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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
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
3 judgments
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3 judgments
Citation
Judgment date
May 1990
Ikato Risyagati vs Benito ((PC) Civil Appeal No. 9 of 1985) [1990] TZHC 605 (17 May 1990)
17 May 1990
May 1989
Baliko Mwasyosa vs The Chairman of Ikolo Primary Cooperative Society (PC Civil Appeal No. 29 of 1988) [1989] TZHC 632 (12 May 1989)
An appeal based on a party sued in the wrong capacity is for the trial court to remedy; appeal dismissed, plaintiff to refile in correct capacity.
Civil procedure – misjoinder and capacity – Correct forum for resolving misjoinder is trial court – Appellate court cannot order joinder/release where trial court never considered the issue – Plaintiff should refile against proper capacity.
 12 May 1989
Mpasya s/o Mwaigonole vs Silvester s/o Mwaigomole (PC Civil Appeal No. 63 of 1988) [1989] TZHC 628 (10 May 1989)
Under Mfyakyusa customary law the first son inherits homesteads; appellant’s land claim was also time-barred.
* Customary law (Mfyakyusa) — inheritance — in polygamous families the eldest/first son inherits the deceased father's homesteads; * Allocation of homestead land by sole heir and role of clan advice; * Factual assessment of sketch plan as to proportion of land occupied; * Limitation — proceedings barred after 12 years (Rule 6, Schedule to District Law (Limitation of Proceedings) Rules, 1963).
 10 May 1989