THe 'TiT.

' of TANZANIA
JUD/.-AR7 of t.nzania

COMPREHENSIVE
PERFORMANCE REPORT OF
THE JUDICIAL FUNCTIONS
COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

THE UNITED REPUBLIC OF TANZANIA

JUDICIARY OF TANZANIA

COMPREHENSIVE PERFORMANCE
REPORT OF THE JUDICIAL
FUNCTIONS - 2021
COMPREHENSIVE PERFOOMMANCEe RSPORTeORFOHMAUiCPREPOURTCTFONHS -jU02Cial functions - 2021

Published by

The Judiciary of Tanzania

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Copyright © 2022 by the Judiciary of Tanzania

Published in Dar es Salaam - Tanzania, 2022

 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Chief Registrar's Foreword

Happy new year to all! I am delighted to have

this time again to share with you the milestone
the Judiciary achieved in the administration
of justice in 2021. This report contains
judicial and extra judicial activities that were
carried out by the Judiciary in discharge of its
constitutional mandate of dispensing justice.

We continued to record an increase in

the clearance rate across all of our courts
compared to the rate of clearance recorded in
the in the previous year. Establishment of the
court services at different court levels, innovation in justice delivery technique
including Integrated Justice Centres (IJCs), operationalisation of the One-Stop
Judicial Centre for Probate and Administration Cause and Matrimonial Matters
where it consolidates a range of services under one roof, and the Mobile Court
Services continued to improve access to justice.

We value the application of modern technologies in dispensation of justice.

We embraced technology by modernizing and digitalizing our services by
initializing e-systems such as e-case management system, e-filing, e-payment,
e-publication, e-notification, the judiciary mobile applications and the use of
the virtual courts system.

Stakeholder engagement remains an essential tool to effective and efficient

justice delivery. In this year, engagement with various stakeholders continued
and has been useful in improving administration of justice.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

The average workload per judicial officer decreased in the year under review
resulting into increase in the clearance rate in the Court of Appeal and High
Court. Such increase is attributed to the appointment of Justices of Appeal and
Judges of the High Court.

It is a great honour and privilege to present to you the 2021 Comprehensive

Performance Report of the Judicial functions.

Wilbert M. Chuma

Chief Registrar

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

The team
SN. NAME TITLE MOBILE EMAIL
NO.
1. Dr. Angelo Rumisha HoJDU 0754927547 angelo.rumisha@judiciary.
go.tz
2. Romuli M. Mbuya DR - HC 0735360015 [email protected]
Main Registry

3. Desdery K. Kamugisha DCM 0756329489 desdery.kamugisha@judiciary.

go.tz
4. Flora A. Mtarania DR - CoA 0754 963319 [email protected]

5. Elimo D. Masawe DR - HC 0754744916 [email protected]

Main Registry

6. Kinabo J. Minja DR - DJSIE 0754856932 [email protected]

7. Moses B. Ndelwa Asst. DCM 0758000908 [email protected]

8. Richard E. Kabate PRMI- 0784457489 [email protected]

KISUTU

9. Anatory F. Kagaruki Ag. - ADHR 0715 906609 anatory.kagaruki@judiciary.

go.tz
10. Mcharo E. Mwanga Statistician 0714475079 mcharo .mwanga@judiciary.
go.tz
11. Abdulatif I. Hussein ICTO 0712907909 abdulatif.hussein@judiciary.
go.tz
12. Clarence J. Mhoja SRMA 0763060294 clarence.mhoja@judiciary.
go.tz

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Acknowledgements
The Judiciary of Tanzania is mandated to dispense justice to the people of
this great Nation. It has the obligation to issue Annual Performance Report
of its Judicial Functions that covers every aspect of judicial functions in the
administration of justice. Therefore, the preparation of the report is worth of
an expression of gratitude and appreciation.

I am honoured to express my utmost gratitude to the leadership of the Judiciary

of Tanzania in particular His Lordship Prof. Ibrahim H. Juma, the Chief
Justice, His Lordship Mustapher M. Siyani, the Jaji Kiongozi; Hon. Wilbert
M. Chuma, the Chief Registrar; and Prof. Elisante O. Gabriel, the Chief Court
Administrator, for their instructions, directives and facilitation which enabled
the preparation of this report.

I profoundly thank all my fellow employees of the Judiciary who were ready for
consultations and timely response. Without their immense contribution and
assistance, this work would have been tedious and cumbersome.

This report could not have been possible if not for the tireless and dedicated
commitment by the preparation team, carefully nominated by the Chief
Registrar, who are Hon. Dr. Angelo Rumisha, Hon. Romuli M. Mbuya, Hon.
Flora A. Mtarania, Hon. Elimo D. Massawe, Hon. Kinabo J. Minja, Hon.
Richard E. Kabate, Mr. Anatory F. Kagaruki and Mr. Abdulatif I. Hussein. I
thank them very much.

I sincerely thank my colleagues from the Division of Case Management who

provided the team with a dedicated secretariat under the superintendence of
Hon. Moses B. Ndelwa assisted by Mr Mcharo E. Mwanga and Mr Clarence
J. Mhoja. Their duties were carried out promptly, effectively and accurately.

Desdery K. Kamugisha
Director
Case Management

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Executive Summary
Attention to the results of the Court activities is more than just a polite
gesture to the outside world. Failure to highlight performance and measure
them undermines judiciary proclaimed ability and the need to govern its own
affairs. The Judiciary ofTanzania is also accountable to the people in its role of
dispensation of justice hence a need to issue the annual performance report of
the judicial functions. The report presents judicial functions that were carried
out by the Judiciary of Tanzania in the year 2021. For a convenient flow and a
proper presentation of issues, the report is organised in eight chapters.

Chapter One introduces the report and the Judiciary in general. It provides in
a nutshell establishment of courts and the hierarchy of the Judiciary leadership.
The chapter winds up by showing appointments, promotions, retirements, and
obituaries during the period under review.

Justice delivery must be procured towards the achievement of the intended

objectives, transparency, efficiency and access to justice that derive the highest
benefits to uphold the rule of law in the United Republic of Tanzania. The
complexities of the issues the courts faced in achieving the aforementioned
objectives are reflected within the overall development of the entire judiciary
on a fundamental level as captured in Chapter Two of this report. In a
simplified manner, the chapter also presents and analyses statistics related to
performance indicators such as backlog, clearance rate, time taken from filing
to determination of a case, use of Magistrate with extended jurisdiction in
decreasing case backlog at the High Court, disposal rate and workload per
Judge/Magistrate are presented. This chapter also presents issues related to
improving access to justice such as operationalising new courts, mobile courts
services and simplification of rules.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Capacity building and enhancement of jurisprudence are important aspects

in improving performance reported herein. Regular training conducted both
physically and virtually, and landmark decisions of the Court ofAppeal and the
High Court are presented in Chapter Three.

Chapter Four shows what the Judiciary of Tanzania did for the last year to
enhance a tax payers’ trust to the judicial system. Monitoring and evaluation
of judicial functions, publication of various documents to enhance the
stakeholders’ access to court information, and improvement of response to
citizen queries and complaints are presented in this chapter.

Application of ICT in the administration of justice in Tanzania demonstrates a

new milestone in the year under review. Investment in the ICT has eased and
improved access to the judicial services by the public. Chapter Five presents an
insight on how the citizens can easily reach our court registries 24/7 through
e-filing, e-payment and e-notification, Primary Court Tz, and Judiciary Mobile
Tz. These services are complimented by the use of video and teleconference and
audio-visual recording systems that are installed in our courts.

Stakeholders engagemment is an essential tool to enhance public trust and

effective and efficient justice delivery. Chapter Six captures engagement
between the judiciary and stakeholders. It presents matters related to case
management commitees, enrolment and admission of advocates, and licencing
of court brokers and process servers and their discplinary issues. It also presents
the High Court’s 100 Years, the Law Week and the Law Day celebrations.

The 2021 was the year to cherish. Several colourful events and occassions were
celebrated. We started the year by celebrating the Law Week and the Law Day
to mark the beginning of court businesses. In the same year we inagurated
our sixth state of the art buildings that host the innovations in the integrated
judicial centres. We also commissioned other court buildings that host various
courts. Our High Court, Labour Division launched the High Court Labour
Case Digest that contains useful references on labour matters. For the first
time in history, our Court of Appeal held its sessions in Kigoma and Musoma
hence bringing justice closer to the people. Towards the end of the year, the
Judiciary of Tanzania was blessed with the new Jaji Kiongozi and the Chief
Court Administrator. All these and more events are detailed in Chapter Seven.
Chapter Eight is a conclusive part that gives a brief summary of the most
important issues discussed in the report.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Table of Contents
Chief Registrar's Foreword................................................................................. i
The Team ................................................................................................... iii
Acknowledgments............................................................................................ iv
Executive Summary.......................................................................................... v
Abbreviations...................................................................................................xi
Chapter One: General Introduction......................................................... 1
1.1 Introduction............................................................................... 1
1.2 Establishment of Courts............................................................ 2
1.2.1 The Court of Appeal............................................... 2
1.2.2 The High Court...................................................... 2
1.2.2.1 The Commercial Division of the High
Court ........................................................ 3
1.2.2.2 The Land Division of the High Court ..3
1.2.2.3 The High Court Labour Division......... 3
1.2.2.4 The Corruption and Economic Crimes
Division of the High Court..................... 3
1.2.2.5 Mediation Centre..................................... 4
1.2.3 The Magistrates’ Courts......................................... 4
1.2.4 The Juvenile Court .................................................. 5
1.3 Judiciary Leadership.................................................................. 5
1.4 Judicial Appointments, Promotions, Retirements and Vacancies
................................................................................................ 7

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

1.4.2 Judicial Appointment............................................... 7

1.4.2.1 Justices of the Court of Appeal................. 7
1.4.2.2 Judges of the HighCourt........................... 9
1.4.2.3 Deputy Registrars,Assistant Directors,
Resident MagistrateIn-charges.............. 12
Chapter Two: Administration of Justice................................................ 14
2.1 Introduction.............................................................................. 14
2.2 Case Statistics......................................................................... 14
2.2.1 The Court of Appeal............................................. 15
2.2.2 The High Court.....................................................16
2.2.3 The Courts of ResidentMagistrate....................... 16
2.2.4 The District Courts............................................... 17
2.2.5 The Juvenile Courts............................................... 17
2.2.6 The Primary Courts.............................................. 18
2.3 Clearance Backlog................................................................... 18
2.4 Clearance Rate........................................................................ 19
2.5 Workload per Judge/Magistrate.............................................20
2.6 Time Taken from Filing to Determination of a Case.......... 20
2.7 Court Sessions...........................................................................21
2.7.1 The Court of Appeal.............................................21
22.7.2 The High Court Sub-Registries.......................... 21
2.8 Extended Jurisdiction Cases................................................... 22
2.9 Improving Access to Justice.................................................... 22
2.10 Operationalizing New Courts................................................ 22
2.10.1 Mobile Court Services.......................................... 25
2.10.2 Simplification of Rules......................................... 26
Chapter Three: Skills Building and Jurisprudence Development.......... 28
3.1 Introduction............................................................................. 28
3.2 Education and Training.......................................................... 28
3.3 Landmark Decisions............................................................... 29

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CIVIL CASES....................................................................................... 30
CRIMINAL CASES............................................................................. 35
Chapter Four: The Enhancement of Public Trust.................................. 38
4.1 Introduction.............................................................................. 38
4.2 Supervision and Inspection of Court.................................... 38
4.3 Performance Evaluation.......................................................... 39
4.4 Complaints Handling and Public Feedback......................... 39
4.5 Enhancement of Judicial Values and Ethics.......................... 40
4.6 Publications.............................................................................. 40
4.6.1 The Law Reports and Online Court Decisions ..41
4.6.2 Index of Principal and Subsidiary Legislations ...42
4.6.3 Haki Bulletin..........................................................42
Chapter Five: Application of ICT in Dispensation of Justice................... 43
5.1 Introduction............................................................................. 43
5.1.1 e-Case Management System................................ 43
5.1.1.1 e-Filing, e-Payment and e-Notification..44
5.2 Primary Court Mobile Application....................................... 44
5.3 Judiciary Mobile Application................................................. 45
5.4 Virtual Court, Video............................................................... 46
5.5 Audio-Visual Recording.......................................................... 47

