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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

6 judgments

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6 judgments

Citation	Judgment date
April 1983
D. P. P vs Charles Ley and Another (Miscellaneous Criminal Cause No. 6 of 1983) [1983] TZHC 67 (27 April 1983) Whether the applicant should get leave to appeal out of time despite an unexplained, inordinate delay. Criminal procedure – leave to appeal out of time – discretionary relief requiring good cause – factors: important point of law/public interest and sufficient explanation for delay. Applicability of s.205 Criminal Procedure Code – whether dismissal was competent where some evidence was adduced. Responsibility and delay by the Director of Public Prosecutions in filing applications for extension of time.	27 April 1983
D.P.P. vs Ally Hassani (High Court Criminal Appeal No. 95 of 1979) [1983] TZHC 147 (20 April 1983) Appeal allowed; acquittals set aside and convictions substituted for careless driving, causing injury, failing to stop and failing to report. Road Traffic offences – careless driving and causing bodily injury – credibility of tyre-burst defence – admissibility/authenticity of medical chit – failure to stop and failure to report an accident – sentencing in absence under ss.202 and 202A Criminal Procedure Code.	20 April 1983
Ibrahim Mohamed vs The Chairman Bukoba Customary Land Tribunal and Another (Miscellaneous Civil Application No. 2 of 1982) [1983] TZHC 89 (15 April 1983)	15 April 1983
Republic vs Kassiani Kamuti (Criminal Sessions Case No. 14 of 1981) [1983] TZHC 78 (13 April 1983) Child-witness reliability and cumulative provocation decided reduction of murder to manslaughter; 25-year sentence imposed. Criminal law — Evidence of child of tender years — competence and corroboration under s.127(2) Evidence Act; Provocation — cumulative antecedent circumstances may reduce murder to manslaughter; Onus of proof — prosecution must displace reasonable doubt.	13 April 1983
Saidi Abdallah Magota vs Seifu S. Kitambalilo (Civil Appeal No. 33 of 1981) [1983] TZHC 596 (5 April 1983) Appellant who paid previous owner for construction is not a protected tenant against a subsequent purchaser; appeal dismissed. Property law – transfer to a purchaser – privity of contract; Rent Restriction Act – scope of protected tenant status against subsequent purchasers; obligation to refund amounts paid to prior owner; jurisdiction of resident magistrate; equity and personal use as ground for eviction.	5 April 1983
Saidi Abdallah Magota vs Seifu S. Kitambalilo (Civil Appeal No. 33 of 1981) [1983] TZHC 77 (5 April 1983) The appellant cannot claim refund or protected-tenant status against the respondent purchaser due to absence of privity. Civil procedure – correction of earlier erroneous observation about trial magistrate’s status – invocation of section 95 Civil Procedure Code to write judgment. Property/tenancy law – privity of contract – purchaser not liable for debts or agreements made between seller and tenant. Rent Restriction Act – protected-tenant status requires tenancy with present owner; protection does not bind purchaser absent agreement. Equitable considerations – purchaser’s legitimate personal need for dwelling considered in ordering possession.	5 April 1983

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