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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. 

Physical address
24 Kivukoni Road, P O Box: S.L.P. 9004
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https://jmap.judiciary.go.tz/jmap/jmap-hc
5 judgments
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5 judgments
Citation
Judgment date
May 1994
Robert Musonge vs Cosmas Salige ((PC) Civil Appeal No. 221 OF 1993) [1994] TZHC 869 (5 May 1994)
Appellate misdirection on formalities of contract overturned; respondent ordered to account for 13,000/- based on admissions and valuation.
Partnerships – proof of partnership and accounting – contracts need not be in writing or witnessed by specific number of witnesses – insufficiency of undocumented transactions – admissions as basis for quantifying liability.
 5 May 1994
Nchagwa Zacharia vs Tugara Bwana ((PC) Civil Appeal No. 160 of 1993) [1994] TZHC 868 (3 May 1994)
A historical land claim cannot displace another’s long, quiet occupation and development; appeal dismissed.
* Land law – adverse possession/long quiet occupation – whether prolonged peaceful occupation defeats historical or ancestral ownership claims; public policy favoring certainty and development.
 3 May 1994
John Lukwi vs Marwa Machugu ((PC) Civil Appeal No. 128 of 1993) [1994] TZHC 864 (2 May 1994)
An appellate document lacking required points, reasons and relief is not a valid judgment; appeal allowed and rehearing ordered de novo.
* Civil procedure – Appeals from primary courts – Requirements of rule 16 (Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules, 1964) – appellate judgment must state points of determination, decision thereon, reasons and relief. * Invalidity of a judgment – failure to give reasons and state relief – such document is not a valid appellate judgment and may be quashed. * Remedy – quashing of defective judgment and ordering rehearing de novo before a competent magistrate with assessors; direction to appellate magistrate to prepare a compliant judgment.
 2 May 1994
April 1994
Keten Tanibubuya vs Monanka Nyageko Chacha (HC Civil Appeal No. 68 of 1991) [1994] TZHC 1065 (29 April 1994)
29 April 1994
Majibho Nyachiriga vs Julius Oribunde ((PC) Civil Appeal No. 157 OF 1993) [1994] TZHC 858 (21 April 1994)
Long, uninterrupted customary family occupation of land precludes dispossession by an unproven inheritance claimant.
Land law – Customary title and long uninterrupted family occupation since 1944 – Protection against dispossession; credibility of oral inheritance claims; evidentiary weight of continuous possession.
 21 April 1994