Chapter Six: Matters Related to Stakeholders...................................... 48

6.1 Introduction.............................................................................. 48
6.2 Roll of Advocates...................................................................... 48
6.3 Appointment and Discipline of Court Brokers and Process
Servers ....................................................................................... 49
6.4 Case Flow Management Committees.................................... 50
6.5 The Law Week and Law Day Celebrations........................... 51
6.6 Celebrating 100 Years of the High Court of the United
Republic of Tanzania.............................................................. 52

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Chapter Seven: Celebrated Events in 2021............................................55

Chapter Eight: Celebrated Events in 2021..............................................59
ANNEXURES .................................................................................... 62
 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Abbreviations
Cap - Chapter

CMA - Commission for Mediation and Arbitration

CoA - Court of Appeal

DCs - District Courts

DM - District Magistrate

DPP - Director of Public Prosecutions

Dr. - Doctor

GePG - Government Electronic Payment Gateway

GN - Government Notice

HC - High Court

ICT - Information and Communication Technologies

IJC - Integrated Judicial Centre

IJCs - Integrated Judicial Centres

JOPRAS - Judicial Officers’ Open Performance and Review Appraisal

System

JoT - Judiciary ofTanzania

JSC - Judiciary Service Commission

KM - Kilometre

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

No. - Number

PC - Primary Court

PCs - Primary Courts

R. E - Revised Edition

RM - Resident Magistrate

SMS - Short Message Service

TanzLII - Tanzania Legal Information Institute

TLR - Tanzania Law Report

Vs - Versus

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

CHAPTER
ONE

General Introduction

1.1 Introduction

Buildingfor the Judiciary of Tanzania Headquarters and the Court ofAppeal

The Judiciary of Tanzania is an autonomous organ with final authority

in the interpretation of the law and dispensation of justice. It is
comprised of the Court of Appeal, the High Court, the Courts of
Resident Magistrates, the District Courts, and the Primary Courts.

Along with these courts, there are quasi-judicial bodies which, although
do not form part of the formal court hierarchy, adjudicate disputes.
Such bodies are the Ward Tribunals, the District Land and Housing

Tribunals, Revenue Appeals Board, the Tax Revenue Appeals Tribunal,

the Fair Competition Tribunal, and the Commission for Mediation and

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Arbitration that deal with labour matters. However, their performance

does not form part of this report.

1.2 Establishment of the Courts

The Judiciary of Tanzania has five courts, which are Court of Appeal,
the High Court, the Courts of Resident Magistrates, the District
Courts, and the Primary Courts.

1.2.1 The Court of Appeal

The Court is established under Article 117(1) of the Constitution. The
Court was established in 1979 following the collapse of the East African
Court of Appeal. It is the highest court in Tanzania and is headed by the
Chief Justice. The Court determines appeals from the High Court of
Tanzania and the High Court of Zanzibar, except for the constitutional
issues arising from the interpretation of the Constitution of Zanzibar
and matters arising from the Kadhi Court. It also hears appeals from
the Tax Revenue Appeals Tribunal and the Resident Magistrates with
extended jurisdiction. The Court has 16 sub-registries across the
country.

1.2.2 The High Court of Tanzania

The Court is established under Article 108(1) of the Constitution. It has
unlimited criminal and civil original jurisdiction. It also hears appeals
from the Courts of Resident Magistrates, the District Courts, and the
District Land and Housing Tribunals. Further, the Court exercises
revisional and supervisory powers over subordinate courts, tribunals,
and administrative and quasi-judicial bodies.

Along with the High Court Main Registry at Dar es Salaam, there are
18 sub- registries, four divisions, a mediation centre, and One-Stop
Judicial Centre for Probate and Administration Causes and Matrimonial
Matters.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

1.2.2.1 The Commercial Division of the High Court

The Division was established by the Chief Justice under Rule
5A of the High Court Registries Rules, GN. No. 141 of 1999.
It hears cases of commercial significance. The court has its
peculiar rules of procedure that are responsive to commercial
dispute resolution. It also applies modern technologies in
dispute resolution to enhance efficiency and transparency.
Currently, the Commercial Court has its main registry in Dar
es Salaam and sub-registries in Arusha and Mwanza.
1.2.2.2 The Land Division of the High Court
The Division was established by the Chief Justice vide GN. No. 63
of 2001. The Division is vested with jurisdiction to hear disputes
concerning land. It also hears appeals arising from the District Land
and Housing Tribunals.

1.2.2.3 The Labour Division of the High Court

The Division was established under section 50 ofthe Labour Institutions
Act, 2004 to expediate labour related matters because of their peculiarity
and importance to the country’s economy. It exercises original
jurisdiction over labour disputes along with revisional jurisdiction over
the Commission for Mediation and Arbitration (CMA). As well, the
Division executes its own orders and awards of the CMA.

Before April 30, 2018, the Labour Division enjoyed exclusive

jurisdiction in labour matters. However, through the Labour Division
Judges and Deputy Registrars Designation Notice of April 30, 2018,
the Chief Justice designated all Judges of the High Court and Deputy
Registrars as Officers of the Labour Court to preside over matters in the
Labour Division.

1.2.2.4 The Corruption and Economic Crimes Division of the

High Court
This Division was established under section 7 of the Written Law
(Miscellaneous Amendments) Act, 2016. The Court was established
to handle more sophisticated cases that have an impact on the national
economy. So far, the Court has 14 sub-registries all over the country.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

1.2.2.5 Mediation Centre

The Centre was established in 2015 in Dar es Salaam by the Chief
Justice. Its primary duty is to conduct court annexed mediation on civil
and land matters filed in the High Court Land Division and Dar es
Salaam Sub-registry.

1.2.2.5 One-StopJudicialCentreforProbateandAdministration
Causes and Matrimonial Matters of Temeke

One-Stop Judicial Centre Building

The Centre was established vide Judicature and Application of Law

(One-Stop Judicial Centre of Temeke) (Establishment) Order, 2021
[GN. No. 640 of 2021] for the purpose of increasing efficiency and
enhancing accessibility to justice.

1.2.3 The Magistrates’ Courts

Below the High Court, there are three magistrates’ courts established
under the Magistrates’ Courts Act [Cap. 11 R.E 2019]. The Courts
of Resident Magistrates established by the order of Chief Justice
under Section 5 of the Act enjoys jurisdiction as designated by the
order established it. District Courts with the jurisdiction within the
district is established under Section 4 of the Act with original, appellate
and revisional jurisdiction. The Primary Court is of the lowest level
established under Section 3 of the Act. It has original jurisdiction in civil
and criminal matters and appellate jurisdiction over Ward Tribunals.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

1.2.4 The Juvenile Court

The Court is established under Section 97 of the Law of Child Act [Cap.
13 R.E 2019] to address child-related issues and meet international
obligations. The Court hears criminal matters involving minors. It also
deals with civil issues such as maintenance, parentage and other matters
related to minors.

1.3 Judiciary Leadership

The Chief Justice
He is the head of the Judiciary of
Tanzania and the Court of Appeal. He is
responsible for overseeing performance of
the courts including giving of direction
and supervision over the courts’ sittings
and assignments of the judicial and
administrative duties.

HON. PROF. IBRAHIM

HAMISIJUMA
The ChiefJustice

The Jaji Kiongozi

He is the head of the High Court and
the special assistant to the Chief Justice
in the performance of functions and
exercise of the powers of the High
Court and the courts subordinate to it.

HON. MUSTAPHER
MOHAMED SIYANI
The Jaji Kiongozi

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

The Chief Registrar The Chief Court Administrator

HON. WILBERT MARTIN PROF. ELISANTE GABRIEL

CHUMA The Chief Court
ChiefRegistrar Administrator

He facilitates and He is the Chief

supervises performance Executive Officer and he
of judicial functions, is responsible for day-
coordinates judicial to-day administration
matters, and communicates of the judicial service
to the government on and operation of the
matters relating to judicial Judiciary funds. He is
profession, or any matter responsible to the Chief
of the Government Justice
concern. He reports to the
Chief Justice.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

1.4 Judicial Appointments, Promotions, Retirements

and Vacancies
1.4.2 Judicial Appointment
1.4.2.1 Justices of the Court of Appeal
In 2021, ten Justices of the Court of Appeal were appointed. These
appointments increase number of the Justices of Appeal from 16 to 25.

Hon. Zephrine N. Hon. Patricia S. Hon. Penterin M.

Galeba Fikirini Kente
He was appointed on 1st She was appointed He was appointed
February 2021. Before his on 5th May on 11th May
appointment, he was a 2021. Before her 2021. Before his
Judge of the High Court appointment, she appointment, he was
of Tanzania. was the Judge a Judge of the High
In-charge of the Court of Tanzania.
Commercial
Division of the High
Court of Tanzania.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Hon. Lilian L. Hon. Dr. Paul F. Hon. Lucia G.

Mashaka Kihwelo Kairo

She was appointed He was appointed on She was appointed

on 11th May 11th May 2021. Before on 11th May
2021. Before her his appointment, he 2021. Before her
appointment, she was was a Judge of the High appointment, she
the Judge In-charge of Court of Tanzania and was the Judge In­
the Corruption and the Principal of the charge of the High
Economic Crimes Institute of Judicial Court of Tanzania at
Division of the High Administration. Bukoba.
Court of Tanzania

Hon. Issa J. Maige Hon. Abraham M. Hon. Omary O.

Mwampashi Makungu
He was appointed on
11th May 2021. Before He was appointed He was appointed
his appointment, he was on 11th May on 07th October
the Judge In-charge of 2021. Before his 2021. Before his
the Land Division of the appointment, he was appointment, he was
High Court of Tanzania. a Judge of the High the Chief Justice of
Court of Zanzibar. Zanzibar.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

He was appointed on 23rd December 2021.

Before his appointment, he was the Judge
In-charge of the Mwanza Sub-registry of
the High Court of Tanzania.

Hon. Sam M.
Rumanyika

1.4.2.2 Judges of the High Court

The Jaji Kiongozi

On 7th October 2021, Hon. Mustapher M. Siyani was appointed the

Jaji Kiongozi. Before his appointment, he was the Judge In-charge of the
High Court in Dodoma.

Together with the Jaji Kiongozi, in 2021 H.E. Samia Suluhu Hasan, the
President of the United Republic of Tanzania appointed twenty-one
Judges of the High Court.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Hon. Katarina T. Revocati Hon. Biswalo E. Mganga Hon. Zahra A. Maruma

Hon. Devotha C. Hon. Chaba M. John Hon. Lilian J. Itemba

Kamuzora

Hon. Awamu Ahmada Hon. Ayoub Y. Mwenda Hon. Nyigulile R.

Mbagwa Mwaseba

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Hon. John. F. Nkwabi Hon. Safina H. Simfukwe Hon. David P Nguyale

Hon. Frank H. Hon. James Karayemaha Hon. Emmanuel L.

Mahimbali Ngigwana

Hon. Abdi Kagomba Hon. Arafa M. Msafiri Hon. Dr. Ubena John

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Hon. Dr. Eliamini I. Hon. Dr. Theodora Hon. Mwanabaraka S.

Laltaika Mwenegoha Mnyukwa

1.4.2.3 Deputy Registrars, Assistant Directors, Resident

Magistrate In-charges
Within the period of review, two deputy registrars were appointed to
the posts of the senior deputy registrar of the Court of Appeal and High
Court respectively. Twenty-six resident magistrates were appointed to
the post of deputy registrar. Three resident magistrates were appointed
to the post of assistant director; 10 district resident magistrates in­
charge were appointed to the post of resident magistrate in-charge; and
29 resident magistrates were appointed to the post of district resident
magistrate in-charge.

1.4.3 Promotions and New Employments

During the year 2021, a total of 186 resident magistrates were promoted
to different grades and 140 resident magistrates were employed.

1.4.4 Retirements and Transfer of Employments

A total number of 21 judicial officers retired from the judicial services,
amongst, two were Judges of the High Court; two were deputy
registrars, and nineteen were magistrates of various grades and post.
During the same period, seven magistrates of different grades and ranks
were transferred from judicial services to other government institutions.

