High Court of Tanzania

After the Treaty of the Union, the two countries continued to remain with their own legal systems including court structures.

The High Court of Tanzania only has territorial jurisdiction over legal issues arising in Tanzania Mainland and the High Court of Zanzibar has territorial jurisdiction over legal issues arising in Zanzibar.

The High Court of Tanzania has registries in Dar es Salaam, Moshi, Tanga, Arusha, Iringa, Bukoba, Dodoma, Mwanza, Mbeya, Mtwara, Tabora and all the registries have resident judges.

The main objective of establishing this court was to ensure efficient management and expeditious disposal of commercial disputes so as to encourage business development under a free market economy and also growth of foreign investments.

Consequently, in 2010, the Chief Justice of Tanzania, Augustino Ramadhani CJ, extended the jurisdiction to deal with land cases to all judges of the High Court.

Judges of the High Court as provided by the Constitution are appointed by the President of the United Republic of Tanzania, in pursuant to the special qualifications stated in its article 109 (7) after consultation with the Judicial Service Commission established under part iii of the constitution.

In addition to his ordinary power as a judge of the High Court, the principal judge is also empowered to perform all such duties and functions which in accordance with legal traditions applicable are matters to be performed by the head of the High Court.

The divisions of the court are also properly constituted when presided over by a single judge sitting with two assessors; however where both parties to the case agree the judge in the commercial court can hear their case without aid of assessors.

The law allows any person who is aggrieved by any decision or order from which an appeal is allowed but no appeal has been made to apply for review of the order or decision made by a magistrate who passed the judgement.

According to the Order 42 rule 1(b) of the civil procedure code the applicant for review has to show to the court the discovery of new or important matters or evidence.

A good example was in the case of Paul lema v Wilson chuwa (1989) where a high court judge reviewed his own order made in a matter arising from a suit to resist the sale of a house in a public auction.