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. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
8 judgments

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8 judgments
Citation
Judgment date
June 2007
Houses gifted and registered in respondent’s name are not divisible matrimonial assets; petitioner ordered to refund utility charges.
Divorce granted earlier; matrimonial property – gifts registered in spouse's name; houses not divisible; consent order binding on maintenance; respondent entitled to refund of utility charges; custody moot as children are adults; personal effects to be enforced in issuing court.
29 June 2007
Defendant admitted liability for bounced cheques; court entered judgment, refused instalments, awarded costs and high interest.
Commercial law – agency/insurance premiums – admission by defendant in respect of bounced post-dated cheques – burden to prove agreement to defer payment – refusal to grant payment by instalments where plea unpleaded, unproven and delayed; interest and costs awarded.
29 June 2007
Extension of time granted because judgment/decree were supplied late and the appeal merits were not prejudged.
Civil procedure – Extension of time – Delay caused by late supply of judgment and decree – Applicant not notified that typed judgment was ready – Decree signed after appeal period expired – Court may grant extension without prejudging merits.
25 June 2007
An objection to attachment is premature and incompetent unless the property has been actually attached.
Civil procedure — Order 21 r.57 — Objection to attachment — Third-party claim requires actual attachment — Objection to future or proposed attachment premature and incompetent — Application struck off.
22 June 2007
Parent and custodian of heirs may be appointed estate administrator due to greater interest and duty of care.
Estate administration – appointment of administrator – court discretion to appoint person with greatest interest in heirs; parental responsibility and custody as material considerations; primary court appointment set aside by appellate court where superior interest shown.
19 June 2007
12 June 2007
District Court lacked jurisdiction over respondent's land claim; ex parte affidavit proof and defective judgment rendered proceedings null.
Land law – jurisdiction of subordinate courts after Land Disputes Courts Act 2002; Civil procedure – ex parte proof and use of affidavits (Order VIII r.14(2)(b); Order 19 r.1); Evidence – admissibility under s.34C Evidence Act 1967 (s.34C(3)); Judgment formalities – requirement under Order XX r.4.
5 June 2007
Court marked matter settled after finding respondent complied with order to rectify boundary.
Land law – Boundary rectification – Compliance with court order – Documentary proof and counsel's representation sufficient to mark matter settled.
5 June 2007