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.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

9 judgments

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9 judgments

Citation	Judgment date
November 1989
Evangelina M. Kibanda vs Mathayo Thomas (PC Civil Appeal No. 171 of 1988) [1989] TZHC 783 (30 November 1989) Whether a written sale of land is valid and whether disinheritance was justified where the heir deserted the deceased. Property law – Validity of written sale – examination of signatures and alleged thumbprint Evidence – credibility and proper construction of document signatures Succession/Rules of Inheritance (GN 436/63) – Rule 35 (opportunity to be heard on disinheritance) and Rule 31(iii) (disqualification by desertion/neglect) Appeal – appellate court reinstates primary court where district court misconstrued documentary evidence	30 November 1989
Alloys Cyprian vs Daudi Anthony (PC Civil Appeal No. 170 of 1988) [1989] TZHC 781 (27 November 1989) Redemption claim dismissed: written, witnessed sales and long possession established purchasers' title and time‑barred any clan redemption. Customary land – redemption claims – proof of clan ownership and seller’s authority required Evidence – written, witnessed sales and long occupation support purchasers’ title Limitation – item No. 6, Schedule to Customary Law (Limitation of Proceedings) Rules 1963; long absence/time‑bar on redemption. Second appeal – appellate court will not interfere where lower courts’ findings on credibility and evidence are sound	27 November 1989
Angelo Bisiki vs Bisiki and Others (1989 T.L.R. 225p. [HC]) [1989] TZHC 881 (27 November 1989) Reported Customary Law - Haya - Succession - Inheritance of land by female - Female sells the land with consent of clan members - Whether such sale valid Customary Law - Haya - Sale of clan land - Redemption - Whether buyer entitled to compensation for unexhausted improvements	27 November 1989
Angero Bisiki vs Antonia Bisiki and Others (PC Civil Appeal No. 160 of 1988) [1989] TZHC 780 (27 November 1989) A Buhaya female heir has only a life interest in clan land; her sales are void and refunds plus compensation ordered. Customary land law – Buhaya female heir – life interest only in clan land – incapacity to sell or bequeath – sales null and void despite clan consent – refunds and compensation for unexhausted improvements.	27 November 1989
Thomas Kimawani vs Victoria d/o Daudi ((PC) Civil Appeal No. 169 of 1988) [1989] TZHC 782 (27 November 1989) Whether disputed land was clan land; court held it was personal property and wills valid, appeal dismissed. Land law – clan land vs personal property – enfranchisement and certificate of ownership – testamentary disposition – validity of wills – Government Notice 436 of 1963 – forgery allegation.	27 November 1989
Francis Adolf vs Ibrahim Mustafa (1989 T.L.R. 219p. HC]) [1989] TZHC 880 (20 November 1989) Reported Contract - Customary contract - Between members of same tribe - Loan of Shs. 20,000/= - Land pledged as security - Law applicable - Jurisdiction	20 November 1989
Francis Adolf vs Ibrahim Mustafa (PC Civil Appeal No. 144 of 1988) [1989] TZHC 778 (20 November 1989) A Primary Court may enforce a customary-law pledge transferring land on default, so the District Court erred in denying jurisdiction. Customary law – pledge of land (shamba) – transfer on default; Jurisdiction – Primary Court competence to enforce customary pledges despite apparent monetary limits under Magistrates' Courts Act; Presumption that intra-tribal agreements follow tribal customary terms; Revision – limits of district court power to set aside primary court decisions on jurisdictional grounds.	20 November 1989
Alexandder Kaggaruki vs Dammian Byobangila (PC Civil Appeal No. 187 of 1988) [1989] TZHC 773 (10 November 1989) Appellate court re-evaluated and adjusted compensation for unproven valuation claims, awarding shs.77,770 to the appellant. Property law – compensation for unexhausted improvements; appellate review of trial valuations; requirement of cogent evidence for valuation; proof of injunction on record.	10 November 1989
August 1989
Republic vs Mohamed s/o Kugupu (Criminal Sessions Case No. 105 of 1988) [1989] TZHC 713 (30 August 1989) Intoxication found to negate intent for murder; accused convicted of manslaughter and sentenced to seven years. Criminal law – murder v manslaughter; mens rea and intoxication – intoxication may negate intention; Evidence Act s.154 – prior police statements must be proved before used to contradict witnesses; assessment of witness credibility and inconsistencies; sentencing considerations including remand and mitigation.	30 August 1989