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
June 1992
In Re: Arif Ahmed Alias and Another vs Reginald John Nolan and Another (Bankruptcy Cause No. 1/1992) [1992] TZHC 267 (29 June 1992) Leave to appeal interlocutory bankruptcy orders refused where proposed legal point would not affect those orders. Bankruptcy law – interlocutory orders – leave to appeal – appellate intervention only where necessary to avoid injustice. Evidence of debt – use of unregistered foreign judgment as proof of debt under s3(1)(g) Bankruptcy Ordinance. Appointment of interim receiver – statutory reference to official receiver; revocation of private interim receiver and appointment of Administrator General. Stay pending investigation – relevance to determination of petition and interlocutory relief.	29 June 1992
Julita Kapembe vs Clerence Nekuneku ((PC) Civil Appeal No. 14 of 1992) [1992] TZHC 207 (26 June 1992) Appellate court allowed land-ownership appeal, declared appellant owner, ordered demolition of respondent's structure, and refused leave to appeal. Land dispute – ownership – appellate review of concurrent findings – lower courts failed to analyse evidence as a whole; documentary evidence and admissions supporting title; demolition order; refusal of leave to appeal for lack of point of law.	26 June 1992
Kiaruzi vs Coudounis I. George (Civil Case No 236 of 1988) [1992] TZHC 205 (26 June 1992) Handwriting expert proof of forged documents and accepted official valuation led to dismissal of plaintiff’s commission and loan claims. Evidence – Document forgery – Handwriting expert evidence accepted that disputed signatures on exhibits were forged. Contract/agency – Whether claimant was agent entitled to commission – claimant found to be employee/clerical, not agent. Valuation – Official Ministry valuation of vessel accepted. Remedies – Claimant failed to prove loan or expenses and thus failed to recover claimed sums.	26 June 1992
Mohamed Ali Monero vs Shani Mfaume (Civil Appeal No. 9 of 1992) [1992] TZHC 206 (26 June 1992) Appeal dismissed: widow entitled to one-quarter under Islamic law; rents part of estate; property to be valued or sold for distribution. Islamic succession – widow’s share – widow entitled to one quarter of estate; remainder distributed according to Qur’anic shares. Classification of heirs – residuaries, district kindred – appellants not in second-class residuary heirs. Estate assets – rents collected after death form part of estate and are subject to distribution. Administration – debts payable before distribution; property to be revalued by Ministry of Lands; retention conditional on payment of widow’s share.	26 June 1992
National Bank of Commerce vs Tanzania Cigarette Company Ltd (Civil Appeal No. 11 of 1989) [1992] TZHC 244 (26 June 1992) A decree-holder may defend and recover costs despite its advocate’s death; a principal officer has locus standi to do so. Court of Appeal Rules (3rd Schedule) — interpretation of Para 2(3) and Para 16 — bill of costs — advocate deceased before taxation — locus standi of principal officer to defend/argue bill — costs recoverable by successful party, not from advocate’s estate.	26 June 1992
Nanai Palingo vs The Republic (High Court Criminal Appeal No. 13 of 1992) [1992] TZHC 208 (15 June 1992) An unequivocal guilty plea upholds conviction, but an excessive 15-year sentence for a young first-time cattle thief was reduced to five years. Criminal Law – Plea of guilty – Effect of an unequivocal guilty plea on appellate review of conviction. Sentencing – Cattle theft – Factors in mitigation (youth, first offender, guilty plea) – Reduction of excessive custodial sentence.	15 June 1992
Abdu Hamisi and Another vs Haggai V. K. Garakikya and Another (Civil Case No. 62 of 1988) [1992] TZHC 230 (11 June 1992)	11 June 1992
Nicolaus Majaliwa vs The Republic (High Court Criminal Appeal No. 24 of 1992) [1992] TZHC 210 (8 June 1992) Conviction based on inconsistent eyewitness identification and mere suspicion is unsafe; appeal allowed and conviction quashed. Criminal law – Identification evidence – Visual identification at scene – Major contradictions between co-present eyewitnesses – Arrest on suspicion – Conviction unsafe where identification not established beyond reasonable doubt.	8 June 1992
Mussa Ngulugwa vs Said Makunja and Another (PC. Civil Appeal No. 65 of 1990) [1992] TZHC 141 (2 June 1992) Whether disputed household items were fixtures and belonged to the house owner; court held they were not and dismissed the appeal. Property law – fixtures versus movable goods; permanence of attachment as test for ownership of items in a tenanted house; burden of proof as to payment for items; effect of rent deductions on ownership claims.	2 June 1992