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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
July 1983
Bakari Salum vs Amiri Ally and Another ((PC) Civil Appeal No. 50 of 1982) [1983] TZHC 507 (26 July 1983) Nursing attendance and a hospital discharge sheet do not establish kinship for intestate succession; none of the parties succeeded. Intestate succession — proof of kinship — attendance/nursing and funeral arrangements insufficient to establish right to inherit; hospital discharge form as hearsay and inadmissible under mandatory evidential rule; appellate review of credibility and assessors' opinions; setting aside lower courts' decisions.	26 July 1983
Adoko v Advocates' Committee (Civil Appeal 13 of 1980) [1983] TZHC 666 (25 July 1983) Reported Advocates' Ordinance — advocate — Conduct of litigation — Duty to client and court. Advocates' Ordinance — Advocate — Fraud — Advocate deceived by client as to the true facts — Advocate secured consent Judgment — Whether conduct constituted professional misconduct — Advocates’ Ordinance, Cap. 341, S.13 (4Xa). Advocates' Ordinance — Advocate — Professional misconduct — Advocate executed judgment without obtaining an eviction order — Whether conduct serious enough to warrant removal from the roll of advocates —Advocates' Ordinace, Cap, 341 S.13(4). Evidence—Burden of proof — Quantum of proof required to. establish, professions misconduct.	25 July 1983
Mwailunga v Advocates’ Committee (Civil Appeal 15 of 1980) [1983] TZHC 667 (25 July 1983) Reported Administrative Law — Duty to act judicially — Circumstances requiring it. Advocates’ Ordinance — Advocate — Professional Misconduct — Money entrusted to an advocate for defending a case — Client withdraws — Advocate fails and/or refuses to refund fees. Advocates’ Ordinance — Advocate — Professional misconduct — Failure to keep a client’s account. Advocates’ Ordinance Advocate-Duty to client and court — Evidence — Standard of Proof—Allegation of Professional Misconduct — Quantum of Proof required.	25 July 1983
The Republic vs Hassan M. Juma (Miscellaneous Criminal Cause No. 8 of 1981) [1983] TZHC 65 (11 July 1983) Director granted leave to appeal out of time due to prosecuting officer's failure to notify the Director. Criminal procedure – s.335 Criminal Procedure Code – appeal by Director of Public Prosecutions against subordinate court acquittal; delay caused by prosecuting officer’s failure to notify Director – good cause for extension under s.335(b)(ii).	11 July 1983
Prodam Ltd vs City Council of Dar es Salaam (Civil Case No. 168 of 1982) [1983] TZHC 503 (4 July 1983) Municipal council wrongfully terminated construction contract; contractor entitled to damages, retention balance and refund of unlawful deductions. Contract law – extension of time by conduct/letter; wrongful termination for failure to follow contractual termination procedure; substantial performance and damages; retention monies and unlawful deductions; entitlement to refund, damages, costs and interest.	4 July 1983
Prodam Ltd vs City Council of D'Salaam (Civil Case No 168 of 1982) [1983] TZHC 75 (4 July 1983) Whether the respondent wrongfully terminated a contract where the applicant had substantially performed amid material shortages and price rises. Contract law – termination – wrongful termination where contractor substantially performed but delayed by supply shortages and price increases; extension of time by conduct/letter; substantial performance entitling contractor to damages; unlawful unilateral deduction and recovery of retention money.	4 July 1983

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