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

16 judgments

Advanced search

Court registries

All years

All months

May
June

Filters

Sort by:

16 judgments

Citation	Judgment date
June 1983
Mafutari Maro vs Nyamoke Chome ((PC) High Court Civil Appeal No. 25 of 1982) [1983] TZHC 495 (9 June 1983) Respondent held liable to refund 22 head of bridewealth cattle after 18 were seized in execution. Family law — bridewealth (lobola) recovery — credibility of conflicting accounts of seizure and restoration of cattle — effect of execution seizure by third party on respondent’s liability to refund — civil restitution despite prior criminal conviction.	9 June 1983
May 1983
Mukami Nyisurya vs Magiga Chacha ((PC) Civil Appeal No. 19 of 1982) [1983] TZHC 490 (30 May 1983) Appeal dismissed; trial courts’ order that appellant refund 20 head of bridewealth cattle is upheld. Family law – bridewealth (dowry) – recovery on dissolution of marriage – quantification of bridewealth and deduction for matrimonial life – appellate review of primary and district court findings.	30 May 1983
Ernest Gaspary vs Monika Bongo (Matrimonial (PC) Civil Appeal No. 2 of 1982) [1983] TZHC 102 (28 May 1983) Divorce set aside where respondent failed to prove cruelty; family witnesses were unreliable and uncorroborated. * Family member witnesses – credibility – close relatives’ testimony of alleged matrimonial cruelty carries limited weight without independent corroboration; omissions and contradictions undermine proof of cruelty. * Divorce law – requirement to prove cruelty/neglect on balance of probabilities before decree can be granted. * Appellate review – setting aside Primary Court divorce where evidence is insufficient.	28 May 1983
Nyakohea Marwa vs Mumanyi Mwiga (PC Civil Appeal No 135 of 1981) [1983] TZHC 613 (27 May 1983)	27 May 1983
Chacha Keni vs John Maitarya (PC Civil Appeal 142 of 1981) [1983] TZHC 610 (24 May 1983) A subsequent bridewealth claim was barred by res judicata; piecemeal litigation disallowed and appeal dismissed. * Civil procedure – Res judicata – subsequent suit on same bridewealth dispute barred by prior proceedings; piecemeal litigation prohibited; finality of judgments.	24 May 1983
Wainani Kihingu vs Mangera Mussa ((PC) Civil Application No. 10 of 1982) [1983] TZHC 101 (24 May 1983) Extension of time denied where applicant failed to prove respondent absconded; civil claim time-barred. Limitation of actions — application for extension of time — requirement to prove sufficient cause — alleged respondent absence/abscence to another country — credibility findings of trial magistrate upheld.	24 May 1983
Wainani Kihingu vs Mangera Mussa (PC Civil Application No. 10 of 1982) [1983] TZHC 485 (24 May 1983) Appellant failed to show sufficient cause for extension of time; appeal dismissed and suit time-barred. Limitation of actions – extension of time – applicant must show sufficient cause for delay – credibility findings by trial magistrate on factual disputes are binding absent clear error – appeal dismissed where no satisfactory evidence justified granting extension.	24 May 1983
Matiko Itinde vs Wambura Ngoto (PC Civil Appeal No. 111 of 1981) [1983] TZHC 607 (21 May 1983) Appeal dismissed: appellate courts may reverse a trial court where witness evidence supports recovery of bailed cattle. Civil appeal – recovery of cattle – bailment and delivery – evaluation of witness credibility – appellate court justified in reversing trial court where evidence supports claim.	21 May 1983
Manzi Mkaka vs Elizabeth Ikamata (PC Matrimonial Civil Appeal No. 9 of 1982) [1983] TZHC 100 (20 May 1983) High Court allowed appeal, finding no evidence supported the divorce petition; trial court’s dismissal restored. Family law – divorce petition – sufficiency of evidence to prove abandonment or mistreatment; appellate review – district court’s reversal set aside where no evidence supported the petition; primary court’s factual finding restored.	20 May 1983
Mwita Korokoye vs Sasi s/o Taiboye (PC Civil Appeal No. 75 of 1981) [1983] TZHC 605 (19 May 1983) The appellant is bound to pay the outstanding bridewealth after admitting payment and promising the balance; appeal dismissed. Family law – bridewealth (dowry) – enforceability of an agreed balance – written admission/promise to pay – effect of not raising defence at trial and raising it only on appeal.	19 May 1983
Marwa Mugoye vs Migoiga Misiyomi (PC Civil Appeal No. 7 of 1982) [1983] TZHC 480 (18 May 1983) The respondent proved an unpaid balance of bridewealth; the appellant's appeal was dismissed. * Family law – bridewealth (dowry) – recovery of unpaid balance – proof of payment and partial refund; credibility of witnesses and burden of proof.	18 May 1983
Boke d/o Musoma vs Nyambeho s/o Maroga (PC Matrimonial Civil Appeal No. 22 of 1981) [1983] TZHC 92 (17 May 1983) Divorce decree set aside where petitioner relied solely on an uncorroborated minor’s testimony and failed to prove allegations. * Family law – Divorce – Sufficiency of evidence to prove matrimonial offences – Reliance on uncorroborated minor’s testimony. * Evidence – Credibility and weight of testimony of a 13‑year‑old – Need for corroboration and calling available witnesses. * Civil procedure – Appellate review – Setting aside decree for insufficiency of proof.	17 May 1983
Mungura Rukambura vs Manyonyi Rukambura (Miscellaneous Civil Appeal No. 5 of 1982) [1983] TZHC 479 (17 May 1983) The respondent's inheritance claim failed for lack of proof and being time‑barred; trial court judgment restored. Inheritance dispute; proof of ownership/possession of deceased's property; limitation/time‑bar over delayed claims; necessity of calling clan members and joining all heirs; appellate correction of erroneous reversal of trial court.	17 May 1983
Chiromwa Musami vs Masurumbai Simba (PC Civil Appeal No 29 of 1981) [1983] TZHC 604 (16 May 1983) Respondent entitled to unpaid bridewealth balance; appellant’s appeal dismissing liability was refused. Bridewealth – recovery of unpaid balance – agreement to pay 12 head, 7 paid, 5 outstanding – liability of payer – subsistence of marriage – appellant’s defence that he is no longer obliged to pay rejected; question of who ultimately bears payment is not a defence to claimant.	16 May 1983
Elisha Mulegi vs Priscilla Okech (PC Matrimonial Civil Appeal No. 18 of 1981) [1983] TZHC 94 (13 May 1983) Failure to refer spouses to reconciliation board before divorce petition invalidates the divorce; parties remain married. * Matrimonial law – mandatory referral of matrimonial disputes to marriage reconciliation board before instituting divorce proceedings; failure to summon spouse constitutes procedural irregularity vitiating divorce judgment.	13 May 1983
Nyangi Odongo vs Owila Owangi (PC Civil Appeal No. 26 of 1980) [1983] TZHC 650 (5 May 1983)	5 May 1983