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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

4 judgments

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4 judgments

Citation	Judgment date
November 1994
Anthony Tikyomo vs Ferdinand Felix (PC Civil Appeal No. 177 of 1994) [1994] TZHC 666 (4 November 1994) Applicant's appeal dismissed; district court erred by ordering trial de novo in a clan land dispute. Land law – clan land disputes – justiciability of clan land within clan members; Appellate procedure – scope of remedy where appellate court treats matter as clan issue; District Court ordering trial de novo – whether appropriate when appeal should be dismissed.	4 November 1994
Anthony Tikyomo vs Ferdinand Felix (PC Civil Appeal No. 177 of 1994) [1994] TZHC 668 (4 November 1994) Court dismissed appeal, affirmed Primary Court that the disputed land is clan land and set aside the order for a retrial. Land law – clan/family (shamba) land – justiciability of clan land disputes in ordinary courts; appellate review – appropriateness of ordering trial de novo; validity of sale within clan membership; primary court findings affirmed.	4 November 1994
January 1994
Elias Ndyako vs Hamisi and Another (PC Civil Appeal No. 83 of 1994) [1994] TZHC 839 (1 January 1994) Application to set aside execution improperly granted; service on trustee was sufficient and the application was time‑barred. Civil procedure – Service on trustee/agent – Rule 19(1), G.N. No. 310/1964; Attachment of property vested in trustee – Rule 14(1),(2); Ex parte appellate proceedings – Rule 13(3) Primary Courts Civil Appeals Rules; Limitation Act (Act No.10 of 1971) – Item 21 Part III (60 days) – timeliness of application to set aside execution.	1 January 1994
Josephina Shuzali and Another vs Gozibert Christopher (PC Civil Appeal No. 117 of 1994) [1994] TZHC 667 (1 January 1994) Whether a purported high-priced sale of clan land was genuine and whether the land remained redeemable at the original price. Land law – Clan (Haya) customary land – right of redemption within 12 years – validity of subsequent sale instrument. Evidence – Documentary omission and implausible price rise as indicators of fabrication. Property – bona fide purchaser protection not available where sale instrument is not genuine.	1 January 1994

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