Skip to document content Skip to main menu Skip to search

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
6 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
December 1986
Republic vs Isale Muhono (Criminal Sessions Case 139 of 1984) [1986] TZHC 467 (13 December 1986)
Insufficient proof of malice; acquitted of murder, convicted of manslaughter and sentenced to seven years.
* Criminal law – Murder vs manslaughter – requirement of malice aforethought and when conviction may be reduced to a lesser offence. * Criminal law – Self-defence and fight – assessment of competing versions where single eyewitness evidence is relied upon. * Evidence – credibility and sufficiency of eyewitness testimony; weight of medical evidence; failure to produce alleged weapons.
 13 December 1986
Chacha Chiwale vs Mwita Magwega ((PC) Civil Appeal No. 148 of 1985) [1986] TZHC 373 (10 December 1986)
High Court restored a customary elders’ bridewealth award, holding appellate reduction was unjustified and instalments preferable to reduction.
* Customary law – bridewealth – elders’ determination – courts should respect customary quantification of bridewealth and not substitute their own views. * Civil procedure – appellate interference – appellate court should not unjustifiably interfere with trial court findings based on customary determinations. * Remedy – payment difficulties may be addressed by instalments, not by reducing customary awards.
 10 December 1986
November 1986
Republic vs Mwikwabe Semseli (Criminal Sessions Case No. 235 of 1984) [1986] TZHC 453 (22 November 1986)
Acquitted of murder for lack of malice; convicted of manslaughter after a sudden fight and sentenced to five years.
* Criminal law – Murder v. manslaughter – whether malice aforethought proved; sudden fight and self-defence considered. * Evidence – credibility of eyewitnesses; asses­sors’ opinion adopted. * Weapons – customary carrying of a knife in rural areas does not by itself prove intent to kill. * Sentence – custodial sentence imposed for manslaughter.
 22 November 1986
Benedicto Muhabu Matiko vs William Nyagiro and Another (High Court Civil Appeal No. 35 of 1985) [1986] TZHC 365 (6 November 1986)
A long delay in contesting an execution sale bars relief; appeal against attachment and sale of a house dismissed.
Execution sale; attachment of residential house; Civil Procedure Code s.48 (as amended); proper procedure to contest attachment is to apply to issuing court; laches/finality of sale bars delayed challenge.
 6 November 1986
Itembe Nyamhanga vs Nyamhanga Waitaro ((PC) Civil Appeal No. 24 of 1985) [1986] TZHC 364 (6 November 1986)
A primary court judgment without recorded evidence or assessors' opinion is a nullity; appeal dismissed with costs.
* Civil procedure – Primary Court judgment – Failure to record evidence and assessors' opinion – Procedural defect rendering judgment a nullity; appeal dismissed with costs.
 6 November 1986
Bega Mang'ali vs Mwita Sibemba ((PC) Civil Appeal No. 25 of 1985) [1986] TZHC 363 (5 November 1986)
A parent who pays bridewealth may sue for its refund and may represent an absent son in civil proceedings.
Customary law – bridewealth (lobola) – refund on dissolution of marriage; Locus standi – payer of bridewealth entitled to sue; Civil procedure – representation by relative for absent party.
 5 November 1986