certificate of Title relating to Plot No. 2005 Block "C" situated at Kimara Mavurunza Area within Ubungo Municipality, Dar es Salaam. He alleges that, the title belongs to the estate of the...
Evether Christopher Hayba vs Thomas Dionis Tarimo, Mohamed Salum Abdallah, MUA INSURANCE [TANZANIA] LIMITED [Successor in title of Phoenix of Tanzania Assurance Company...
Background: Civil Procedure Code, Cap. 33 R.E. 2023. When the suit was called on for mention on the 11th of June 2026, the Court directed that the PO be heard by way of written submissions. Pursuant to that order, the 1st Defendant was required to file his written submissions on or before 25/06/2026, the Plaintiff was to file his reply submissions on or before 9th July 2026 any rejoinder was to be Page. 1 filed on or before 16/07/2026 and the...
Hon. Lugano Mwandambo, Hon. Abraham Mwampashi, Hon. Ubena Agatho
Background: In the Resident Magistrate’s Court of Geita, the appellant herein, Innocent Mataba, was charged with two counts namely; rape, contrary to sections 130(1) (2) (e) and 131(1) of the Penal Code, Chapter 16 of the Revised Laws (the Penal Code) and impregnating a school girl, contrary to section 60A (3) (e) of the Education Act, Chapter 353 as amended by section 22 of the Written Laws (Miscellaneous Amendments) Act No. 2 of 2016. After a...
Hon. Lugano Mwandambo, Hon. Abraham Mwampashi, Hon. Ubena Agatho
Background: The District Court of Sengerema tried and convicted the appellant of the offence of statutory rape involving a 10 years old girl. The conviction earned the appellant a custodial mandatory sentence of 30 years’ imprisonment. The appellant’s appeal to the High Court sitting at Mwanza was unsuccessful, hence this second and final appeal before the Court. Briefly, the facts behind the appellant’s arraignment before the trial court and...
Hon. Zephrine Galeba, Hon. Lillian Mashaka, Hon. Deo Nangela
Background: The District Court of Magu convicted the appellant, Juma Joseph of rape under sections 130 (1) (2) (e) and 131 (1) of the Penal Code, Chapter 16 of the Laws, and sentenced him to 30 years’ imprisonment. It was alleged by the prosecution that on 2nd January 2020, at Sese Village, the appellant raped a girl aged 13 years (name withheld), after dragging her into an unfinished building. To protect her, we shall hereinafter refer to her...
Hon. Agnes Mgeyekwa, Hon. Mary Levira, Hon. Sam Rumanyika
Background: The appeal was heard in the presence of the appellant and the respondent's learned State Attorney. Holding: We allow the appeal. Reasoning: In the exercise of our revisional powers under section 4(2) of the AJA, we nullify the proceedings and judgments of the trial and those of the High Court, quash conviction and set the appellant's sentence. Orders: The appellant be released from prison immediately unless there is lawful cause to...
Hon. Amour Khamis, Hon. Ubena Agatho, Hon. B Sehel
Background: The present appeal relates to the murder of Nemes Charles Shomari (the deceased) who was a motorcyclist taxi driver commonly known as “bodaboda”. He used to park at Mgeninani area within Temeke District in Dar es Salaam Region. On 4th May, 2016, Emmanuel Agaton Ndunguru, the appellant herein, telephoned Mariam Saidi Mfaume (PW2) and asked her to hire a motorcycle to ferry him from Keko area within Dar es Salaam Region to Kibaha area...
Background: IN THE MATTER OF THE ESTATE OF THE LATE DENIS BALTHAZAR RUHINDUKA AND IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF ADMINISTRATION WITHOUT WILL OF ADMINISTRATION BY REMIDIUS DENIS RUHINDUKA RULING MNYUKWA, J The late Denis Balthazar Ruhinduka of Dar es Salaam died intestate on 23 May 2026, at Mkoroshini Sangali, within Temeke District in Dar es Salaam rd Region, Tanzania. He left the following relatives to survive him:...
Background: HON. MGONYA, J.A, ) CRIMINAL REVISION NO. 9704184 OF 2025 CASE REFERENCE NO. 202507099704184 JOSEPH GEORGE MATAGE APPELLANT / APPLICANT GRACE MATAGE APPELLANT / APPLICANT JAMAAL MOHAMED SAAD APPELLANT / APPLICANT VERSUS THE REPUBLIC RESPONDENT ORDER MGONYA, JA, withdrawn Dated at DODOMA this 23rd of September 2025. L. E MGONYA JUSTICE OF APPEAL...
