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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

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4 judgments

Citation	Judgment date
March 1983
Ismailijee M. Abdulali vs Ftauma A. M. Dadawala (Civil Appeal No. 17/80) [1983] TZHC 70 (31 March 1983) Appeal allowed: eviction set aside where monthly tenancy lacked termination notice, no reasonable alternative accommodation, and no proven arrears. Landlord and tenant law – Rent Restriction Act s.19 – prerequisites for possession: availability of reasonable alternative accommodation, reasonableness of making order, absence of greater hardship to landlord. Termination of contractual tenancy – required notice for monthly tenancies before invoking statutory remedies. Rent arrears – tenant’s readiness to pay and landlord’s refusal to accept payment as defence to eviction. Procedural requirement – approval by Registrar of Buildings for alternative accommodation exchange.	31 March 1983
Hotel International Ltd vs Aldrabhid Suleman Nasser Lemki (Civil Appeal No. 35 of 1981) [1983] TZHC 76 (29 March 1983) Respondent lacked locus standi; eviction invalid as Rent Restriction Act prerequisites were not satisfied. Property law – Buildings Acquisition Act 1971 – vesting of ownership in Registrar and subsequent transfer; locus standi – possession of title deeds and power of attorney do not confer ownership after statutory transfer; Rent Restriction Act (s.19) – requisites for eviction of commercial premises: reasonable alternative accommodation, reasonableness of order, and greater hardship to landlord.	29 March 1983
John Shedura vs Rashidi Hussein ((PC) Civil Appeal No. 35 of 1982) [1983] TZHC 455 (29 March 1983) Primary Court’s oral findings and admissions upheld; no statutory requirement for written customary land sale contract; appeal allowed. Civil appeal — sale of land and contract for construction under customary law — evidentiary value of oral admissions and community elders’ findings — no general requirement for written sale contract in Primary Court proceedings.	29 March 1983
Republic vs Dokwela Dowasa Vivungu (Criminal Appeal No. 164 of 1974) [1983] TZHC 64 (16 March 1983) Recent possession and identification of stolen property upheld; bhang possession proved by chemist; appeal dismissed. Criminal law – Burglary and theft – identification of stolen property; recent possession doctrine; possession of property suspected to be stolen (s.312 Penal Code); proof and chemical analysis of bhang; concurrent sentencing.	16 March 1983

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