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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

9 judgments

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9 judgments

Citation	Judgment date
August 1993
Frank vs Sofia Luvindu ((PC) Civil Appeal No. 29 of 1992) [1993] TZHC 222 (11 August 1993) Cohabitation alone does not create a presumption of marriage or confer spousal property rights under sections 114 and 160 of the Law of Marriage Act. * Family law – Cohabitation and presumption of marriage – Requirements for presumption (cohabitation, reputation as husband and wife, capacity to marry). * Statutory interpretation – Law of Marriage Act, 1971 – Sections 114 and 160; section 114 applies only after lawful dissolution of marriage. * Property rights – Claim by cohabitant/concubine for share of property acquired during cohabitation – not automatic; prior subsisting marriage negates reliance on s.114. * Evidentiary standard – Mere cohabitation insufficient; need for clear proof of communal reputation and statutory prerequisites.	11 August 1993
Frank X. Sindo vs Sofia Luvindu (PC Civil Appeal No 29 of 1992) [1993] TZHC 634 (11 August 1993) Mere cohabitation does not confer spousal property rights; sections 160 and 114 require reputation, capacity and lawful dissolution. * Family law – Cohabitation – Sections 160 and 114, Law of Marriage Act 1971 – Mere cohabitation does not create spousal status or statutory property rights. * Section 160 requires cohabitation of requisite duration, community reputation as husband and wife, and capacity to marry (no subsisting marriage). * Section 114’s remedies arise subsequent to lawful dissolution of marriage by court. * Subordinate court findings that cohabitation alone conferred rights were set aside.	11 August 1993
May 1993
Saidi Hassani vs The Republic (Criminal Appeal No. 148 of 1992) [1993] TZHC 223 (24 May 1993)	24 May 1993
April 1993
Mbepera vs Kastor (PC Civil Appeal No 36 of 1992) [1993] TZHC 606 (2 April 1993)	2 April 1993
March 1993
Swalehe Nyuchi and 2 Others vs Republic (HC Criminal Appeal No 97 of 1992) [1993] TZHC 461 (17 March 1993) Daylight identification upheld; convictions for impersonation and obtaining property by false pretences affirmed; appeal dismissed. * Criminal law – Identification evidence – visual identification in daylight and opportunity to observe – reliability of ID. * Criminal law – Credibility findings – appellate deference to trial court’s assessment absent misdirection. * Criminal law – Impersonation of public officer; obtaining property by false pretences. * Sentence review – custodial sentences of 12 months not excessive in context of impersonation and theft.	17 March 1993
February 1993
Rashidi Mamlo vs The Republic (Criminal Appeal No. 12 of 1992) [1993] TZHC 224 (24 February 1993) Unequivocal guilty plea upheld; conviction affirmed; appellate court substituted statutory 15-year sentence plus corporal punishment. Criminal law – plea of guilty – requirement that plea be unequivocal and properly recorded (s. 228(2) Criminal Procedure Act); Appeals – limits on appeals against conviction (s. 360(1)); Sentencing – appellate court power to set aside and substitute sentence (s. 366(1)(o)); Robbery with violence – statutory sentence of fifteen years’ imprisonment and statutory corporal punishment.	24 February 1993
Co-Operative Society Limited vs Salvius Kumburu (DC Civil Appeal No. 10 of 1991) [1993] TZHC 515 (18 February 1993) Where rights or property are held in common, the co‑operative society, not individual members, is the proper party to sue or be sued. Co‑operative societies – parties to litigation – where rights or property are held in common the society is proper party; joinder of individual members unnecessary.	18 February 1993
Republic vs Bakari Juma Nassoro @Linyang'anyanga (Criminal Sessions Case No. 12 of 1992) [1993] TZHC 588 (12 February 1993) Accused convicted of manslaughter (not murder) where single stick blow caused death but malice aforethought was not proved. * Criminal law – Homicide – Distinction between murder and manslaughter – requirement of malice aforethought; single blow with stick held insufficient to prove intent to kill. * Evidence – credibility of eyewitnesses – accepted to establish causation of death. * Sentence – custodial sentence of 15 years taking mitigating factors into account.	12 February 1993
January 1993
Eusterius Kayombo and Another vs Leonard Nyimbo and Another (DC Civil Appeal No. 14 of 1991) [1993] TZHC 514 (13 January 1993)	13 January 1993

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