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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

9 judgments

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9 judgments


November 2010
Fidelis Peter Kimario vs Innocent Peter Kimario (CIVIL APPEAL NO.2 OF 2008; ORIGINAL CIVIL CASE NO.2 OF 2007; (PC) Civil Appeal No. 2 OF 2009) [2010] TZHC 630 (12 November 2010) Primary courts lack jurisdiction over torts like defamation; the 30‑day appeal period runs from the judgment date. Civil procedure — Appeals from Primary Courts — delay in obtaining copy requires application for extension of time — Magistrates' Courts Act s 20(3) Tort — Defamation — Whether Primary Courts may hear defamation/slander claims	12 November 2010
In Re: Law of the Child Act; Act No 3 of 2009; In Re; Maurine Martin (The Infant); In Re: Application for the Adoption by Suzanne Hellen Macdonald (Misc Civil Adoption Cause No. 60 of 2006) [2010] TZHC 631 (12 November 2010)	12 November 2010
October 2010
Roimen Oleseiyou & Another vs Republic (DC Criminal Appeal No 7/2000) [2010] TZHC 626 (29 October 2010)	29 October 2010
Tchibo Estate Ltd v Hipoliti Makoi (DC Civil Appeal No. 12 OF 2008) [2010] TZHC 628 (29 October 2010) Omission to decide essential framed issues renders a judgment void and requires retrial de novo. Civil procedure — failure to decide all framed issues — Order XX, r.5 Civil Procedure Code — findings on causation and quantum necessary before awarding damages — judgment rendered void — revision under s.79(1)(c) — retrial de novo.	29 October 2010
September 2010
Nurdin K. Pessa vs Managing Director CRDB Bank Limited and Another (Misc. Civil Application No. 9 of 2008) [2010] TZHC 634 (7 September 2010) Leave to file an out‑of‑time application for leave to appeal was refused for insufficient excuse and no prospect of success. Civil procedure — Application for extension of time to apply for leave to appeal — delay allegedly due to illness — leave not automatic — appeal court generally will not admit fresh evidence to cure trial defects	7 September 2010
July 2010
Adelaida Hendry vs A.P.F Sachore (DC Matrimonia Appeal No. 1 OF 2009) [2010] TZHC 629 (30 July 2010) Domestic contributions merit compensation but do not automatically entitle a spouse to equal division or maintenance. Family law — Matrimonial property — division — domestic/wifely duties count as contribution — factors for division include customs, monetary and domestic contributions, debts and needs of infant children — long voluntary separation does not dissolve marriage — maintenance	30 July 2010
May 2010
Joseph Sikustahili vs Eliudi Peter Swai (DC Civil Appeal No. 14 of 2008) [2010] TZHC 633 (6 May 2010) A decree bearing dates different from the judgment date is defective; respondent’s preliminary objection sustained with costs. Civil procedure — defective decree — Proceedings founded on a defective decree are nullities — Order XX Rule 7 CPC Cap.33 R.E.2002 Tort — Malicious prosecution — acquittal does not automatically prove malicious prosecution — Honest belief in complaint required (absence of reasonable and probable cause and malice)	6 May 2010
April 2010
Ferista Aloyce Sawere and Others vs Agnes Aloyce Sawere and Another (MISC. PROB. & ADMN. APPL.NO. 19 OF 2008) [2010] TZHC 632 (30 April 2010) Revocation of administrators appointed by a District Court must be sought in that court; High Court only hears appeals. Civil procedure — jurisdiction — High Court lacks original jurisdiction to revoke District Court grants Civil procedure — Probate and administration of estates act — s82: appointing District Court may revoke appointment of administrator — s83: decisions of District Court appealable to High Court Civil procedure — Procedure — remedy by application to appointing court or by appeal	30 April 2010
Kindi Rural Coop. Society Ltd v Frederick Subiro ((DC) Civil Appeal No. 11 OF 2008) [2010] TZHC 627 (16 April 2010) Failure to refer an employment dispute to a labour officer under the Employment Act renders subsequent court proceedings a nullity. Employment law — jurisdiction — Mediation/conciliation as prerequisite	16 April 2010