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

9 judgments

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9 judgments

Citation	Judgment date
November 2001
Prisca Magaga vs Alphonsina Sanga ((DC) Civil Appeal No. 12 of 1999 (No. 36/1999)) [2001] TZHC 759 (22 November 2001) Adultery claim failed because the birth‐register extract lacked statutory proof of authenticity and there was no direct evidence. Adultery — proof required; circumstantial evidence insufficient. Evidence — authenticity and statutory procurement of birth registry extracts; admissibility and evidential weight. Births and Deaths Registration Ordinance — requirement of statutory search/payment to prove an extract's authenticity.	22 November 2001
October 2001
Constantin Lupindu vs Solomon Lupindu (PC Civil Appeal Case No. 23/1996) [2001] TZHC 756 (31 October 2001) Appellant’s claim to ancestral land was not time‑barred; accrual occurred on his 1991 return, so appeal succeeds and ownership is declared. Limitation law (GN 311/1964) – accrual of cause of action for recovery of land occurs when claimant becomes aware of trespass; discretion under rule 3(4) for absent claimants. Land law – distinction between licensee occupation and adverse possession; rights in permanent crops and improvements. Procedural – misapplication of limitation rules by lower courts remedied by quashing and declaratory relief.	31 October 2001
September 2001
Festo Mdomba vs Republic (HC Criminal Appeal No 72/1998) [2001] TZHC 626 (24 September 2001)	24 September 2001
Alois Ntanga vs Kaspary Komba (PC Civil Appeal No. 19 of 1996) [2001] TZHC 752 (14 September 2001) Primary Court’s earlier decision on land ownership is final; District Court erred in ordering equal partition and its order is quashed. Land law — ownership dispute; res judicata — earlier Primary Court decision precludes re-litigation by successor in title; appellate review — District Court erred in ordering partition without evidential basis and misunderstanding of prior judgment.	14 September 2001
Nolasko Mapunda vs Aron Mbele (Misc Civil Appeal No. 11 of 1996) [2001] TZHC 750 (4 September 2001) A dismissal for want of prosecution without Registrar’s directions or notice was set aside and the appeal reinstated. Civil procedure – Appeal – Dismissal for want of prosecution – Registrar’s duty under Magistrate’s Courts Act to give directions before dismissal – absence of notice or directions renders dismissal irregular and voidable; appeal restored. Costs – no order; each party to bear own costs.	4 September 2001
Atanas Sangana vs Keneth Lindo Ndunguru (PC Civil Appeal No. 71 of 1996) [2001] TZHC 748 (3 September 2001) Appeal over trespass and destroyed cassava: ownership affirmed, damages reduced to Shs. 50,000/=; appeal allowed in part. Property/trespass – cultivation dispute over shamba – on-site findings of Primary Court – assessment of damages where prior theft occurred – appellate review of factual findings and quantum of damages.	3 September 2001
June 2001
Daudi Kuimburu vs Bergina Kumburu (PC Civil Appeal No. 54 of 1996) [2001] TZHC 745 (27 June 2001) A licensee’s long occupation does not automatically ripen into title; only a proved acquisition can attract customary limitation. Land law – adverse possession – whether a licensee can acquire title by long occupation – licensee does not acquire prescriptive title. Customary law – limitation rules (1964) – limitation may apply only where there is a claim of acquisition; maximum period under customary rules considered. Evidence – proof of conveyance required to trigger limitation rules. Remedy – order for vacant possession and harvesting protection for existing crops.	27 June 2001
Cassiana Nyandindi vs Benya Mbiza Chale (PC Civil Appeal No. 14 of 1996) [2001] TZHC 741 (21 June 2001) Appellate court erred on limitation and hearsay; appellant retains title; district appellate judgments must be in English. Land law – Possession and limitation – continuous and effective occupation required for adverse possession; mere intermittent or interrupted presence insufficient. Evidence – Hearsay – claim of title derived from a third party is inadmissible without that third party's testimony or corroboration. Civil procedure – Appellate jurisdiction – District Court judgments and records must be in English when exercising appellate or revisional jurisdiction (Magistrates' Courts Act).	21 June 2001
February 2001
Thomas W. Nombo vs Salome H. Kapinga ((PC) Civil Appeal No. 75 of 1996) [2001] TZHC 733 (12 February 2001) Appellate court upheld lower courts' division and valuation of matrimonial assets, dismissed the appeal and ordered no costs. Family law – Dissolution of marriage – Division of matrimonial property – Valuation of jointly acquired assets and award reflecting contribution. Appellate review – Concurrent findings of lower courts – Appellant must show demonstrable error to overturn factual findings. Costs – Matrimonial disputes between spouses may warrant no order as to costs.	12 February 2001