1.4.5 In Memoriam
We deeply remember our dearly departed collegues and we thank them
and their families for serving people of this great nation with distinction
and honour.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

The late Hon. Godfrey The late Hon. Francis The late Hon. Coelestine
Mwambapa Mhagama W. Ishengoma

The late Hon. Agripina The late Hon. Benjamini The late Hon. Joyce
Wokusima Kimaze Charles Muhangwa Kalokola

The late Hon. Mwinyiheri The late Hon. Ismael The late Hon. Agness
Mohamed Kondo Emmanuel Ngaile Neema Mhina

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

CHAPTER
TWO

Administration of Justice

2.1 Introduction
Administration of justice is the core function of the Judiciary of
Tanzania. In the year 2021, the Judiciary continued to deliver justice to
the citizens. We are delighted to share the milestones that the Judiciary
achieved in the administration of justice this year, particularly case
statistics, backlogs, disposal rate and clearance rate.

2.2 Case Statistics

A total of 62,470 cases were

250/100
pending at the closure of the
year 2020. Between January
200,000
and December 2021, a
150,000
total of 232,280 cases were
filed and 230,749 cases
100,000
equivalent to 99.34% of all
filed cases were decided. As of
50,000 Dcemkr 31, 2021, a total
of 64,001 cases remain d
pending at all court levels.

■ PENDING2020 1FILED2021 aDECIDED2021 ■ PENDING 2021

Figure 1: Filed, Decided and Pending Cases at all

Court levels in 2021

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

The primary courts continued to serve the majority of population

seeking justice in our courts. This time, around 70% of all cases that
were filed in all courts were recorded in the primary courts. Equally, the
primary courts determined 68.3% of all determined cases making them
the courts with the highest determined cases. The contribution of the
workload across all courts is shown in Table 1 below.

Table 1: Filed, decided and pending at all coert level

% of % of
Pending F i8<^d Decided. Pending
Tourts 4led deri0ed
2020 2020. 2021 2021
drses COSdS
CoA 4,545 1,876 1,367 5,054 0.8 0.6
HC 17,490 17,014 19,095 15,410 7.3 4.0
COURTS
6,509 4,563 11,140 5,924 3.7 4.8
CFRM
CC
16,632 41,286 40,601 17,317 17.8 1.745
COURTS
JCCENILE
295 940 86d 366 0.4 0.4
COURTS
PRIE1ARY
,4,99 9 122,200 157,269 19,930 79.0 68.3
COURTS
TOTAL 62,470 232,280 230,749 64,001 100 100

2.2.1 The Court of Appeal

A total of 4,545 cases were
pending at the closure of the
year 2020. Between Sanuary
and Decembeo 2021, e totel y.
1,870wcases we co fiSed wnd l,3Sy
cases, equivalent to 73% of all
filed cases were deeided. As of
Decembes Wl, 2021, atotal oW
5,054 casys yemain e et een diw g.

Figure 2: Filed, Decided and Pending cases in

2021

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

2.2.2 The High Court

17,490 cases were
p ending in theHigh
Court at the closure
of 2020. In 2021,
a total of 17,015
cases were filed
whilel9,0he case
equivalent ie 11 h2o
of all filed cases were
dttie2e aed .5,410
cases remained
pending.
Figure 3: Filed, Decided and Pending Cases in 2021
Annexure I to this report shows cases that remained pending in 2020,
filedin 2021, decided in 2021, pending in 2021, number of Judges, and
clearance rate in respect of all High Court Divisions and Sub-registries.

2.2.3 The Courts of Resident Magistrates

A total of 8,509 cases
were pending in 2020.
These courts registered
8,563 cases in 2021
and deddcd 11,1.48
cases uc|niuCent to
130% of all registered
cases. Bn the end
of the period under
review, 5,924 cases
were pending.

Figure 4: Filed, Decided and Pending Cases in 2021

Annexure II to this report shows cases that remained pending in 2020,

filed in 2021, decided in 2021, pending in 2021, number of magistrates,
and clearance rate in respect of each Court of Resident Magistrate.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

2.2.4 The District Co arts

16,632 cases remained
undetermined by
the end of 2020 in
all distriet courts.
In 202 e, a total if
we,12^6 cares were
filed and he^il.
eqiu'^diieeii to 98.34%
of all filed cases we re
determined. By
the end of the yiar,
17,317 daees were
pending.
Figure 5: Filed, Decided and Pending Cases in 2021
Annexure t II to this report shows cases that remained pending in 2020,
filed in 2021, decided in 2021, pending in 2021, numhr of magistrates,
and clearance rate in respect of all district courts.

2.2.5 The Juvenile Courts

At the closure of the year
2020, a total of 295 cases
were pending in all Ju2inile
Cour th In 20ht, a totel of
940 ccscs were fileh and 7h9
cauev equlvalem so 92% of all
filed casetwere d ecihedana
366 wree jronoliri^

2.2.h Thu Primary

Figure 6: Filed, Decided and Pending Cases in 2021

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Courts
A total of 14,999 cases were
pending in all Primary Courts
at the closure of the year 2020.
In 2021, a total of 162,600
cases wck filed an id 157,6<59
cases equivalent to 97% of all
filed cases were determined
aod 19,900 wore pending.

Figure 7: Filed, Decided and Pending cases in 2021

Annexure IV to this report shows cases that remained pending in

2020, filed in 2021, decided in 2021, pending in 2021, number of
magistrates, and clearance rate in respect of all Primary Courts.

2.3 Case Backlog

A case is termed backlog when it remains undecided after expiration of
two years in the CoA and the HC; one year in the court of RM and the
DC; and six months in the PC. By the end of 2021, a total of 6,994
out of 64,001 cases which were pending were backlog. Backlog cases
were equivalent to 10.9% of all pending cases at all court levels. The
Court of RM and Court of Appeal has the highest rate of case backlog
followed by the DCs.

Within the year under review, 4,447 backlog cases were pending in the
Courts of RM and DCs. However, 1,616 cases equivalent to 36.3%
of all backlog cases in the Court of RM and DCs were those which
such cou ts had no jurisdiction to entertain. Backlog cases not with
the jurisdiction of these courts constitute 23.1% of the entire backlog.
We note the challenge and plan to realign our strategies to engage the
stakeholders. Table 2 below shows the number of backlog cases in all
courts.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Table 2: Case Backlog Analysis in all Courts in 2021

Pending % of % Share of
COURTS Backlog
Cases Backlog Backlog
CoA 5,054 707 14.0 10.1
HC 15,410 1,803 11.7 25.8
COURTS OF RM 5,924 2,144 36.2 30.7
DC 17,317 2,303 13.3 32.9
JUVENILE COURTS 366 13 3.6 0.2
PC 19,930 24 0.1 0.3
TOTAL 64,001 6,994 10.9 100.0

2.4 Clearance Rate

Table 3: Clearance Rate at all Court Level in 2021
Courts Filed Decided % of Clearance
Rate
CoA 1,876 1,367 73
HC 17,015 19,095 112
COURTS OF RM 8,563 11,148 130
DC 41,286 40,601 98
JUVENILE COURTS 940 869 92
PRIMARY COURTS 162,600 157,669 97
TOTAL/AVERAGE 232,280 230,749 99

The overall clearance rate for the period under review is 99%. The
clearance rate increased at individual court level during the year under
review. The CoA recorded 73% clearance rate compared to 61% in
the previous year. Likewise, the HC (Main Registry, Sub-Registries and
Divisions) achieved 112% compared to 109% in the previous year. The
Courts of RM and DCs recorded a clearance rate of 130% and 98%
compared to 110% and 104% in the previous year.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

2.5 Workload per Judge/Magistrate

Table 4: Workload per panel/judge/magistrate
Court Workload Panel/ Caseload per
Judges/ Panel/Judge/
Magistrates Magistrate
CoA 6,421 7 917
HC 34,505 84 411
COURTS OF RM 17,072 88 194
DM COURTS 57,918 296 196
PRIMARY COURTS 177,599 920 193
TOTAL/AVERAGE 293,515 1,395 210

The CoA recorded a decrease in the workload per panel from 1,152
in 2020 to 917 in 2021. The decrease was attributed to the increase in
the number of Justices of Appeal from 15 in 2020 to 24 in 2021. The
workload in the HC also decreased from 524 in 2020 to 411 in 2021.
This was attributed to an increase in number of Judges from 71 in 2020
to 84 in 2021.

2.6 Time Taken from Filing to Determination of a Case

Time is an important aspect in case management and an indicator of
court performance. Since 2015, JoT is determined to reduce the time
taken from filing to the determination of a case from 515 days to 350
by 2021. Generally, by 2021 time taken had dropped to an average of
119.9 days which is a reduction of 395.1 days compared to 2015

There have been deliberate efforts by the Judiciary to improve efficiency

in the justice delivery particularly by reducing the time taken from
filing to the finalisation of the case. Such efforts include continued
simplification of rules and reducing procedural steps; increased
court supervisions and inspections; infrastructure improvement; and
application of ICT in the administration of justice.

In 2021, time taken in the CoA stands to an average of944 days while
in the HC is 381 days. Likewise, in the Courts of RM, time taken is
301 and DCs is 157. Primary courts that receive many cases compared

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

to other courts had improved efficiency and time taken is relatively the
lowest at 24.66 days.

2.7 Court Sessions

2.7.1 The Court of Appeal
In 2021 the CoA held 100% of the planned 33 sessions. In those
sessions, 1,693 cases were cause listed and 1,367 cases equivalent to
81% were determined.

2.7.2 The High Court Sub-Registries

During the year 2021, a total of 146 criminal sessions were planned
and 117 sessions equivalent to 80.1% were held. For the sessions held, a
total of 825 cases were determined. Table 6 below shows the number of
criminal sessions planned and held at the High Court Sub- Registries.

Table 5: Criminal Sessions Planned & Held at the HC Registries

Sub-Registries Planned Criminal Criminal Cases
Criminal Cases Cause Sessions Disposed
Sessions Listed Held
ARUSHA 13 59 13 37
BUKOBA 12 64 7 48
DAR ES SALAAM 22 132 19 127
DODOMA 12 88 10 77
IRINGA 8 56 7 55
KIGOMA 4 15 3 13
MBEYA 10 61 7 79
MOROGORO 2 12 2 7
MOSHI 6 22 2 16
MTWARA 8 29 6 24
MUSOMA 9 127 9 100
MWANZA 8 120 8 106
SHINYANGA 6 48 6 39
SONGEA 4 12 3 10

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Table 5: Criminal Sessions Planned & Held at the HC Registries

Sub-Registries Planned Criminal Criminal Cases
Criminal Cases Cause Sessions Disposed
Sessions Listed Held
SUMBAWANGA 6 30 3 30
TABORA 10 53 6 39
TANGA 6 22 6 18
TEMEKE 0 0 0 0
TOTAL 146 950 117 825

2.8 Extended Jurisdiction Cases

During the period under review, a total of 1,374 cases were transferred
from the HC to the Resident Magistrates with extended jurisdiction,
whereas 862 cases equivalent to 63% were decided and 512 cases
remained undetermined. The transfer of cases from the HC to the
Resident Magistrates relieved of the HC 4% of the workload. However,
the transfer increased the workload of the Resident Magistrates with
extended jurisdiction.

2.9 Improving Access to Justice

The need to increase efficiency and enhance justice services is taken
seriously by the Judiciary of Tanzania. During the year under review,
we employed various means including establishment of court services at
different court levels, innovation in justice delivery techniques including
establishment of Integrated Judicial Centres (IJCs) and simplification
of court rules.

2.10 Operationalizing New Courts

In making sure that justice services are brought closer to the people,
the JoT operationalized court services at various court levels. In
particular, One-Stop Judicial Centre for Probate and Administration
Causes and Matrimonial Matters was established at Temeke. The
Centre consolidates a range of justice services under a single roof. It
streamlines service delivery and eliminates transport costs, and safety

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

and financial hurdles to the vulnerable groups within our society. The
Centre hosts the High Court, the District Court, and the PC alongside
key stakeholders in the justice delivery chain.

Introduction of six IJCs marked yet other milestones innovation in

justice delivery. Court buildings constructed at international standards
and fitted with sophisticated facilities and accommodating all judicial
stakeholders stand superbly in Arusha, Dodoma, Mwanza, Morogoro,
Temeke and Kinondoni. We have reengineered business processes in
these centres to shorten the time spent in finalizing cases and enhance
efficiency in justice delivery.

