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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

5 judgments

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5 judgments

Citation	Judgment date
August 1983
Juma Msawanga vs Hashimu Athumani (PC. Civil Appeal No. 28 of 1979) [1983] TZHC 335 (30 August 1983) Application to restore appeal dismissed for unproved illness, poor prospects of success, and undue delay. Civil procedure — Restoration of appeal dismissed for want of prosecution — Applicant’s uncorroborated illness claim — Proof required to excuse non-appearance — Prospects of success on appeal — Delay and public interest in finality.	30 August 1983
Juma Pembe vs Omari Mbaruku (PC Civil Appeal No 2 of 1983) [1983] TZHC 368 (30 August 1983) An appellate court should not overturn a trial court's credibility-based findings formed from witnesses it heard. • Evidence — credibility of witnesses — trial court which saw and heard witnesses best placed to assess credibility; appellate court should not overturn such findings lightly. • Property — long possession (since 1936) as supporting evidence of ownership. • Appeal — reversal of factual findings based on credibility is erroneous where trial tribunal observed witnesses.	30 August 1983
VS Marijani Athmani Gama vs Republic (Miscellaneous Criminal Cause No. 19 of 1982) [1983] TZHC 66 (19 August 1983) Requests for a judgment copy by an accused or agent can constitute notice and justify leave to appeal out of time. Criminal procedure – leave to appeal out of time; notice of appeal – request for copy of judgment by accused or agent as sufficient notice; effect of custody on time computation; section 314 Criminal Procedure Code issues.	19 August 1983
Uriyo v Uriyo (Matrimonial Cause 20 of 1981) [1983] TZHC 687 (8 August 1983) Reported Family Law — Separation — Petition for Judicial Separation — Proof of breakdown of marriage necessary. Family Law — adultery — Proof of adultery — Circumstantial evidence may suffice. Family Law — Contribution to acquisition of matrimonial property — Supervision of building of matrimonial house should entitle party to property rights.	8 August 1983
Mariam Omary vs Said A. Omary ((PC) Matrimonial Civil Appeal No. 38 of 1981) [1983] TZHC 81 (6 August 1983) Talaq alone is not decisive; dissolution requires proof the marriage has irretrievably broken down under s110. Family law – Divorce – Law of Marriage Act 1971 s.110 – Requirement that marriage be broken down beyond repair – Islamic law/talaq not applicable to dissolution proceedings by virtue of Judicature and Application of Laws Ordinance Cap 453 s.9(3A) – Separation alone insufficient to prove irretrievable breakdown.	6 August 1983

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