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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.

Physical address

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


April 1982
Republic vs Ruinamilia Mzuma (Criminal Sessions Case No,139 of 1980) [1982] TZHC 636 (29 April 1982) Whether provocation, intoxication or accident negated the intent to kill in a fatal domestic assault. Criminal law — Homicide: murder versus accidental killing — Whether injuries were consistent with an accidental fall — Penal Code s 10 — Intoxication and temporary insanity — Distinction between insanity and capacity to form specific intent for murder — Murder/Provocation — Whether insults, disobedience and a bite reduced murder to manslaughter — Penal Code ss.201 — 202	29 April 1982
Republic vs Philipo Lugemaho (Criminal Sessions Case No. 134 of 1980) [1982] TZHC 631 (22 April 1982) Whether the accused’s fatal stabbing was murder or lawful self‑defence given an ongoing threat from an armed assailant. Criminal law — Murder — self‑defence — Whether malice aforethought was established where the accused stabbed an armed assailant after escape — Self‑defence — requirement of reasonable and proportionate force	22 April 1982
March 1982
Wilbard Mzanila vs Hamis Hassan (H/C. Civil Appeal No. 34 of 1980) [1982] TZHC 627 (26 March 1982) A valid notice to quit ends a periodic tenancy; holdover obliges payment of agreed rent and mesne profits absent landlord consent. Tenancy — notice to quit terminates periodic tenancy; holding over creates tenancy on sufferance — unilateral rent increase ineffective without agreement — arrears assessed at agreed rent — mesne profits recoverable for unauthorised occupation — vacant possession academic if premises vacated before judgment.	26 March 1982
Anna Ezekiel vs Bakari Nzali (PC Civil Appeal No. 161 of 1981) [1982] TZHC 448 (24 March 1982) Appellant’s late denial of paternity rejected; customary law requires only a token redemption payment, appeal dismissed. Family law — redemption/legitimization of children born out of wedlock — application of Section 181, Local Customary Law Declaration (No.4) — appellate review of discretionary reduction of customary redemption sum — quantum is token for legitimization, not child maintenance	24 March 1982
Mwambege Felix J. M. vs Sangwe Mwambegele (PC Matrimonial Civil Appeal No. 7 of 1981) [1982] TZHC 103 (23 March 1982) Proceedings quashed and retrial ordered where magistrate’s conduct and assessors’ comments created reasonable apprehension of bias. Civil procedure — remedy — Proceedings quashed — retrial de novo ordered under s.90 Law of Marriage Act, 1971 Criminal law — Assessors’ views — recorded comments creating perception of bias Evidence — Evidence procedure — witnesses called out of order — breach of elementary trial procedure Family law — Matrimonial law — procedural fairness — reasonable apprehension of bias — magistrate making orders of own motion without hearing parties	23 March 1982
Mwambege Felix J. M. vs Sangwe Mwambegele ((PC) Matrimonial Civil App. No. 7/81) [1982] TZHC 37 (23 March 1982)	23 March 1982