H.E Samia Suluhu Hassan, the President ofthe United Republic of Tanzania
inaugurating IJC in Dodoma.

We extended High Court services by establishing two sub-registries in

Morogoro and Temeke. The Sub-registry in Morogoro has increased
the number of citizens with access to the HC services to 75%; saved
the household income of about Tshs. 240,000/ per civil case; reduced a
distance of 500 km for a litigant from Mahenge who had to travel such
a distance to Dar es Salaam; reduced about 7,500,000/ for attendance
of a civil case in Dar es Salaam; and reduced workload in the High
Court at Dar es Salaam Sub-registry. The One-Stop Centre fast tracks
matrimonial and probate matters and relieved the High Court of Dar es
Salaam the workload of matrimonial and probate matters.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Further, JoT operationalized district court services in Wanging’ombe

and Nyang’hwale Districts. These Districts were established in 2013
with no district court services until on 1st January and 31st December
2021 respectively. Citizens had to travel about 40 kilometres to Njombe
town and 80 km to Geita town to seek the district court services.

In the year under review, the JoT extended the primary court services
in Morogoro, Arusha, Kongwa and Temeke Districts. The services were
extended at Themi in Arusha, One-Stop Judicial Centre in Temeke,
Kibaigwa in Kongwa and, Kihonda and Bomani in Morogoro. The
sittings of these courts with exception of Bomani and Kibaigwa are
premised in IJC buildings.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Along with IJCs, JoT completed and started using 15 new and modern
court buildings with a view to improving the quality of court services.
These are Katavi Court of RM, Njombe Court of RM, Lindi Court of
RM, Makete DC, Wanging’ombe DC, Bunda DC, Bahi DC, Chemba
DC, Rungwe DC, Mtae PC in Lushoto, Matili PC in Mbinga, Hydom
PC in Mbulu, Ngerengere PC in Morogoro, Kibaigwa PC in Kongwa,
and Lugarawa PC in Ludewa.

2.10.1 Mobile Court Services

We value the right of every citizen to access justice. Our commitment
to the continued improvement of access to justice is uncompromised.
Mobile court services innovation continued to reach citizens in remote
areas thus reducing costs and improving access to justice. We finalized
866 cases in our mobile court service vans during this year.

Citizens attending court proceedings in a mobile court van.

A mobile court van.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

2.10.2 Simplification of Rules

During the year under review, we continued to improve access, efficiency
and transparency in our justice delivery system. The ChiefJustice issued
and reviewed various rules to embrace technology, reduce procedural
steps, and speed up trials. Eleven sets of rules addressing strategic issues
were made and published as shown in Table 7 below.

Table 6: Eleven Sets of Rules Addressing Strategic Issues

S/N Title of the Rules Purpose
1. The Criminal Procedure (Plea To expedite criminal trials by
Bargaining Agreement) Rules, 2021 regulating the practice and
GN No. 180 of 2021. procedure for entering into a plea
agreement.
2. The Judicature and Application To regulate the practice and
of Laws (Criminal Appeals and procedure for criminal appeals in
Revisions in Proceedings Originating district courts and High Court
from Primary Courts) Rules, 2021 in matters originating in primary
GN No. 390 of 2021 courts.
3. The High Court (Morogoro Sub­ To establish the High Court Sub­
Registry Establishment) Order, 2021 Registry at Morogoro.
GN No. 633 of 2021.
4. The Judicature and Application of To establish One-Stop Judicial
Laws (One-Stop Judicial Centre of Centre of Temeke at Temeke High
Temeke) (Establishment) Order, 2021 Court Sub-Registry.
GN. No. 640 of 2021.
5. The High Court Registries To establish High Court Sub­
(Amendment) Rules, 2021 GN. No. Registries at Temeke and
638 of 2021 Morogoro.
6. The Magistrates’ Courts (Variation of To vary the jurisdiction of
the Designation of the District Court Temeke district court to Dar es
for Matrimonial Matters and Probate salaam region for the purposes
and Administration Causes) Order, of hearing and determining of
2021, GN. No. 641 of 2021. matrimonial matters and probate
and administration causes in
original, appellate and revisional
jurisdiction.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Table 6: Eleven Sets of Rules Addressing Strategic Issues

S/N Title of the Rules Purpose
7. The Magistrates’ Courts (Powers of To grant the primary court of
the Primary Court in Matrimonial Temeke District at One-Stop
Matters and Probate and Judicial Centre jurisdiction over
Administration Causes) Rules, 2021, matrimonial matters and probate
GN. No. 639 of 2021. and administration causes arising
within Dar es Salaam Region.
8. The Judicature and Application To embrace the application of ICT
of Laws (Remote Proceedings and in justice delivery and expediate
Electronic Recording) Rules, 2021, civil trials by regulating the
GN. No. 637 of 2021. practice and procedure for remote
hearing and electronic recording of
proceedings.
9. The Civil Procedure Code To embrace application of ICT
(Amendment of the First Schedule) in justice delivery and expediate
Rules, 2021, GN. No. 760 of 2021. justice by:
i. introducing witness statement
in civil trials in lieu of
examination in chief; and
ii. allowing electronic recording of
evidence in civil matters.
10. Magistrates Courts (Njombe District To operationalize the district court
Court) (Concurrent Jurisdiction over services in Wanging’ombe District.
Wanging’ombe District) (Revocation)
Order, 2020 GN. No. 9 of 2021.
11. Magistrates Courts (Geita District To operationalize the district court
Court) (Concurrent Jurisdiction over services in Nyang’hwale District.
Nyang’hwale District) (Revocation)
Order, 2021 GN. No. 827 of 2021.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

CHAPTER
THREE

Skills Building and Jurisprudence

Development

3.1 Introduction
Skills Development is a key to sustainable quality assurance. We
understand that the citizens deserve better services. During the year
under review, we continued to build skills ofthe judicial and non-judicial
staff to enhance the quality of services we deliver to the citizens. We are
committed to further strengthen the training and skills development
of the judiciary and its stakeholders, thereby positioning the JoT as a
global centre for excellence. Equally, our courts continued to advance
jurisprudence going further and testing foreign waters. In this part, we
are pleased to share the areas in which we enhanced capacity to our
employees and new areas of interest developed by our courts.

3.2 Education and Training

During the year under review, JoT continued to enhance capacity of the
its judicial officers. A total of 1,446 judicial officers attended various
courses. A total of 1,411 attended short-term trainings, out of whom
1,078 attended virtual trainings. Further, 35 judicial officers attended
long-term trainings.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Judicial officers following a virtue training on Legal research skills

3.3 Landmark Decisions

We are happy to share some court decisions that set new principles or
opened up to new frontiers. There were many cases, however, because
of space, few CoA and HC decisions are shared herewith.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

CIVIL CASES

THE RIGHT OF THE LENDER TO RECOVER THE

BALANCE FOR INSUFFICIENT PROCEEDS ON THE
SECURITY
CRDB Bank PLC vs True Colour Limited & Another, Civil Appeal 29 of
2019) CoA — Dar es Salaam (Unreported).

This case settled the position over conflicting decisions in the High Court
on the same subject. The High Court had held that once a borrower defaults
in paying the loan and the lender exercising powers of sale proceeds against
the security, they could not recover the balance in case the proceeds from the
security were insufficient to pay the loan.

The Court ofAppeal arrived at this position after analysing the facts of the case,
considering the inefficiencies in the decisions of the High Court and visiting
various banking and economic principles applicable in the circumstance. It
held that in the absence of negligence or bad faith, a mortgagee who fails to
realise the full loan from the proceeds of the mortgage has a right of action
against the mortgagor on the personal covenant to pay if one is contained in
the mortgage, and if not, he still has a right of action on the debt against the
debtor, whether he be the mortgagor or a third party.

THE COURT CANNOT CONFER OR GRANT ACADEMIC

AWARD.
Jean-Bosco Ngendahimana vs The University of Dar es Salaam (UDSM),
Civil Appeal 304 of 2017, CoA — Dar es Salaam, (Unreported).

The appellant was a candidate at the University of Dar es Salaam, School of Law,
pursuing a PhD in Law. In his Viva Voce examination successfully defended
his thesis. Subsequently, the University put its machinery of academic quality
assurance in high gear where it was found that there was academic plagiarism
on the part of the appellant which amounted to academic dishonesty. The
appellant was discontinued from studies.

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Aggrieved by the discontinuation, the appellant filed a case before the High
Court for judicial review. He sought for orders of certiorari to quash the
decision discontinuing him from studies and an order of mandamus compelling
the University to confer him PhD degree in law. The High Court dismissed the
case and the applicant filed the appeal before the Court of Appeal.

The Court held that it could not interfere with academic matters of universities
through judicial review. The court gave reasons for such hesitations. It noted
that disciplinary proceedings in higher learning institutions lay at the heart
of academic excellence for which examination of any kind is a reliable
measurement tool of knowledge and skill of the candidates. The CoA stressed
that courts are not the appropriate machineries to compel academic institutions
to confer an academic award which is the exclusive monopoly of internal
academic mechanisms within the respective colleges and universities. Also, it
observed that such reluctancy is aimed at maintaining the integrity and quality
of academic awards.

RECEIPTS ARE NOT REQUIRED IN TAXATION OF

COSTS PROCEEDINGS.
Tanzania Rent a Car Limited vs Peter Kimuhu, Civil Reference No. 9 of
2020, CoA — Dar es Salaam, (Unreported).

The Court of Appeal in this case brings to an end an unbroken chain of

conflicting decisions in the High Court on the matter. Previously, the High
Court had two positions. Some decisions emphasized that the failure to attach
an electronic receipt on the bill of costs proving instruction fees renders the bill
incompetent. Other decisions were of a contrary opinion and held that such
bills were without problem provided the instruction fees are within the scales
provided.

The Court of Appeal cleared the air by holding that instructions fees could be
awarded without necessarily producing the receipt in taxation of costs. The
Court observed that in taxation of costs, the taxing officer, among others, is
expected to determine the quantum of the said fees in accordance with the cost
scales statutorily provided.

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THE HIGH COURT CANNOT STAY WINDING UP

PROCEEDINGS TO PAVE THE WAY TO ARBITRATION.
North Mara Gold Limited vs Diamond Motors Limited, Civil Appeal No.
29 of 2017) CoA — Dar es Salaam (Unreported).

In this case, the Court of Appeal held that the High Court cannot grant a
petition for stay of the winding up of a company to pave a way for arbitration
proceedings. The Court noted that if the winding proceedings have stayed,
it will offend the provision of Section 275 of the Companies Act and will be
tantamount to surrendering of the winding proceedings to arbitration, while
the said powers are exclusively vested to the High Court.

EVIDENTIAL VALUE OF DOCUMENTS ATTACHED ON

THE AFFIDAVIT
Nitro Explosive (T) Limited vs Tanzanite One Mining Limited, Civil Appeal
No. 175 of 2019) CoA — Dodoma, (Unreported).

Documents annexed to the affidavit have to be considered without the need for
tendering them. The Court explained the rationale. It observed that an affidavit
is evidence and the annexure thereto is intended to substantiate the allegations
made in the affidavit. Unless it is controverted, therefore, the document can be
relied upon to establish a particular fact.

A PROPERTY OWNED BY A THIRD PARTY CAN BE

PLEDGED AS SECURITY FOR DUE PERFORMANCE OF
THE DECREE.
The Registered Trustees of Vignan Educational Foundation Bangalore,
India & Another vs National Development Corporation, Civil Application
No. 469/17 of 2019, CoA — Dar es Salaam, (Unreported).

The Court of Appeal Rules set conditions that an applicant must meet to secure
an order of stay of execution of a decree pending appeal. Among others, the
applicant must deposit security for the performance of a decree. In this case,
the court took the issue to a next level. It noted that such property for security
needs not to be owned by the applicant.

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Even a property owned by a third party may be accepted if the said third party
undertakes an affidavit to offer his or her property as security. If the property
belongs to corporate persons, it was directed that there must be a Special Board
Resolution duly made by the respective corporate persons in respect of that
property.

