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

11 judgments

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11 judgments

Citation	Judgment date
November 1976
Chacha Marwa vs Misana Manyinja (PC Civil Appeal No. 291 of 1975) [1976] TZHC 155 (19 November 1976) Trespass proved; assessors’ damage assessment restored and full damages awarded after magistrate unlawfully reduced the award. * Tort – Trespass to land – Proof of trespass and damage – Eye‑witness agricultural evidence and damage estimate admissible and credible. * Evidence – Identification – Tending of cattle by appellant's child sufficient circumstantial basis for attributing ownership. * Civil procedure – Assessors – Magistrate may not lawfully overrule majority opinion of assessors in Primary Court. * Damages – Arbitrary reduction of assessed damages may be set aside on review and full assessed amount restored.	19 November 1976
Magesa s/o Magoti vs Makonge s/o Maiga ((PC) Civil Appeal No 290 of 1975) [1976] TZHC 154 (19 November 1976) The applicant failed to prove part-payment; courts accepted the respondent’s evidence and dismissed the appeal. Civil procedure – burden of proof – allegation of payment to deceased payee – absence of documentary evidence – witness credibility – appellate deference to lower courts’ factual findings.	19 November 1976
Gerai Makiano vs Nashaka s/o Tumbo (PC Civil Appeal No. 883 of 1975) [1976] TZHC 153 (18 November 1976) Appellant not entitled to full refund of bride price where his mistreatment caused the marriage breakdown. * Customary marriage – refund of bride price (lobola) – entitlement to restitution on divorce – effect of spouse’s conduct in causing breakdown; appellate review of factual findings on blame for marital breakdown.	18 November 1976
Makwogu Masonzo vs Baruti Nyumba (PC Civil Appeal No. 228 of 1975) [1976] TZHC 151 (16 November 1976) Appeal dismissed where appellant had agreed in the Primary Court record to accept cash instead of the bull. Civil appeal – Second appeal – Agreement recorded in Primary Court – Signature as evidence of consent – Substitution of monetary compensation for specific goods – Appellate court will not undo parties’ recorded agreement.	16 November 1976
Ally Jarifu vs Ibrahim Nyarundu (PC Civil Appeal No. 205 of 1975) [1976] TZHC 150 (15 November 1976) Appeal wrongly admitted; forcible return of a wife is barred by Law of Marriage Act and appeal remitted to district court. Law of Marriage Act s.140 – forcible return of wife prohibited; matrimonial remedy is divorce, not compulsion; appellate procedure – improper direct admission from Primary Court; remit to district court.	15 November 1976
Bedicila Monyenye vs Muniku Tuthuru (PC Civil Appeal No. 141 of 1975) [1976] TZHC 149 (11 November 1976) A Primary Court erred by dissolving the appellant’s marriage without a Conciliatory Board certificate of irreparable breakdown. Matrimonial law – requirement of Conciliatory Board certificate before dissolution; sufficiency and corroboration of allegations in divorce petitions; procedural irregularity — divorce set aside for lack of required certificate.	11 November 1976
Chacha Ikwabe vs Roswe Nyambacha ((PC) Civil Appeal No. 86 of 1975) [1976] TZHC 148 (9 November 1976) Appellate court disallowed bride-price refund where cattle died after claimant took possession and Primary Court’s assessor practice was procedurally irregular. * Customary law – bride price – refund – entitlement where marriage dissolution and fault not proved. * Civil procedure – Primary Court assessors – need for continuity; irregular substitution of assessors invalidates judgment. * Evidence – requirement to prove dissolution and fault to determine refund of bride price. * Appeal – appellate court may uphold district court’s factual finding that claimant bears loss where property died after possession.	9 November 1976
Jackson Johana vs Makero Ogolo (PC Civil Appeal No. 26 of 1975) [1976] TZHC 147 (8 November 1976) Courts cannot unilaterally determine customary brideprice; amount must be negotiated and agreed by the parties. Customary marriage – Brideprice – Courts cannot determine level of brideprice; amount fixed by negotiation and agreement between parties; court role limited to enforcing prior agreement. Civil procedure – Duty of appellate court to correct irregularities and misdirections even if not raised by parties; requirement for recorded evidence in primary court.	8 November 1976
Zedekia Alando Aloo vs Ochamu Okech (PC Civil Appeal No. 5 of 1975) [1976] TZHC 146 (5 November 1976) The applicant failed to prove entrustment of cattle; trial courts’ credibility findings were upheld and appeal dismissed. Civil procedure – appeal – evaluation of credibility – appellate court will not interfere with primary court's factual findings where evidence is balanced and trial court gave reasons; burden to prove entrustment of property requires corroboration or written acknowledgement.	5 November 1976
Mniko Wambura vs Naftali Wambura (PC Civil Appeal No. 309 of 1975) [1976] TZHC 144 (2 November 1976) Liability for adultery hinges on the alleged adulterer’s honest belief the woman was unmarried, not merely refunded bride price. * Customary marriage – bride price – refund does not by itself dissolve marriage; * Adultery claims – liability depends on alleged adulterer’s honest belief regarding marital status; * Evidence – assurance by parents and refund of bride price relevant to bona fide belief.	2 November 1976
October 1976
Paulo Muhuna vs Manyenyi Mugendi (PC Civil Appeal No. 229 of 1975) [1976] TZHC 152 (17 October 1976) Appeal concerning refund of bride price: fault apportioned, and duration and children reduce refundable amount. * Family law – Marriage dissolution – refund of bride price – factors relevant to quantum: culpability for breakdown, duration of marriage, children born and parties’ conduct.* Civil appeals – appellate correction of primary court awards when relevant mitigating factors were not considered.	17 October 1976