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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

9 judgments

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9 judgments

Citation	Judgment date
January 1983
salome Magwila & Another vs Elizabeth Francis Magwila (Civil Appeal No 53/82) [1983] TZHC 72 (27 January 1983) Respondent's status as lawful wife and heir upheld; oral declaration by deceased found a valid will. Inheritance law — Oral wills under Schedule III, section 7 of the Law of Inheritance, Local Customary Law (Declaration) Order (GN No. 436/1963) — Validity and capacity — Marital rights as superior claim to estate.	27 January 1983
Zena Mohaned vs Mwanzani Kondo ((PC) Civil Appeal No. 24 of 1982) [1983] TZHC 419 (27 January 1983) Whether a purported written will, improperly attested, validly bequeathed a house to the appellant. Wills – testamentary document – validity and attestation – burden of proof to show bequest – appellate review of lower courts' findings on document authenticity.	27 January 1983
Kilumanga v Misso (Civil Case 177 of 1981) [1983] TZHC 670 (20 January 1983) Reported Contract — Domestic arrangement — Promise to buy a gift — Intention to create legal relations — Promise revoked by subsequent conduct —Whether promisor bound by earlier- promise.	20 January 1983
Kauzeni v Republic (Criminal Appeal 71 of 1982) [1983] TZHC 717 (17 January 1983) Criminal Law - Criminal trespass - Building a house on a plot not belonging to the builder by mistake - Whether can amount to criminal trespass.	17 January 1983
Rehema Mohamedi vs Rajabu Mbegeji (Misc Civil Appeal No 13 of 1982) [1983] TZHC 85 (3 January 1983) High Court directed Probate and Administration Ordinance apply and ordered revocation of an administrator's grant for failure to protect widow and children. Probate and Administration — High Court power to order application of Probate and Administration Ordinance to an estate previously probated by a Primary Court; revocation of administrator's grant for failure to pay beneficiaries and for unsatisfactory administration; protection of widow and children; s.88(1)(b), s.89(1)&(2), Probate Rules (Rule 14).	3 January 1983
Construction Engineers and Building Ltd vs Sugar Development Corporation (Civil Case No. 40 of 1983) [1983] TZHC 69 (1 January 1983) Arbitrator’s failure to properly assess extension-of-time claims and misapplication of termination clause warranted setting aside parts of the award. Arbitration — Arbitrator misconduct/irregularity — Insufficient consideration of extension of time claims; Contractual termination — clause 25(1)(b) repetition/continuance requirement; Award reliefs — inconsistency, excessiveness and forfeiture of contractor’s plant; Court remedies — setting aside part of award and ordering fresh hearing under Arbitration Ordinance.	1 January 1983
Kindimba Mkesa vs Ramadhani Boga and 5 Others (PC, Civil Appeal No. 13 of 1983) [1983] TZHC 408 (1 January 1983) Appellate decision declared null where the District Court decided the wrong Primary Court decree and the alleged High Court award was non-existent. Civil procedure — decree must show relief — appellate court must determine the correct primary decree on appeal; appellate decision based on wrong decree is nullity; appellant’s reliance on non-existent High Court award rejected. Land law — claims against village officials — question of personal liability where allocation made in official capacity.	1 January 1983
Mariam Andrew Mwalongo vs Andrew Mwalongo (Matrimonial Cause No. 14 of 1981) [1983] TZHC 83 (1 January 1983) Divorce granted where respondent deserted petitioner and lived in adultery; custody to petitioner and shs.800 monthly maintenance ordered. Divorce — grounds — desertion and adultery — marriage irretrievably broken down; custody and child maintenance ordered; costs awarded to petitioner.	1 January 1983
Severian Nditi vs Consepta Isya Mdumule (PC Civil Appeal No. 52/83) [1983] TZHC 407 (1 January 1983) The applicant failed to prove paternity; the respondent's evidence was preferred and the appeal dismissed. Paternity — burden of proof; credibility of parties and witnesses; appellate affirmation of factual findings where primary judgment lacks supporting evidence.	1 January 1983

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