PROVING CONSTRUCTIVE DISMISSAL OR

CONSTRUCTIVE TERMINATION
Kobil Tanzania Limited vs. Fabrice Ezaovi, Civil Appeal No. 134 of 2017)
CoA — Dar es Salaam, (Unreported).

The court explained the three requirements that must be proved to establish
constructive dismissal. The requirements are: first, the employee must have
terminated the contract of employment; second, the reason for termination
of the contract must be that continued employment has become intolerable
for the employee; and third, it must have been the employee’s employer who
had made continued employment intolerable. These all requirements must
be proved cumulatively to establish a constructive dismissal and lack of one
requirement constructive dismissal is not established.

On the other hand, for constructive dismissal to exist, the employee’s act to
resign must be one of last resort. An employee must exhaust all available means
of dispute resolution at the place of work. Further, unlike all other dismissals,
where an employee claims that they have been constructively dismissed, the
burden of proof is placed upon them to prove that their resignation was justified
and that they exhausted all other avenues of resolution before they resigned
from their position.

CIVIL CONTEMPT OF COURT MUST BE PROVED

BEYOND REASONABLE DOUBT.
Exim Bank Tanzania Limited vs Halai, Miscellaneous Commercial
Application No. 105 of 2021, High Court of Tanzania, Commercial Division
at Dar es Salaam, (Unreported).

In this case, the High Court was called to find the respondent guilty of
contempt of court in civil proceedings. After visiting the position applicable
in other jurisdictions, the Court set the principles required to prove contempt

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

of court in a civil suit. It held that the respondent must be shown to have had
proper notice of the terms of an order alleged to have been breached. Also, it
held that the applicant must prove that the respondent breached the said order.

As to the standard of proof required in such a case, the Court held that it is that
applicable in criminal cases. This means that the breach must be proved beyond
a reasonable doubt. The Court gave the rationale for raising the standard of
proof to such a level. It noted that if the contempt is proved, it may carry penal
consequences, even loss of liberty thus the evidence required to establish it
must be appropriately cogent.

THE RATIONALE OF NOTIFYING THE ATTORNEY

GENERAL OF THE PROCEEDINGS BY THE
GOVERNMENT
The Board of Trustees of the National Social Security Fund vs Katavi
and Kapufi Limited, Civil Case No. 01 of 2019, High Court of Tanzania at
Sumbawanga, (Unreported).

Why is it necessary for a government entity to notify the Attorney General

before the institution of a suit? Section 6A (3) of the Government Proceedings
Act provides that any government entity should notify the Attorney General
before instituting a suit in favour of the government. In this case, the Court
took a task to explain the rationale of the law.

The Court notes that the law aims at avoiding or minimizing cases in which
the Attorney General may find himself forced to join proceedings in which the
government has an interest, at later stages say, during appeal or execution stage
without having been on record of the trial court at all. It also gives the Attorney
General an opportunity of properly supervising interests of the government
in litigations. As to the consequences of a suit lacking the notification, the
court held that such a suit instituted by the government without the proof of a
notification to the Attorney General is liable to be struck out.

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LIABILITY OF A UNIVERSITY ON THE INJURIES

SUFFERED BY HER STUDENT ON A TOUR
University of Iringa vs Almas Twaha Msuya, Civil Appeal No. 8 of 2020,
High Court of Tanzania at Iringa, (Unreported).

The Court dealt with an injury to a university student arising out of the
study tour. The court held that the University like any other entities should
accept responsibility for the risks they chose to run and that they owe the
common duty of care. The Court went further to find that a duty of care by
the university to her students arises soon after the student is enrolled and issued
with the student identification card. The Court found the University liable for
negligence because it had failed to ensure safety and reliable transport to its
students during the study tour to Ruaha National Park. Thus, the University
was held liable for the injuries sustained by its student on different parts of his
body.

CRIMINAL CASES
THE ELECTRONIC EVIDENCE AND PROOF OF THE
OFFENCE OF MONEY LAUNDERING
Stanley Murithi Mwaura vs Republic, Criminal Appeal 144 of 2019, CoA —
Dar es Salaam, (Unreported).

Three important areas were discussed in this case. The first is on the omnibus
procedures of reading charges to the accused person facing multiple charges.
Generally, it is the rule of law that the charge should be read to the accused
person. However, the Court found that in situations where the accused faces
multiple charges and the trial court fails to record that all charges were read
and the pleas were taken separately, that omission will not be held fatal if the
accused was present and had legal representation. The Court went further to
find that such omission is curable especially where it is shown that the accused
understood the charge and his defence was not prejudiced.

On electronic evidence, the Court found that the electronic evidence

is admissible if the computer systems from which they were stored and
mechanically generated are proved to be sound.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

On proving the offence of money laundering, the Court held that the
prosecution needs not to prove the process of laundering the money i.e.,
placement, layering and integration. Proving that the suspect dealt with the
proceeds of a predicate offence by engaging in a transaction involving such
proceeds is sufficient.

COURT DECISIONS OPERATE RETROSPECTIVELY.

DPP vs Iddi Hassani Chumu & Another, Criminal Appeal No. 430 of 2019)
CoA— Arusha (Unreported).

Generally, a law has no retrospective operative effect. That is not the same
position as court precedents. In this case, the Court of Appeal held that
judicial decisions which set a precedent in law do have retrospective effect.
The Court went further to note that a court decision applies retrospectively
to all the persons who, prior to the decision, suffered the same wrong or a
wrong, whether as a result of the application of an invalid statute or otherwise,
if they are entitled to bring proceedings seeking the remedy in accordance with
the ordinary rules of law such as a statute of limitation. It will also apply to
cases pending before the Courts. That is to say that a judicial decision may be
relied upon in matters or cases not yet finally determined. The Court however
made an exception to the retrospective application of the court decision to cases
already finally determined.

THE JURISDICTION OF THE HIGH COURT

OF TANZANIA OVER TERRORISM OFFENCES
COMMITTED IN ZANZIBAR
Republic vs Farid Hadi Ahmed & 35 Others, Criminal Sessions Case No.
121 of 2020, High Court of Tanzania at Dar es Salaam, (Unreported).

The United Republic of Tanzania is a unique union, each side of the Union
with its relatively independent judicial setup. The Constitution of the United
Republic confers jurisdiction to the High Court over the whole ofTanzania. The
Court, in this case, observes that, although Article 115(2) of the Constitution
confers concurrent jurisdiction on the High Court of the United Republic and
the High Court of Zanzibar, the condition precedent is that such jurisdiction
must be in respect of a law whose application touches both sides of the union.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

The Court noted that although the Prevention of Terrorism Act applies to
both sides of the Union, the term “court” as defined under the said law limits
the involvement of the High Court of the United Republic of Tanzania in
Zanzibar. The High Court of the United Republic ofTanzania has jurisdiction
where offences alleged were committed within the local limits of the Court.
The Court concluded that for the offences which are alleged to have been
committed in Zanzibar or the consequences thereof ensued in Zanzibar, the
proper forum to inquire into or try the accused persons is the High Court of
Zanzibar.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

CHAPTER
FOUR

The Enhancement of Public Trust

4.1 Introduction
The need to enhance public trust in the services rendered by the
Judiciary is critical in the administration of justice. The JoT continued
to conduct monitoring and evaluation of judicial functions, publish
various documentations to enhance access to court information, and to
improve responsiveness to citizens’ queries and complaints.

4.2 Supervision and Inspection of Court

Number of Court Inspected at
In the year 2021, inspections of courts
different Court level in 2020 and 2021 were conducted to ensure quality of
judicial services. The average number of
courts that were inspected has increased
from 67.9% in 2020 to 97.7% in 2021.
The increase was due to strengthening of
supervision and inspection systems.

The inspection findings revealed a

drop of repetitive issues and an increase
of efficiency in court services. This
was triggered by the monitoring and
evaluation of the inspection results,
increased training, strategic recruitment,
and infrastructure improvement.

Figure 8: Number of Court Inspected

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

4.3 Performance Evaluation

The JoT continued to review and evaluate the performance of judicial
officers aiming at improving accountability and quality of services. The
process has resulted in the decrease of number of inspection issues,
improvement of court performance, and strengthening of ethics.
Further performance evaluation findings have assisted the leadership in
making informed decisions.

4.4 Complaints Handling and Public Feedback

Complaints handling and public feedback systems assist the JoT in
identifying risky areas, reviewing organisational performance and fixing
appropriate controls to maximize efficiency in judicial services.

By the end of 2020, a total of 46 complaints remained pending. For

the period under review, 2,945 complaints were recorded countrywide.
This is by 5% higher than the number of complaints received in 2020
which stood at 2,799. A total of 2,960 complaints equivalent to 99%
were handled. This is a 1% raise of the complaints handled compared
to the previous year.

Table 7: Types and Number of Complaints Received in 2021 in Comparison with

the Number of Complaints Received in 2020

Types of complaint 2020 2021

Copies of Judgments 408 346
Case Hearing 1052 994
Bail 46 25
Execution 486 450
Delivery of Judgment 54 41
Issuance of court documents 15 21
Ethics 11 8
Other services 727 1060
TOTAL 2799 2945

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

The statistics in Table 8 indicate a decrease in complaints related

to judicial services and an increase of complaints in other services
comparatively between 2020 and 2021. We have been closely following
complaints related to other services which arise from services delivered
by our stakeholders. We are working on our engagement strategies to
address these issues.

4.5 Enhancement of Judicial Values and Ethics

Adherence to the ethics in the dispensation of justice is an essential
component for enhancing efficiency, improving accountability, and
building public trust. The Code ofConduct for Judicial Officers provides
standards that should not be compromised in the administration of
justice. A slight deviation from the Code is taken seriously and attracts
deserving sanctions. For the period under review, a total of 16 judicial
officers were charged for violating the Code of Conduct, in which two
were dismissed from the judicial services; seven were retired for public
interest; and other seven were cleared and reinstated.

4.6 Publications
In 2021 JoT issued various publications including law reports, manuals,
guidelines, the Clients Service Charter, and the Haki Bulletin. These
documents were meant to enhance jurisprudence, increase access to
justice, and raise public awareness.

4.6.1 Manuals
The Tanzania Sentencing Manual
for Judicial Officers provides a
useful guide to judicial officers
and criminal justice stakeholders
on the procedure before, during
and after sentencing. It also
provides, with reference to
specific offences, the minimum
and maximum sentences and
factors to be taken into account
in accessing appropriate sentence.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

4.6.1 The Law Reports and Online Court Decisions

In 2021, the Tanzania
Law Reports (TLR) for
the oears 2007 to 2020
anL the Loh our CouO
Case D iLest 2016 to
0018 were published.

ta embracing uts ef fCT

and easing accets to ceurt
detisions, parallat with
Cae rn harclsopies, JsT
Cui °so rels^ad there
Law Reports in a web­
based on-line platform.
Picture ofthe Law Reports of Tanzania for years 2007 to
2020published in 2021

JoT has also, on daily

u asis, continued to
publish TanzLIU the
High Ceurt tod Cours of
Appe al Dtrtsiaas. Tlrere
online publicniieas
hate aleoatad Tanaania
ns tCa leading leg^
information instarne in
the world.

TanzlII analytical web data showing top ten users

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

4.6.2 Index of Principal and Subsidiary Legislations

In making sure legal materials are
available and accessible for free, the
JoT in 2021 issued two indexes; one for
Principal Legislations and the other for
Subsidiary Legislations. The two indexes
are for all laws, rules and regulations
issued between the year 1961 and 2020.
The Indexes will be of great help to
all lawyers, businessmen, consultants,
politicians, publishers and persons who
are interested in keeping pace with the
change and development of laws of the
country.

4.6.3 Haki Bulletin

In 2021 JoT continued

to publish Haki Bulletin,
in which a total of 6,000
hardcopies were published
and circulated.

To embrace ICT, an
e-copy of each issue was
published online in the
Judiciary website for ease
of access by the public.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

CHAPTER
FIVE

Application of ICT in Dispensation of Justice

5.1 Introduction
The Judiciary of Tanzania continued to apply ICT in the dispensation
of justice. This is demonstrated through the use of e-filing, e-payment,
e-notification, audio visual recording, video conferencing and
teleconference, virtual court, primary Court Mobile Tz, and the e-case
management system.

