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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 1979
Mohere Nyamonge vs Alamasere Chacha ((PC) Civil Appeal No. 24 of 1979) [1979] TZHC 212 (13 December 1979) Bride price not refundable where the respondent’s daughter died while still married to the appellant; appeal dismissed. Customary law – Bride price – Refundability – Where wife dies while still married no refund under Rule 80A Declaration of Customary Law Rules 1963; effect of alleged retrieval of wife for unpaid bride price; procedural failure of Primary Court to resolve key factual issues.	13 December 1979
Phillipo Makuru vs Kora Nyanusogi ((PC) Civil Appeal No. 23 of 1979) [1979] TZHC 211 (13 December 1979) Wife’s deliberate abandonment permits refund of bride price under Rule 59, but court may reduce refund to avoid unfairness to an innocent third party. * Customary law – Refund of bride price – Rule 59 Declaration of Customary Law Rules – full refund where wife deliberately breaks up marriage even with issue present. * Evidence and credibility – assessment of parties’ testimony and effect on entitlement. * Judicial discretion – reducing refund to avoid unfairness to innocent third party.	13 December 1979
Kihongo Marwa vs Nyamhanga Mwita ((PC) Civil Appeal No. 22 OF 1979) [1979] TZHC 207 (11 December 1979) Appellant failed to prove under Wakuria customary law that one cow died; appeal dismissed and assessors’ findings upheld. Customary law – proof of loss/death of cattle under Wakuria/Kuria custom – weight of assessors’ evidence from the tribe – appellate deference; bride-price refund; withholding property as condition for refund.	11 December 1979
Bi. Mariam Hassan vs vRamadhani Mgonjwa ((PC) Matr. Civil Appeal No. 13 of 1979) [1979] TZHC 206 (10 December 1979) Applicant's uncorroborated allegations of cruelty were disbelieved; appeal dismissed for lack of credible evidence. * Family law – dissolution of marriage – cruelty as ground for divorce – requirement that allegations be credible and supported by evidence; corroboration and reporting to others affect credibility.	10 December 1979
May 1979
Gakubwa Mabozi vs Magambo Mugudya ((PC) Civil Appeal No. 80 OF 1977) [1979] TZHC 74 (10 May 1979) A claimant cannot recover bride wealth while the marriage subsists; dissolution must precede any refund claim. Family law – Bride wealth/dowry – Refund of bride wealth cannot be claimed while marriage subsists; dissolution must precede refund claim – Appeal dismissed as premature.	10 May 1979
April 1979
Wankuru Ginono vs Mwita Wanyancha (PC Civil Appeal No. 265 of 1975) [1979] TZHC 14 (30 April 1979) Failure to refer a matrimonial dispute to the Conciliatory Board and produce the statutory certificate deprives the court of jurisdiction. Marriage Act 1971 — section 101 — mandatory referral of matrimonial difficulty to Conciliatory Board; section 106(2) — requirement that a divorce petition be accompanied by a Conciliatory Board certificate not older than six months; failure to comply — lack of jurisdiction and nullity of decree.	30 April 1979
January 1979
Kyara Kaji vs Chacha Mbunduki ((PC) Civil Appeal No. 25 of 1979) [1979] TZHC 297 (1 January 1979) Appellant had no cause of action to claim refund of bride‑price; a woman cannot be treated as property for such claims. * Customary law – bride‑price – repayment – standing to sue for return of bride‑price on behalf of another. * Status of woman – not property – personal autonomy impacts enforceability of bride‑price claims. * Appeal – appellate review upholds district court finding of no cause of action.	1 January 1979

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