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

12 judgments

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12 judgments

Citation	Judgment date
December 1985
Mussa Msasu vs Tatu Selemani (PC High Court Civil Appeal No 1 of 1985) [1985] TZHC 286 (4 December 1985) Court dismisses matrimonial appeal, finding the marriage irreparably broken down and awarding no costs. Matrimonial law – divorce – whether marriage has irreparably broken down – relevance of prior premature petition and desertion – appellate review of lower courts’ findings.	4 December 1985
Selemani Sima vs Swalehe Njoka (PC. HC. Civil Appeal No. 59 of 1984) [1985] TZHC 469 (2 December 1985) A husband who acquiesced in separation and neglected his wife is disentitled to damages for her adultery. Family law – adultery – damages – husband’s conduct and acquiescence – contributory conduct bars recovery. Evidence – testimony of spouse called by litigant – corroboration not required where witness is the litigant’s own and not hostile. Reliance on precedent: Ali Yusuf v Chief Kimoro (1930) 1 TLR 560.	2 December 1985
November 1985
Amosi vs Marko Kiima (PC HC Civil Appeal No. 20 of 1984) [1985] TZHC 466 (29 November 1985) Claim for recovery of loaned cattle held time-barred under three-year limitation period; appeal dismissed. Limitation law – accrual of cause of action for money lent – Item 2, Schedule to G.N. No.311 – three-year limitation period – demand or death as accrual dates – delay prejudicing a fair trial.	29 November 1985
Ilanda v Kwimba (Civil Appeal 37 of 1984) [1985] TZHC 635 (29 November 1985) Reported Civil Practice and Procedure - Hearing - Altering the nature of claim at hearing - Whether allowable under Primary Courts’ Civil Procedure Rules - Rule 44 of the Primary Court’s Civil Procedure Rules. Family Law - Maintenance - Compensation for maintenance of deceased’s children while cohabiting with their mother.	29 November 1985
Jingi v Kiduda (Civil Appeal 29 of 1984) [1985] TZHC 633 (26 November 1985) Reported Family Law - Adultery - Damages for - Where party not validly married - Whether suit for damages for adultery can be sustained - Law of Marriage Act, 1971, s. 72(2).	26 November 1985
Ramadhani v Juma (Civil Appeal 27 of 1984) [1985] TZHC 632 (23 November 1985) Reported Civil Practice and Procedure - Jurisdiction of Primary Courts - Whether a Primary Court has jurisdiction to try a common law tort of malicious prosecution.	23 November 1985
Mwendwa Mtinangi vs Juma Mahumbi (PC Civil Appeal No 25 of 1984) [1985] TZHC 461 (22 November 1985) A Primary Court award remains valid if it reflects a majority view including the trial magistrate’s adopted opinion, and silence by an assessor does not invalidate it. Civil procedure – Primary Court awards – validity where an assessor abstains – majority view and the trial magistrate’s vote; Assessment of damages – whether alleged conduct (relationship with respondent’s wife) can justify enhanced compensation on appeal.	22 November 1985
Athumani Kitija vs Abdallah Mwangu (PC. HC. Civil Appeal No. 14 of 1984) [1985] TZHC 456 (16 November 1985)	16 November 1985
Republic vs Manyehe Kaulule (Criminal Sessions Case No. 37 of 1984) [1985] TZHC 455 (15 November 1985) Evidence contradicted suicide; severe injuries and conduct established intent to kill, conviction for murder and death sentence. Criminal law — Murder — Distinguishing suicide from homicidal assault — Medical and eyewitness evidence on cause of death — Circumstantial evidence (history of ill‑treatment and post‑offence conduct) relevant to intent — Sentence: death.	15 November 1985
Hadija Majengo vs Fatuma mpusii (PC Civil Appeal No. 13 of 1984) [1985] TZHC 453 (14 November 1985) Appellate court dismissed administratrix’s claim to livestock as estate property due to insufficient evidence, hearsay, and undue delay. Administration of estates – claim to property as estate assets – burden of proof and admissibility of hearsay – effect of delay and failure to claim while custodian alive – appellate review of lower courts' findings.	14 November 1985
June 1985
Republic vs Hamisi Mkingi Shabani and Others (Criminal Sessions Case No. 23 of 1984) [1985] TZHC 394 (22 June 1985) Circumstantial evidence weakened by inconsistent witnesses and investigative omissions failed to prove murder beyond reasonable doubt. Criminal law – Murder – Circumstantial evidence must exclude other reasonable hypotheses – Evidence and credibility – Witness inconsistencies and intoxication – Investigative shortcomings and non-production of alleged weapons – No-case submission and acquittal under s.278(1) Criminal Procedure Code.	22 June 1985
Republic vs Archibold and Others (Criminal Sessions Case No. 17 of 1984) [1985] TZHC 388 (17 June 1985) Dying declarations corroborated by medical and circumstantial evidence supported manslaughter convictions for excessive force during an arrest. Criminal law – admissibility and corroboration of dying declarations (s.34 Evidence Act) – corroboration by circumstantial and medical evidence – unlawful excessive force during arrest – manslaughter (s.195 Penal Code) – murder distinguished for lack of malice aforethought.	17 June 1985