5.1.1 e-Case Management System

The year 2021 continued to witness JoT dedications to the use of ICT
in justice delivery. This time JSDS2, the inhouse built system for case
management was substantially updated. The major updates to the
system were on proceeding templates, electronic case filing, electronic
payments, and SMS notifications, to mention a few.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

5.1.1.1 e-Filing, e-Payment and e-Notification

Advocates and litigants can access Receive

court registries and lodge their cases
electronically. In the year 2021, Response
a total of58,126 cases were filed JoT
electronically. Online access to court
services has increased transparency and (JSDS2) \
accessibility ofcourt services 24/7 with
less physical contact. e-payment

PAY

The integration ofJSDS2 with the JSDS2 has continued to provide

Government Electronic Payment instant electronic notifications
Gateway (GePG) allows advocates through SMS and emails to court
and litigants to pay courtfees at their users upon admission ofa case,
fingertips free from bureaucracy and fee assessment, scheduling and re­
without limitation ofworking hours. scheduling ofa case, and any issue
related to case management.

5.2 Primary Court Mobile Application

In 2021, JoT introduced the Primary Court Tz, an inhouse mobile
application dedicated for case data collection in primary courts. The
application is available at Play Store for smartphones with Android
Operating Systems. The App has been integrated with JSDS2 system
to produce real-time data and reports for evaluation and monitoring of
primary courts.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Primary court App collects

information automatically Higher Courts
and instantly synchronizes
JoT can retrieve primary court
with JSDS2.
case information through
JSDS2 for monitoring,
evaluation and reporting.

5.3 Judiciary Mobile Application

In 2021 JoT extended its services to the public by innovating a mobile
application known as Judiciary Mobile Tz. The application has zero
access restriction to case details and cause list. The application is
designed to provide a room for a public to give their feedback about
the court services in their fingertips. The application is available at
Play Store for smartphones with Android Operating Systems and has
reduced the congestion of public and advocates in court houses seeking
case information.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Judiciary Mobile Tz

I
I
I
I
V
Case Search Module Feedback Module

The module provides basic This module

case information. Search is provides a room
by case reference number or
Cause List Module for the public to
the followingfields: The module give feedback about
provides the cause­ court services by
a. Case Number, filling the specified
list per court orper
b. Case Year, form.
individualjudge/
c. Case Type, and magistrate.
d. Court Name.

5.4 Virtual Court, Video Conferencing and

Teleconference
In 2021, JoT continued to update its virtual court system with the view
to improve video and teleconferencing facilities. The use of video and
teleconference in conducting court proceedings has drastically reduced
costs and decreased time of litigation. From January to December
2021, a total of 17,979 court proceedings were conducted virtually by
video or teleconference. This has served costs and time for the judiciary,
prosecution, prison services, and other stakeholders.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

A cross-section ofthe picture showing a court proceeding conducted through

video conference facilities

Along with being used for conducting virtual courts, the virtual court
facilities are used to conduct online trainings and hosting virtual
meetings. In the year under review, 743 judicial officers underwent
online trainings. Further, seven meetings were conducted using these
facilities and 621 petitioners for enrollment as advocates appeared
virtually before the Chief Justice.

5.5 Audio-Visual Recording

The JoT continued to use the audio-visual recording facilities in 2021.
Recordings generated audio-visually were stored electronically in a
database attached with specific case details for ease record retrieval.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

CHAPTER
SIX

Matters Related to Stakeholders

6.1 Introduction
Stakeholders engagemment is an essential tool for effective and efficient
justice delivery. JoT stakeholders include, but not limited to, Tanganyika
Law Society, National Prosecution Service, Solicitor General, Police
Force, Prison Service, Court Brokers, and Process Servers. Stakeholders
were actively engaged in case management forums and the Law Week
celebrations to mention but a few. Number of advocates, court brokers
and process servers have direct impact in the administration of justice.
On this ground, JoT continued performing its statutory mandate of
licensing advocates, court brokers and process servers.

6.2 Roll of Advocates

In the year 2021, two admission ceremonies were held whereby 621
advocates were admitted and enrolled. This raised a number of advocates
on the roll from 10,128 in 2020 to 10,749 in 2021.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

His Lordship Prof. Ibrahim Hamis Juma, the ChiefJustice ofthe United Republic
of Tanzania addressing the public during Advocate Admission Ceremony held on
10th December 2021 at the Karimjee Hall in Dar es Salaam.

A section ofnewly admitted advocates subscribing to an Oath ofthe Advocate

ofthe High Court on 10th December 2021 before His Lordship Prof. Ibrahim
Hamis Juma, the ChiefJustice ofthe United Republic of Tanzania.

6.3 Appointment and Discipline of Court Brokers and

Process Servers
The Court Brokers and Process Servers (Appointment and Disciplinary)
Committee held four meetings for transancting its business. The
committee licenced 19 court brokers and 14 process servers. This
increased a number of court brokers from 65 in 2020 to 85 in 2021.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Equally the number of process servers increased from 49 in 2020 to 75

in 2021. The increased number of court brokers and process servers
improves efficiency in execution of court orders and service of court
processes.

The discipline of Court Brokers and Process Servers is directly related

to the court image. In the year under review, four complaints against
court brokers were received. Three complaints were handeled and one
remained pending at the end of 2021. The three handled complaints
resulted to one court broker’s appointment being revoked and two
court brokers reprimanded.

6.4 Case Flow Management Committees

Three National Case Flow Management Committee meetings which
bring together all criminal justice stakeholders were conducted. They
deliberated on matters affecting criminal justice in Tanzania and
they made important recommednations to improve administration
of justice. Among the important resolutions that were made include
stakeholders to increase application of ICT and information sharing;
increasing number of court sessions conducted through the use of video
conferencing; and social welfare officers to attend court proceedings
involving juveniles.

Standing in the picture is Hon. Wilbert Chuma, the ChiefRegistrar stressing a

point during the opening ofthe National Case Flow Committee meetings held on
23rd April 2021. Seated on his right is Hon. Sharmilla Sarwart, the Registrar
ofthe High Court and the Chairperson ofthe National Case Flow Management
Committee.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

A section ofmembers ofthe National Case Flow Management Committee

attentively following the ChiefRegistrar’s speech during the opening ofthe
National Case Flow Committee meeting.

6.5 The Law Week and Law Day Celebrations

The Judiciary ofTanzania fully engaged its stakeholders in the 2021 Law
Week celebrations. The event was celebrated at national, zonal, regional
and district level countrywide. At the national level, the celebrations
were officiated by Her Excellency Samia Suluhu Hassan, the then Vice
President of the United Republic of Tanzania on 23rd January 2021
in Dodoma. The event was followed by exhibitions that were used to
disseminate information to the public including history of the judiciary
in the country and the services it offers to the citizens.

Her Excellency Samia Suluhu Hassan, the then Vice-President ofthe United
Republic ofTanzania addressing the public attending the opening ofthe Law
Week Ceremony on 23rdJanuary 2021.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Her Excellency Samia Suluhu Hassan, the then Vice President ofthe United
Republic of Tanzania receiving explanations from His Lordship Dr. Elieza Mbuki
Feleshi, the then Jaji Kiongozi when she visited a pavilion in the Law Week
exhibitions at the Nyerere Square in Dodoma on 23rdJanuary 2021.

Hon. Prof. Adelardus Kilangi, the then Attorney General signing visitor’s book
during the Law Week exhibitions held at the Nyerere Square in Dodoma in
January 2021.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Some ofthe citizens who visited the Law Week exhibitions in 2021.

After six days of exhibitions, the Judiciary celebrated the Law Day to
mark the start of the court businesses in the year 2021. The colourful
event was graced by His Excellency the late Dr. John Pombe Magufuli,
the then President of the United Republic ofTanzania. The celebrations
were well attended by various distinguished dignitaries and the citizens
from all corners of Dodoma City.

His Excellency the Late Dr. John Pombe Magufuli, the President ofthe United
Republic ofTanzania addressing the Judiciary staffand other people who attended
the Law Day celebrations held at Chinangali Park in Dodoma on 01st February
2021.
COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

6.6 Celebrating 100 Years of the High Court of the

United Republic of Tanzania
In the year 2021, the High Court ofTanzania commemorated 100 years
of dedicated services to the people of Tanzania. The commemorations
were coloured by various activities and events across the country. It was
an opportunity for the High Court to share its history and demonstrate
its importance to in promotion of peace and stability for the sustainable
development of the country.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

CHAPTER
SEVEN

Celebrated Events in 2021

H.E. Samia Suluhu Hassan, the President ofthe United Republic of Tanzania
inaugurating six IntegratedJustice Centres

The ChiefJustice Inaugurating Kibaigwa Primary Court on 7th October 2021

The ChiefJustice Launching the High Court Labour Case Digest on 22nd
November 2021

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

First Court of Appeal Sessions in Kigoma on 28th June 2021 and in

Musoma on 18th October 2021

His Lordship the ChiefJustice ofTanzania, Prof. Ibrahim H. Juma inspecting the guard
mounted to honour the ChiefJustice to mark the starting ofthe Court ofAppeal sessions in
Kigoma and Musoma.

100 Years of the High Court

The Launch of the Judiciary Strategic Plan 2020/21-2024/25

His Lordship Prof. Ibrahim H. Juma, the ChiefJustice ofthe United Republic ofTanzania
launching a new Judiciary Strategic Plan on 21st May 2021. Accompanying the ChiefJustice
are Mr. Julius Kalolo Bundala, the Commissioner ofthe Judicial Service Commission, Mr
Mathias Kabunduguru, the Chief Court Administrator, His Lordship Eliezer M. Feleshi, the
then Jaji Kiongozi and Hon. Wilbert M. Chuma, the ChiefRegistrar.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

The High Court gets new Jaji Kiongozi

His Lordship Mustapher M. Siyani, the Jaji Kiongozi taking the oath ofan office on 8h
October 2021

Hon. Dr. Eliezer M. Feleshi, the former Jaji Kiongozi ofHigh Court ofTanzania taking
the oath ofthe office ofAttorney General on 12th September 2021

Hon. Justice Iman Aboud appointed the President ofthe African Court ofHuman and
Peoples’ Rights on 31stMay 2021

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

A new Chief Court Administrator Prof. Elisante Ole Gabriel taking the oath ofan office
before Her Excellency Samia S. Hassan, the President ofthe United Republic of Tanzania
and thereafter being warmly welcomed in the office by the Judiciary staffon 21st August
2021.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

CHAPTER
EIGHT

Conclusion
The report has reviewed judiciary performance on the core functions for the
year 2021. It is a reflection of what the judiciary did in the justice delivery
system for the year 2021. In exhibiting its performance, the judiciary through
this report has presented various statistical data for every court level revealing
the extent of justice delivery through case disposal by the court.

The performance ofthe judiciary has been attributed by various factors including
enhancing capacity building, the application of ICT, supply of working tools,
recruitment to magnify the work force, and stakeholders’ engagement in the
justice delivery system. The judiciary on its part has also been acting as a catalyst
towards performance through regular supervision and inspection to check for
the performance standards.

The improvements in justice delivery field have been noted by using a

metaphorical strategy between the year 2020 and 2021 statistical data.
According to the gathered statistical data, there are notable changes in the
justice delivery measured from the year 2020 and 2021 target set as a standard
period of time from filing of a case to its determination. A notable leap in the
disposal and clearance rates is a big achievement on the part of the judiciary.
As it has been seen in the report, the time spent by most of the courts in the
hierarchy from filing a case to determination has decreased from the period set
as a target.

The appetency for high achievements has been fulfilled in areas of case disposal
and backlog reduction. The report has revealed the fall in backlog and high
disposal rate attributed to the rise of the number of Justices of Appeal.

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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

Besides, the report has shown that the CoA successfully held its scheduled
sessions, yet the number of filed cases seems to increase as compared to the year
2020. The significant achievement in performance has been attributed to the
proportional increase in number of Justices of Appeal and Judges of the High
Court in relation to the workload.

The report has further revealed the decrease of the backlog cases in Courts
of RM and DCs irrespective of cases in which the courts lack jurisdiction.
Had it been the investigation were made complete, these cases would have
been subjected to committal proceedings to shift the burden to the HC who
have competent jurisdiction to try the committed cases. The report therefore
suggests and calls upon all criminal justice stakeholders including the National
Prosecution Service to indeed urge the investigation for the subordinate courts
to expedite the committal proceedings or the DPP should timely confer
jurisdiction to the subordinate courts with a view to clear the remaining case
backlog notable in courts.

