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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
2 judgments
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2 judgments
Citation
Judgment date
December 2012
Moshi Abdallah Kovu vs Fadhili Njende (DC Matrimonial Appeal No. 1 of 2011) [2012] TZHC 177 (11 December 2012)
Appeal allowed: divorce petition was incompetent without conciliatory-board certificate and witnesses’ evidence was unsworn.
* Family law – Divorce – Mandatory referral of matrimonial difficulty to Marriage Conciliatory Board – Certificate required (Law of Marriage Act ss101,106(2)). * Family law – Exceptions to referral – section 101(a)–(f) inapplicable where not demonstrated. * Evidence – Witnesses must swear or affirm (Oaths and Statutory Declarations Act s4(a)); unsworn testimony inadmissible. * Procedural irregularity – Failure to comply with statutory prerequisites vitiates trial judgment and orders.
 11 December 2012
July 2012
Joseph Mbuya vs Ngalipambone Mahita (Misc. Civil Application No. 10 of 2011) [2012] TZHC 181 (12 July 2012)
Leave to appeal refused where no arguable point of law and land ownership dispute lacks sufficient record and needs proper forum.
Appellate procedure — leave to appeal — requirement of a point of law; Revisional jurisdiction — limits under section 22(3) Magistrates' Courts Act — need to give parties opportunity to be heard; Probate proceedings vs. land disputes — ownership of land must be determined in appropriate land forum; Insufficiency of record for appellate determination.
 12 July 2012