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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


November 2007
Fatuma Bakari & another vs Ahmed Mohamed Laamar (Misc. Civil Appl. No. 27 of 2006) [2007] TZHC 390 (21 November 2007) Application to revoke grant struck out for procedural defects including missing chamber summons, defective verification and wrong statute citation. Civil procedure — Pleadings — wrong citation of statute Civil procedure — Probate and administration — application to revoke grant of letters of administration — compliance with court order Civil procedure — Procedure — verification of affidavits — distinction between verification clause and jurat — improperly verified affidavits are incurably defective Civil procedure — Relief — striking out for procedural non-compliance and defective affidavits	21 November 2007
Abdallah Hassan vs Vodacom Tanzania LTD (Civil Case No. 5 of 2004) [2007] TZHC 481 (8 November 2007) Whether the High Court retained jurisdiction over the applicant's land dispute after the specialized land courts commenced operation. Land law — Exclusive jurisdiction of land disputes courts — Land Disputes Courts Act s.3 Limitation law — recovery of land — Twelve‑year limitation (Item 22, First Schedule) — Law of Limitation Act 1971 s.3(1) and First Schedule Item 22	8 November 2007
August 2007
Salemani Zuberi Chapa & others vs PSRC & another (Misc. Civil Application No. 31 of 2006) [2007] TZHC 391 (31 August 2007) Application to join a respondent allowed despite corporate repeal, but dismissed as time-barred under the Limitation Act. Civil procedure — substitution of parties — Corporate successor by statute — Tanzania Ports Authority Act No.17/2004	31 August 2007
Republic vs Mbelwa s/o Rashidi and Others (Criminal Sessions No. 6 of 2006) [2007] TZHC 982 (10 August 2007) Excessive force in defence of property amounted to manslaughter despite confessions and a dying declaration. Criminal law — Common intention — inferred from joint plan, conduct and participation — Joint pursuit and continuous attack establishing shared liability — Evidence — confession and dying declaration — Admissibility and sufficiency to prove causation and participation — Homicide: murder versus manslaughter — Distinction where death occurs during a fight, provocation or self‑defence — Penal Code s 18B	10 August 2007
Kwamtili Estate LTD vs Kassim Abdallah Liku (Misc. Civil Appl. No. 13 of 2006) [2007] TZHC 384 (2 August 2007) Court directs parties to sue within 60 days to determine if disputed company assets form part of the deceased's estate; status quo maintained. Civil procedure — interim relief — Parties encouraged to attempt amicable resolution before litigation — status quo maintained pending litigation Civil procedure — Probate and administration — duty of executors/administrators to collect estate assets and file inventory	2 August 2007
February 2007
Alexender Jean Tame vs Kassim Abdallah Liku & others (Misc. Civil Application No. 14 of 2006) [2007] TZHC 385 (8 February 2007) Timely filing under Limitation Act but application struck out for fatal erroneous citation of the statute. Civil procedure — incorrect statutory citation — wrong citation of non‑existent law renders application incompetent and is fatal (Court of Appeal precedents) Probate law — Probate proceedings — limitation of actions — computation of 60‑day period under Limitation Act s.19(1) and (6)	8 February 2007