High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
5 judgments

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5 judgments
Citation
Judgment date
April 2003
Separation orders allocating land and a residential plot for upkeep and care of a disabled child were upheld as not constituting a final division of matrimonial property.
Family law — separation — Primary Court ordered apportionment of land and residential plot for upkeep, not division of matrimonial property; maintenance and care of a disabled child — standard of appellate interference with trial court orders.
29 April 2003
8 April 2003
High Court quashed a District Court disposition that failed to consider the petition of appeal and ordered a fresh rehearing without fresh fees.
• Civil procedure — Appellate review — Lower court must consider filed petition and evaluate evidence; failure to do so renders its disposition a nullity. • Remedies — Quashing of a procedurally defective judgment and ordering rehearing of appeal on merits. • Appeals — Reopening appeals afresh where there is no valid judgment to affirm or reverse; rehearing without fresh fees.
1 April 2003
An intermediate court’s terse, non‑analytical judgment failed to comply with procedural rules and was quashed for rehearing on the merits.
Civil procedure – Appeal – Adequacy of judgment – A court must analyze evidence and comply with procedural rules (Rule 16) for its judgment to be valid; failure to do so warrants quashing and remittal for rehearing. Divorce proceedings – appellate remedy – Inadequate intermediate judgment may be set aside and appeal reopened for fresh determination without fresh fees.
1 April 2003
A District Court’s non-reasoned judgment that fails to evaluate evidence is quashed and the appeal must be reheard on the merits without fresh fees.
Appeals – adequacy of judgment – requirement to evaluate and analyse evidence – compliance with Rule 16 GN 312/64; Procedural fairness – petition of appeal must be considered; Remedy – quashing defective judgment and ordering rehearing without fresh fees.
1 April 2003