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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

7 judgments

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7 judgments

Citation	Judgment date
December 1998
Mohamedi Khatibu Ally vs Mwanakama Hemedi Ally (Misc. Civil Application No. 9 of 1999) [1998] TZHC 2244 (24 December 1998) Leave to appeal refused: ownership dispute over matrimonial assets is factual, not a point of law. * Family law – Matrimonial proceedings – Ownership of matrimonial assets – Whether ownership dispute may be determined in divorce petition – Distinction between questions of fact and points of law for appellate review.* Appellate procedure – Leave to appeal and certificate of points of law – factual disputes not cognizable as points of law before the Court of Appeal.	24 December 1998
Salumu Ngalanda vs Republic (Miscellaneous Criminal Application No.24 of 1998) [1998] TZHC 2242 (21 December 1998) Bail pending appeal granted where appeal showed overwhelming chances of success and no fraud or false pretence was found. Criminal procedure – Bail pending appeal – s.368(1)(a)(i) – requirement of ‘overwhelming chances of success’; Equivocal plea – effect on assessment of appeal prospects; Absence of fraud or false pretence as factor supporting bail; Conditions to ensure attendance (bond, surety, surrender of travel documents, regional travel restriction).	21 December 1998
November 1998
Kwanga v Akachapa (PC Civil Appeal No. 1 of 1997) [1998] TZHC 2536 (24 November 1998) (From the Judgment of Mtwara District Court at Mtwara in Civil Appeal No. 17 of 1997) Family Law — Divorce - Dissolution of marriage - Whether dissolution effected jj by talak and division of matrimonial assets - Law of Marriage Act 1971. Family law - Marriage - Contracting a civil marriage - Whether a civil marriage is contracted by registration of intention - Section 29 of the Law of Marriage Act 1971. Family Law — Adultery — Proof of adultery	24 November 1998
Mohamed v Republic (Criminal Appeal No. 29 of 1997) [1998] TZHC 2556 (4 November 1998) Criminal Law - Cattle Theft - Two goats slaughtered and stolen at night — Appellant found with 2kgs of goat meat the following evening - Whether the appellant was the thief	4 November 1998
October 1998
Agnes Bakari vs Julius P. Mnong'one (PC CIVIL APPEAL NO. 17 OF 1996) [1998] TZHC 2254 (6 October 1998) Siblings jointly owned a house built with mixed contributions and are equally liable for the bank loan; valuation and buy-off ordered. Property/Ownership – contributions in kind and money; insufficient evidence of proportions leads to equal sharing; bank loan encumbrance – joint liability for case purposes; valuation and buy-off remedy; trial court pecuniary jurisdiction noted despite absent plaint valuation.	6 October 1998
June 1998
K.G Dewsi Limited vs Mtwara Region Coop Union (1984) Ltd (Miscellaneous Civil Application No. 2 of 1995) [1998] TZHC 2045 (24 June 1998) Breach of a compromise decree permits a decree holder to recover costs and an unpaid daily allowance under taxation rules. Winding-up proceedings — compromise deed given force of decree — breach of compromise — costs despite clause that each party bears own costs; Bill of costs — consolidation of repetitive daily items permissible under Rule 53; Allowances — party’s subsistence allowance recoverable under Advocates' Remuneration and Taxation Rules (schedules XI/XII); Zuberi Gigi distinguished where vouchers for disbursements are unnecessary.	24 June 1998
May 1998
Mehboob J. Mawji vs The Regional Police Commander and Another (Misc. Civil Cause No. 1 of 1997) [1998] TZHC 2075 (29 May 1998) Police unlawfully seized a vehicle lawfully bought at a court-ordered auction; seizure quashed and vehicle restored to applicant. Civil procedure – execution of industrial court decree – warrant of attachment and proclamation of sale; auction purchaser’s rights; unlawful police seizure; certiorari and mandamus to quash seizure and compel restoration.	29 May 1998

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