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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

6 judgments

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6 judgments

Citation	Judgment date
April 2023
Dassa Ibrahim Dassa vs Mariam Shahibu (Land Appeal 14 of 2022) [2023] TZHC 16861 (25 April 2023) Whether the suit is res judicata under section 9 CPC and whether the tribunal erred by addressing merits first. Land law - Res judicata - Whether matter directly and substantially in issue in former suit under section 9 Civil Procedure Code; procedure - Trial tribunal must decide res judicata plea before merits; Land Disputes Courts Act - revisionary powers to quash proceedings and remit for determination.	25 April 2023
Halima Adamu Nilongo (Administratrix of The Estate of The Late Adamu Rashid Nilongo) vs Yusuph Aliza Nchimu and 3 Others (Land Appeal 9 of 2023) [2023] TZHC 16862 (25 April 2023) Court found application was wrongly dismissed as time-barred and remitted the matter for merits hearing. Limitation law – computation where deceased owned land – section 24(1) and (2) Law of Limitation Act – accrual of cause of action upon encroachment. Civil procedure – preliminary objection raised suo motu – requirement to determine accrual and hear merits before dismissing. Remittal – quashing of proceedings and order for retrial on merits.	25 April 2023
Maliselino P. Mbipi vs Ostina Martine Hyera (DC Civil Appeal 14 of 2022) [2023] TZHC 16860 (25 April 2023) Presumption of marriage permits custody, maintenance and property division; unpleaded fixed compensation without valuation was improper. Family law – Presumption of marriage under section 160 Law of Marriage Act – court may grant reliefs akin to divorce/separation (custody, maintenance, distribution). Property division – fixed compensation improperly awarded without valuation and absent pleading; court may award proportionate shares of property value. Pleadings – court should not grant reliefs not claimed in pleadings.	25 April 2023
Mohamed Issa vs Ajaba Issah Chitete (Land Appeal 2 of 2023) [2023] TZHC 16863 (25 April 2023) Appellant proved ownership on balance of probabilities; appellate court set aside tribunal judgment and declared appellant lawful owner. Land dispute — proof of ownership — standard: balance of probabilities — possession and documentary evidence — effect of inconsistent plot descriptions and typographical errors — right to sue for trespass — appellate re-evaluation of credibility and weight of evidence.	25 April 2023
Dodfrey Anton Ngonyani vs Republic (DC Criminal Appeal 47 of 2022) [2023] TZHC 16799 (20 April 2023)	20 April 2023
Adamu Mwinuka and 2 Others vs The Registered Trustees of The African Benedictine Sisters of Saint Agnes (Land Appeal 18 of 2022) [2023] TZHC 16616 (6 April 2023)	6 April 2023

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