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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

8 judgments

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8 judgments

Citation	Judgment date
November 1987
Bita Nyamrcha vs Meru Muruka (PC Civil Appeal No. 84 of 1987) [1987] TZHC 572 (30 November 1987)	30 November 1987
July 1987
Silasi Ndaro vs Maraba Shemu (PC Civil Appeal No 11 of 1987) [1987] TZHC 310 (24 July 1987) Concurrent adultery finding upheld; court restored customary one-cow award and set aside district court’s punitive enhancement. Family law – adultery – assessment of damages – court must consider relevant community custom under s.74(2)(a) of the Law of Marriage Act; s.74(1) prohibits punitive or exemplary elements in damages – appellate review of concurrent factual findings; waiver of issues not raised below.	24 July 1987
Silasi Ndaro vs Maraba Shemu (PC Civil Appeal No. 11 of 1987) [1987] TZHC 485 (24 July 1987) Adultery finding upheld; primary court's customary damages restored; punitive enhancement by district court rejected. Adultery — assessment of damages — relevance of customary law under s.74(2)(a) Law of Marriage Act — damages for adultery must exclude punitive or exemplary elements per s.74(1) — appellate interference with primary court’s award — concurrent factual findings upheld.	24 July 1987
June 1987
The Republic vs William Max Makabwa (Economics Crimes Case No. 28 of 1986) [1987] TZHC 137 (16 June 1987) Acquittal where unreliable identification and inconsistent witness evidence left prosecution without proof beyond reasonable doubt. Criminal law – Cattle theft – Identification of stolen property – Reliability and consistency of identifying marks – Credibility of witnesses – Burden of proof and prima facie case – Acquittal for insufficient evidence.	16 June 1987
May 1987
Magabanya v Mulya (1987 TLR HC 22) [1987] TZHC 815 (28 May 1987) Reported Family Law - Enticement - Adultery - Assessment of damages for adultery or enticement - Court to have regard to the custom of the community to which the parties belong - Whether husband and wife were living together-S74 Law of Marriage Act 1971.	28 May 1987
Manungu Bunyamu vs Sapwel M. Mandelende (PC Civil Appeal No. 4A of 1987) [1987] TZHC 475 (28 May 1987) Appeal to retain full brideprice dismissed; no evidence customary rule applied and lower court’s reduction justified. Customary law – brideprice (lobola) restitution on dissolution – effect of marriage duration and children on amount refundable – applicability of claimant’s tribal custom when respondent is of a different community – appellate interference with lower court’s discretionary adjustment.	28 May 1987
Stephen Mangure vs Kubyo Chacha (PC/Civil Appeal No. 6 of 1987) [1987] TZHC 476 (28 May 1987) Appeal dismissed; district court rightly increased brideprice return given short marriage, single issue and subsequent remarriage. Family law — dissolution of marriage — brideprice (dowry) reclamation — effect of short marriage, issue and subsequent remarriage on quantum of cattle to be returned — appellate review of enhancement of award.	28 May 1987
Kaare v General Manager Mara Cooperative Union (1984) Ltd (1987 TLR HC 17) [1987] TZHC 813 (12 May 1987) Reported Labour Law - Labour dispute - Existence of- Letter from Secretary General of Juwata to Regional Secretary of Juwata instructing the latter to pursue a complaint - Whether evidences existence of a dispute. Civil Practice and Procedure - Interlocutory injunction - Application for - Principles governing power to grant such application.	12 May 1987

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