The report has also revealed that the use of resident magistrates with extended
jurisdiction has immensely contributed to the decrease of backlog cases. The
report has further shown that the number of cases disposed by Resident
Magistrates with extended jurisdiction has increased as compared to the year
2020. While the HC is strategizing on clearing the remaining backlog cases
seen in the High Court, the same is Court is encouraged to continue using the
resident magistrates with extended jurisdiction by transferring the cases from
the High Court to the resident magistrates with extended jurisdiction because
the strategy has proved a success.

On the other hand, the report has revealed indicators for access to justice.
According to the report, access to justice has increased through operationalizing
new courts for both DCs and PCs in the year 2021. Despite the operationalization
of the new courts yet by geographical location of the courts, large number of
people in peripheral areas travel long distance to fetch justice. The report has
further revealed the efforts by the JoT in using the mobile courts to complement
ordinary court services to the far-reaching areas.

The revealed decrease of number of days spent from filing the case to the point
of determination has been attributed by, among others, simplification of rules
which decreased procedural steps and other bureaucracies in case filing, serving,
hearing, and judgment delivery including execution.

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 COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

The report has also demonstrated that there had been an increase in application
of ICT in justice delivery system. For example, it has been shown that ICT
is being applied from the date of case filing, hearing and judgment delivery
through video conference and other means. ICT has saved citizens time to travel
to the court to file a case or attend a court to receive judgment. It is evident
that, a litigant could simply remain at home and still receive a judgment or any
other order of a court. ICT has also saved money spent for frequent visitation
to a court for court sessions through payment of transportation, because
now clients, in some scenarios, do not need to physically attend a court. The
court can now reach both criminal and civil justice stakeholders through the
application of ICT.

The report has also revealed that there is key stakeholders engagement in both
criminal and civil justice systems whereby JoT has continued to closely monitor
the ethics of court brokers and process servers during execution of court orders.
The Judiciary of Tanzania has continued to appoint more court brokers and
process servers with a view to increasing their numbers to enhance judicial
service delivery.

It is evidenced in the report that the JoT is committed and ready to ensure that
justice can easily be accessible. So far, the Government of the United Republic
of Tanzania has demonstrated its inalienable support towards realizing these
milestones, for which JoT is infinitely grateful. The ball is in our court; we
must champion the cause and walk a talk. We undertake to do that, and
we have already embarked on the journey!

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 ANNEXTURE I - HIGH COURT DIVISIONS AND SUB-REGISTRIES CASE STATISTICS -
2021
Registry Filed Deci­ Pending Num­ Aver. Aver
Pending Jan- ded Jan-Dec ber of Of of Clear­ Dispo­
as at Dec Jan- 2021 Judges Cases Work­ ance sal
Decem­ 2021 Dec Deci­ load Rate Rate
ber 2021 ded per
2020 Judge

ANNEXURES
Labor Division 2,200 1,603 2,235 1,568 4 559 951 139 59
Bukoba 1,227 930 1,271 886 4 318 539 137 59
Mtwara 457 410 539 328 2 270 434 131 62
Iringa 513 468 597 384 3 199 327 128 61
Arusha 1,598 1,116 1,423 1,291 6 237 452 128 52
Tanga 658 535 663 530 3 221 398 124 56
Tabora 551 431 533 449 2 267 491 124 54
Land 1,982 1,785 2,205 1,562 9 245 419 124 59
Mbeya 861 946 1,136 671 5 227 361 120 63
Dodoma 959 804 954 809 3 318 588 119 54
Songea 123 214 234 103 2 117 169 109 69
 ANNEXTURE I - HIGH COURT DIVISIONS AND SUB-REGISTRIES CASE STATISTICS -
2021
Registry Filed Deci­ Pending Num­ Aver. Aver
Pending Jan- ded Jan-Dec ber of Of of Clear­ Dispo­
as at Dec Jan- 2021 Judges Cases Work­ ance sal
Decem­ 2021 Dec Deci­ load Rate Rate
ber 2021 ded per
2020 Judge
Shinyanga 605 606 640 571 3 213 404 106 53
Moshi 362 531 556 337 3 185 298 105 62
Dar es salaam 2,992 2,268 2,354 2,906 8 294 658 104 45
Mwanza 931 1,390 1,378 943 6 230 387 99 59
Commercial 590 605 582 613 4 146 299 96 49
Division
Kigoma 127 446 410 163 2 205 287 92 72
Main Registry 27 86 76 37 3 25 38 88 67
Musoma 428 1,069 943 554 3 314 499 88 63
Sumbawanga 283 421 298 406 2 149 352 71 42
Uhujumu 16 30 20 26 2 10 23 67 43
Uchumi
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COMPREHENSIVE PERFORMANCE REPORT OF THE JUDICIAL FUNCTIONS - 2021

