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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
February 2002
F. S. Ngong'ola and Others vs Air Tanzania Corporation and Another (Misc Civil Cause No. 35 of 2002) [2002] TZHC 2170 (26 February 2002)	26 February 2002
Republic vs Salum Mbunda (Criminal Session Case No. 28 of 2001) [2002] TZHC 2180 (18 Februari 2002) Accused convicted on guilty plea for fatal assault but given a three-year conditional discharge owing to mitigating circumstances. Criminal law – plea of guilty – conviction on accused’s own plea; causation of death by assault – admissibility of post-mortem and sketch plan; sentencing – conditional discharge where death resulted from a fight and accused is a first offender with mitigating circumstances.	18 February 2002
Sudi S.Ally Kipetto and Others vs Bakari Ally Mwela (PC Civil Appeal No. 171 of 2000) [2002] TZHC 2126 (9 February 2002) An appeal filed beyond the statutory thirty-day period without seeking extension is time-barred and dismissed with costs. * Civil procedure – limitation – appeal to High Court under s.25(1)(b) Magistrates' Courts Act – thirty-day time limit; extension of time requires application and court's discretion. * Appeal filed without leave – time-bar – dismissal with costs. * Procedural and substantive grounds not considered where appeal is statute-barred.	9 February 2002
John Jacob Construction Ltd vs Aduco International BV (Civil Case No. 412 of 2000) [2002] TZHC 2127 (8 February 2002) Plaintiff denied interest on delayed payment where amount was unascertained and delay caused by third-party non-payment; costs awarded. Contract — payment disputes — entitlement to interest on delayed payment — interest cannot be awarded on unascertained sums — effect of third-party (Ministry) non-payment on liability — excessive interest rates (31%) inappropriate.	8 February 2002
Republic vs Bakari (Criminal Session Case 27 of 2001) [2002] TZHC 1 (8 February 2002) A guilty plea and admitted assault causing fatal head injuries established manslaughter; mitigations reduced sentence to 18 months imprisonment. Manslaughter — guilty plea establishing culpability — use of excessive force causing fatal head injury — admissibility of post-mortem and sketch plan — mitigation: self-defence claim, first offender status, lengthy remand and illness — sentencing.	8 February 2002
Republic vs Shabani Juma Omary (Criminal Session No. 26 of 2001) [2002] TZHC 2181 (7 February 2002) Accused convicted on guilty plea for fatal domestic assault; conditionally discharged for three years, default three years' imprisonment. Criminal law – Domestic violence causing death – Plea of guilty accepted – Cautionary and extra-judicial statements and PF3 admissible – Post-mortem: spleen rupture causing fatal bleeding – Sentencing: conditional discharge/suspended custodial term on mitigating grounds.	7 February 2002

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