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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
Visit website
https://jmap.judiciary.go.tz/jmap/jmap-hc
3 judgments
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3 judgments
Citation
Judgment date
December 2006
Johnson John Kasembe vs Libaro Mahyono (Misc. PC. Civil Appeal No. 18 of 2005) [2006] TZHC 286 (14 December 2006)
The appellant who inspected and accepted a used vehicle cannot later claim defects; appeal dismissed.
Sale of Goods Act (s.16, s.37) — implied condition and fitness for purpose — buyer's examination — deemed acceptance of goods — caveat emptor — sale of used vehicle — rejection time limits.
 14 December 2006
October 2006
Mbinga District Council vs Jack's Construction CO. LTD (Civil Revision No. 1 of 2006) [2006] TZHC 183 (26 October 2006)
High Court exercised revisionary powers to stay execution pending appeal where execution would finally dispose of the suit.
Civil procedure – revision of interlocutory orders – when refusal to stay execution is reviewable because execution would finally determine the suit. Stay of execution pending appeal – criteria and revisional powers. Attachment – status of government property in execution of judgments.
 26 October 2006
June 2006
Republic vs Jordan Raphael @Mshamu (Criminal Sessions Case No. 5 of 2006) [2006] TZHC 201 (28 June 2006)
Guilty plea to unintentional killing upheld as manslaughter; court imposed nine years balancing mitigation and aggravation.
Criminal law – Manslaughter (s.195 Penal Code) – conviction on own plea of guilty – admissibility of post-mortem and extra‑judicial statement – sentencing: balancing mitigating (youth, first offender, guilty plea) and aggravating (excessive force, familial relationship, failure to assist) factors.
 28 June 2006