ANNEXTURE I - HIGH COURT DIVISIONS AND SUB-REGISTRIES CASE STATISTICS -
2021
Registry Filed Deci­ Pending Num­ Aver. Aver
Pending Jan- ded Jan-Dec ber of Of of Clear­ Dispo­
as at Dec Jan- 2021 Judges Cases Work­ ance sal
Decem­ 2021 Dec Deci­ load Rate Rate
ber 2021 ded per
2020 Judge
Temeke - 132 20 112 2 10 66 15 15
Morogoro - 189 28 161 3 9 63 15 15
Sub Total/ 17,490 17,015 19,095 15,410 84 227 411 112 55
Average
 ANNEXTURE II - COURT OF RESIDENT MAGISTRATES CASE STATISTICS - 2021
COURTS Pending as Filed Decided Pending Number Workload Clearance
at Dece­ Jan-Dec Jan- Dec Dec of Magi­ per each Rate Dispasal
mber 2020 2021 2021 2021 strates Magi­ Rate
strate
Songwe 201 126 270 57 3 109 214 83
Shinyanga 352 182 388 146 3 178 213 73
Arusha 1,088 560 1,101 547 3 549 197 67
Mbeya 440 231 410 261 1 671 177 61
Bukoba 453 355 612 196 6 135 172 76
Moshi 260 171 289 142 3 144 169 67
Njombe 203 142 231 114 1 345 163 67
Kivukoni 1,006 772 1,246 532 5 356 161 70
Morogoro 582 387 615 354 3 323 159 63
Simiyu 50 41 57 34 2 46 139 63
Lindi 30 36 50 16 1 66 139 76
Geita 299 446 578 167 2 373 130 78
Songea 48 32 40 40 2 40 125 50
 ANNEXTURE II - COURT OF RESIDENT MAGISTRATES CASE STATISTICS - 2021
COURTS Pending as Filed Decided Pending Number Workload Clearance
at Dece­ Jan-Dec Jan- Dec Dec of Magi­ per each Rate Dispasal
mber 2020 2021 2021 2021 strates Magi­ Rate
strate
Mwanza 293 364 433 224 3 219 119 66
Kisutu 1,187 956 1,087 1056 11 195 114 51
Dodoma 205 252 285 172 4 114 113 62
Musoma 176 307 338 145 6 81 110 70
Kibaha 183 248 273 158 3 144 110 63
Kisutu Juvenile 140 640 695 85 2 390 109 89
Sokoine 126 519 552 93 3 215 106 86
Tabora 258 344 349 253 4 151 101 58
Singida 137 236 232 141 3 124 98 62
Katavi 86 160 155 91 2 123 97 63
Kigoma 23 96 93 26 1 119 97 78
Tanga 169 263 254 178 3 144 97 59
Mtwara 51 189 169 71 2 120 89 70
 ANNEXTURE II - COURT OF RESIDENT MAGISTRATES CASE STATISTICS - 2021
COURTS Pending as Filed Decided Pending Number Workload Clearance
at Dece­ Jan-Dec Jan- Dec Dec of Magi­ per each Rate Dispasal
mber 2020 2021 2021 2021 strates Magi­ Rate
strate
Sumbawanga 78 93 73 98 2 86 78 43
Manyara 114 310 210 214 2 212 68 50
Iringa 263 105 63 305 2 184 60 17
Total/Average 8,509 8,563 11,148 5,924 88 194 130 65
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
URAMBO 183 172 265 90 4 89 154 75
MUFINDI 210 224 340 94 3 145 152 78
KOROGWE 118 171 247 42 3 96 144 85
KILOMBERO 438 484 676 246 3 307 140 73
NGORONGORO 41 52 68 25 1 93 131 73
IGUNGA 196 282 365 113 2 239 129 76
TANGA MJINI 244 226 292 178 2 235 129 62
SINGIDA 219 321 411 129 2 270 128 76
PANGANI 47 91 116 22 2 69 127 84
BARIADI 321 378 472 227 2 350 125 68
SAME 148 312 389 71 2 230 125 85
MBINGA 137 239 292 84 3 125 122 78
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
RUANGWA 61 151 184 28 2 106 122 87
MWANGA 179 239 291 127 3 139 122 70
BABATI 285 363 440 208 3 216 121 68
ILALA 1,106 2,032 2,420 718 10 314 119 77
MPWAPWA 175 279 332 122 3 151 119 73
NZEGA 108 227 270 65 5 67 119 81
KYELA 170 354 417 107 3 175 118 80
CHATO 111 282 332 61 2 197 118 84
KILOLO 69 150 174 45 2 110 116 79
MANYONI 364 350 403 311 3 238 115 56
IRINGA 254 479 496 237 2 367 104 68
SONGEA 204 348 399 153 2 276 115 72
MUSOMA 280 458 524 214 2 369 114 71
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
TARIME 478 656 747 387 3 378 114 66
ULANGA 119 194 220 93 2 157 113 70
KISARAWE 76 106 118 64 3 61 111 65
KARAGWE 214 480 531 163 4 174 111 77
ROMBO 186 374 413 147 3 187 110 74
UKEREWE 43 169 185 27 2 106 109 87
TEMEKE 717 1,319 1,433 603 4 509 109 70
LINDI 43 178 193 28 2 111 108 87
MAGU 90 408 442 56 2 249 108 89
MTWARA 88 228 245 71 1 316 107 78
KWIMBA 95 210 225 80 2 153 107 74
MBULU 74 146 156 64 2 110 107 71
LUDEWA 42 91 97 36 2 67 107 73
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
KIGAMBONI 128 302 321 109 3 143 106 75
HANDENI 252 338 357 233 2 295 106 61
NGARA 118 376 396 98 2 247 105 80
NKASI 119 264 277 106 2 192 105 72
RUNGWE 80 255 266 69 2 168 104 79
MBARALI 158 485 505 138 4 161 104 79
LONGIDO 162 183 190 155 1 345 104 55
NAMTUMBO 106 178 184 100 2 142 103 65
KILOSA 234 715 739 210 3 316 103 78
SUMBAWANGA 169 299 308 160 2 234 103 66
TANDAHIMBA 26 147 151 22 1 173 103 87
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
BIHARAMULO 186 444 456 174 4 158 103 72
BUKOMBE 213 600 616 197 2 407 103 76
KONDOA 72 192 197 67 3 88 103 75
KAHAMA 279 668 685 262 3 316 103 72
BAGAMOYO 458 758 773 443 4 304 102 64
NANYUMBU 33 227 231 29 2 130 102 89
BAHI 69 147 149 67 2 108 101 69
KIBONDO 108 579 584 103 3 229 101 85
MAKETE 24 117 118 23 1 141 101 84
KARATU 123 305 307 121 3 143 101 72
NEWALA 55 184 185 54 1 239 101 77
TUNDURU 189 306 307 188 2 248 100 62
LIWALE 45 152 152 45 2 99 100 77
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
MALINYI 42 173 173 42 1 215 100 80
MISUNGWI 67 320 320 67 2 194 100 83
ILEJE 12 69 68 13 2 41 99 84
IRAMBA 93 243 239 97 2 168 98 71
MLELE 81 182 179 84 2 132 98 68
MUHEZA 70 245 240 75 2 158 98 76
KIGOMA 90 367 357 100 4 114 97 78
CHUNYA 151 359 349 161 2 255 97 68
MEATU 44 137 133 48 1 181 97 73
MVOMERO 97 234 226 105 2 166 97 68
MOSHI 415 759 733 441 3 391 97 62
ILEMELA 108 338 326 120 3 149 96 73
KONGWA 103 308 296 115 3 137 96 72
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
SENGEREMA 72 345 331 86 3 139 96 79
BUNDA 214 515 494 235 2 365 96 68
TABORA 124 235 225 134 3 120 96 63
HAI 158 312 298 172 2 235 96 63
MONDULI 49 111 106 54 2 80 95 66
MASASI 89 294 279 104 3 128 95 73
SERENGETI 294 368 349 313 3 221 95 53
NACHINGWEA 51 203 192 62 2 127 95 76
MASWA 78 196 185 89 2 137 94 68
LUSHOTO 30 277 259 48 3 102 94 84
MPANDA 125 381 355 151 2 253 93 70
KALAMBO 32 192 178 46 2 112 93 79
MOMBA 146 366 339 173 2 256 93 66
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
DODOMA 367 1,087 1,006 448 3 485 93 69
MKURANGA 169 521 481 209 3 230 92 70
KILWA 75 282 255 102 2 179 90 71
RUFIJI 106 293 263 136 2 200 90 66
NYAMAGANA 289 669 595 363 5 192 89 62
NYASA 15 67 59 23 1 82 88 72
KASULU 156 576 507 225 2 366 88 69
KISHAPU 107 265 232 140 2 186 88 62
HANANG’ 92 303 265 130 2 198 87 67
KIBITZ 39 105 90 54 2 72 86 63
KILINDI 64 192 159 97 1 256 83 62
SIHA 71 186 153 104 2 129 82 60
MULEBA 129 477 390 216 3 202 82 64
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
KITETO 92 274 218 148 3 122 80 60
KALIUA 44 256 201 99 1 300 79 67
SIMANJIRO 101 203 159 145 2 152 78 52
MAFIA 16 136 103 49 2 76 76 68
NJOMBE 32 186 140 78 2 109 75 64
SHINYANGA 54 366 271 149 2 210 74 65
KIBAHA 19 245 178 86 2 132 73 67
BUKOBA 70 394 284 180 5 93 72 61
KINONDONI 215 2,036 1,456 795 3 750 72 65
MBOZI 21 229 163 87 2 125 71 65
MOROGORO 105 635 438 302 3 247 69 59
ARUSHA 56 344 235 165 4 100 68 59
GEITA 61 402 274 189 2 232 68 59
 ANNEXTURE III - DISTRICT COURT CASE STATISTICS - 2021
DISTRICT Pending Filed Number Workload Clear­ Dispa-
as at Jan- Decided Pending of Magi- Magi­ ance sal Rate
December Dec Jan- Dec Dec strates strate Rate
2020 2021 2021 2021
MBEYA 66 547 360 253 2 307 66 59
WANGINGOMBE - 66 42 24 1 66 64 64
ARUMERU 56 267 159 164 3 108 60 49
UYUI 11 155 90 76 1 166 58 54
TEMEKE OSC - 549 72 477 9 61 13 13
GRAND TOTAL 16,632 41,286 40,601 17,317 298 195 98 70
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
ARUSHA ARUMERU 362 3106 3158 310 10 347 102 91
ARUSHA 394 3211 3144 461 9 401 98 87
BABATI 128 1483 1457 154 9 179 98 90
HANANG’ 102 1055 1007 150 5 231 95 87
KARATU 85 1016 919 182 4 275 90 83
KITETO 35 429 396 68 4 116 92 85
LONGIDO 26 178 192 12 2 102 108 94
MBULU 97 465 493 69 3 187 106 88
MONDULI 60 471 481 50 3 177 102 91
NGORO- 54 439 439 54 5 99 100 89
NGORO
SIMANJIRO 23 556 520 59 5 116 94 90
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
Sub Total 1366 12409 12206 1569 59 233 98 89
BUKOBA BIHARAMULO 104 659 707 56 6 127 107 93
BUKOBA D/ 380 2745 2818 307 14 223 103 90
COURT
KARAGWE 269 2289 2295 263 11 233 100 90
MULEBA 189 1707 1649 247 7 271 97 87
NGARA 79 695 736 38 9 86 106 95
Sub Total 1021 8095 8205 911 47 194 101 90
DARES BAGAMOYO 140 2508 2464 184 20 132 98 93
SALAAM
KIBAHA 32 1587 1576 43 11 147 99 97
KIBITI 49 294 277 66 2 172 81
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
KISARAWE 24 432 436 20 7 65 101 96
MAFIA 12 177 165 24 2 95 93 87
MKURANGA 13 604 600 17 5 123 99 97
RUFIJI 51 443 471 23 7 71 106 95
Sub Total 321 6045 5989 377 54 118 99 94
Ilala 2004 7187 7513 1678 20 460 105 82
Kigamboni 113 897 900 110 3 337 100 89
Kinondoni 1692 7146 7413 1425 24 368 104 84
Temeke 636 4439 4465 610 9 564 101 88
Temeke OSC 0 1307 95 1212 6 218 7 7
Sub Total 4445 20976 20386 5035 62 410 97 80
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
MORO- KILOMBERO 256 2161 2075 342 9 269 96 86
GORO
KILOSA 198 3187 3006 379 18 188 94 89
MAHENGE 26 656 626 56 7 97 95 92
MALINYI 57 428 485 0 2 243 113 100
MOROGORO 0 4623 3837 786 17 272 83 83
MVOMERO 0 1372 1372 0 6 229 100 100
Sub Total 537 12427 11401 1563 59 220 92 88
DODOMA IRAMBAD 0 1165 1161 4 6 194 100 100
COURT
MANYONI D 120 872 833 159 14 71 96 84
COURT
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
SINGIDA D 214 2143 2216 141 8 295 103 94
COURT
Sub Total 334 4180 4210 304 28 161 101 93
Bahi De 38 480 500 18 4 130 104 97
Dodoma De 606 4714 4659 661 20 266 99 88
Kondoa De 106 1083 1084 105 8 149 100 91
Kongwa De 76 757 769 64 7 119 102 92
Mpwapwa De 15 643 630 28 4 165 98 96
Sub Total 841 7677 7642 876 43 198 100 90
IRINGA IRINGA 230 2206 2226 210 10 244 101 91
KILOLO 50 529 535 44 4 145 101 92
LUDEWA 8 283 266 25 4 73 94 91
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
MAKETE 15 292 289 18 5 61 99 94
MUFINDI 90 666 646 110 8 95 97 85
NJOMBE 180 1219 1269 130 6 233 104 91
WANGI- 276 263 13 4 69 95 95
NGOMBE
Sub Total 573 5471 5494 550 41 147 100 91
MOSHI HAI 10 566 558 18 4 144 99 97
MOSHI 96 3515 3409 202 19 190 97 94
MWANGA 16 291 292 15 4 77 100 95
ROMBO 0 1178 1003 175 6 196 85 85
SAME 40 652 654 38 5 138 100 95
SIHA 0 281 276 5 2 141 98 98
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
Sub Total 162 6483 6192 453 40 166 96 93
MBEYA CHUNYA 28 713 696 45 5 148 98 94
ILEJE 9 301 297 13 2 155 99 96
KYELA 22 941 866 97 7 138 92 90
MBARALI 53 1491 1485 59 9 172 100 96
MBEYA 408 3974 3866 516 18 243 97 88
MBOZI 126 1036 1112 50 5 232 107 96
MOMBA 62 284 262 84 1 346 92 76
RUNGWE 76 1093 1023 146 8 146 94 88
Sub Total 784 9833 9607 1010 55 193 98 90
MTWARA KILWA 36 521 522 35 8 70 100 94
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
LINDI 49 992 1040 1 9 116 105 100
LIWALE 45 222 233 34 2 134 105 87
NACHIN- 53 496 516 33 4 137 104 94
GWEA
RUANGWA 36 539 575 0 5 115 107 100
Sub Total 219 2770 2886 103 28 107 104 97
MASASI 105 1187 1217 75 10 129 103 94
MTWARA 57 607 625 39 8 83 103 94
MJINI
NANYUMBU 51 305 331 25 4 89 109 93
NEWALA 112 462 498 76 4 144 108 87
TANDAHIMBA 87 433 476 44 4 130 110 92
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
Sub Total 412 2994 3147 259 30 114 105 92
MUSOMA M/W/Bunda 170 1178 1263 85 9 150 107 94
M/W/Musoma 299 2846 3003 142 13 242 106 95
M/W/Serengeti 37 889 912 14 7 132 103 98
M/W/Tarime 334 4120 4078 376 14 318 99 92
Sub Total 840 9033 9256 617 43 230 102 94
MWANZA BUKOMBE 83 1655 1578 160 5 348 95 91
CHATO 38 1613 1550 101 6 275 96 94
GEITA 177 3510 3481 206 12 307 99 94
Sub Total 298 6778 6609 467 23 308 98 93
ILEMELA 192 1542 1427 307 5 347 93 82
KWIMBA 54 595 571 78 6 108 96 88
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
MAGU 90 1496 1491 95 10 159 100 94
MISUNGWI 97 665 652 110 7 109 98 86
NYAMAGANA 224 3536 3463 297 9 5 98 92
SENGEREMA 40 1506 1473 73 9 172 98 95
UKEREWE 108 909 868 149 6 170 95 85
Sub Total 805 10249 9945 1109 52 213 97 90
SONGEA Mbinga D.C. 49 1429 1353 125 8 185 95 92
Namtumbo DC 39 401 362 78 4 110 90 82
Nyasa D.C 0 247 240 7 2 124 97 97
Songea D.C. 54 1949 1873 130 13 154 96 94
Tunduru D.C. 71 619 631 59 6 115 102 91
Sub Total 213 4645 4459 399 33 147 96 92
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
SUMBA- Kalambo 16 316 314 18 4 83 99 95
WANGA
MLELE 15 398 352 61 4 103 88 85
Mpanda 228 1991 1977 242 8 277 99 89
NKASI 13 599 559 53 5 122 93 91
SUMBA- 100 1963 1917 146 11 188 98 93
WANGA
Sub Total 372 5267 5119 520 32 176 97 91
TABORA Igunga 19 739 705 53 11 69 95 93
Kaliua 1 843 844 0 5 169 100 100
Nzega 5 885 852 38 17 52 96 96
Tabora_w 36 1803 1710 129 8 230 95 93
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
Urambo 31 484 515 0 3 172 106 100
Uyui 7 504 507 4 4 128 101 99
Sub Total 99 5258 5133 224 48 112 98 96
KIGOMA Kasulu 0 993 993 0 6 166 100 100
Kibondo 0 521 521 0 4 130 100 100
Kigoma 0 1624 1624 0 8 203 100 100
Sub Total 0 3138 3138 0 18 174 100 100
SHINYANGA BARIADI 265 3213 3087 391 21 166 96 89
KAHAMA 115 2087 2202 0 11 200 106 100
KISHAPU 51 565 529 87 12 51 94 86
P a g e | 89

MASWA 39 461 450 50 12 42 98 90

MEATU 25 876 876 25 8 113 100 97
 ANNEXTURE IV - PRIMARY COURTS CASE STATISTICS - 2021
ZONE DISTRICT Pend­ Filed Deci­ Pend­ Num­ Work­ Clear­ Dispa-
ing as Jan - ded Jan ing ber of load ance sal
at Dec Dec - Dec Dec Magi­ per rate Rate
2020 2021 2021 2021 strates each
Magi­
strates
SHINYANGA 180 1579 1643 116 15 117 104 93
_W
Sub Total 675 8781 8787 669 79 120 100 93
TANGA HANDENI 81 3079 1432 1728 6 527 47 45
KILINDI 85 1006 504 587 5 218 50 46
KOROGWE 105 1063 1072 96 5 234 101 92
LUSHOTO 30 915 944 1 6 158 103 100
MJINI TANGA 90 2195 2144 141 7 326 98 94
MUHEZA 30 1470 1393 107 15 100 95 93
PANGANI 30 372 369 33 2 201 99 92
Sub Total 451 10100 7858 2693 46 229 78 74
GRAND TOTAL 14999 162600 157669 19930 920 193 97 89
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