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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
7 judgments
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7 judgments
Citation
Judgment date
September 1994
National Housing Corporation vs Chandarsingh Laxmidas Ltd (Civil Appeal No. 5 of 1994) [1994] TZHC 436 (13 September 1994)
A Reply contradicting the Plaint is incompetent; parties remained at issue and the trial judgment was quashed and remitted.
Civil procedure – Pleadings – Reply inconsistent with Plaint – Order VI r 7 prohibits new or inconsistent allegations except by amendment; Issues – framing issues from contested material propositions (Order XIV); Judgment under Order XV r 11 – court must be satisfied as to identity/good faith before pronouncing judgment; Procedural irregularity – failure to frame issues and misconstruction of pleadings entitles successful appeal and remit for de novo hearing.
 13 September 1994
August 1994
Mariam Ismail vs Rashidi S. Nachinuku (PC Matr. Civil Appeal No 1 of 1993) [1994] TZHC 719 (11 August 1994)
Where an unretracted talak is established and conciliatory efforts have failed, the court must grant divorce under s.107(3).
* Family law – Law of Marriage Act 1971 s.107(3) – Islamic divorce (talak) – court must grant dissolution where subsection’s conditions substantively met. * Islamic personal law – effect of unretracted talak observed during iddah – sufficiency as act dissolving marriage. * Civil procedure – appellate review – correction of lower courts’ overly formalistic approach to s.107(3). * Interpretation – sequence and standard of proof for s.107(3) in cases involving Muslim parties.
 11 August 1994
Mohamed Mkomi Chihuku vs Ally Mkomi Chihuku (PC Civil Appeal No 3 of 1994) [1994] TZHC 718 (11 August 1994)
Second appeal dismissed; court will not disturb first appellate factual findings absent a contested point of law.
* Civil procedure – Second appeal – appellate interference with findings of fact – absent contentious point of law the appellate court will not disturb first appellate court’s factual conclusions; evidence must support land claim.
 11 August 1994
Salima Shaweji vs Juma Mohamed Fundi (Pc Civil Appeal No. 25 of 1993) [1994] TZHC 717 (1 August 1994)
Whether admission and customary-law rights support recovery of agricultural produce and debts, and who may sue for unpaid bridewealth.
Customary law and evidence — admission of debt at family gathering as proof of indebtedness; agricultural produce and heirs’ maintenance — entitlement of a maternal relative caring for heirs to a share; bridewealth/dowry — statutory right to sue vests in the father (Law of Persons GN No.279/63).
 1 August 1994
July 1994
Mariam Ismail vs Rashidi Salum Nachinuku (Civil Appeal No 10 of 1993) [1994] TZHC 716 (16 July 1994)
Appellant failed to prove an absolute gift of the house; court held the property is a matrimonial asset.
Property law; matrimonial property – whether registration in spouse’s name constitutes a hiba (gift) under Islamic law – proof required; rebuttal by purchaser; classification as matrimonial asset under the Marriage Act.
 16 July 1994
June 1994
Hamisi D. Namkuyaluka vs Naomi Boniface (Civil Appeal No. 11 of 1993) [1994] TZHC 431 (28 June 1994)
Court held referral to conciliatory board impracticable due to prolonged desertion and adultery; appeal dismissed.
Marriage law – Section 101(f) 'impracticable' exception to mandatory referral; scope of judicial discretion; Marriage Conciliatory Board jurisdictional defects; effect of section 104(7); adequacy of certificate under ss.104(5) and 106(2).
 28 June 1994
May 1994
Ally Bakari Chionda vs Abdi Bushiri (PC Civil Appeal No 29 of 1993) [1994] TZHC 709 (18 May 1994)
Second appellate court affirms factual appellate finding: uncontroverted vendor evidence supports respondent’s title; appeal dismissed.
Land law – boundary/possession dispute – credibility of vendor testimony – failure to call vendor as witness – appellate interference with trial court findings of fact.
 18 May 1994