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Tanzania decisions
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The Dongobesh Primary Court had no jurisdiction to try the claim for malicious prosecution as it was a common law tort, not a customary law tort. The District Court erred in assuming jurisdiction without proper inquiry. The appellant's failure to properly argue his ground of appeal meant there was no valid submission before the High Court.
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The High Court entered a consent judgment after the parties settled. The defendants will pay TZS 92 million, and the plaintiff abandoned a prior TASAC award.
The act of fighting was not within the scope of employment for grazing cattle and is an independent act; vicarious liability does not attach. The district court breached the right to be heard and execution procedures, rendering its decisions invalid.
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The High Court dismissed a land claim over a business hut in Mbeya, finding the plaintiff failed to prove lawful ownership, tenancy, or trespass by the defendants.
The appellant is vicariously liable for the loss caused by its employees' negligence, as established by their conviction. The contract covered all property on the respondent's premises, including third-party property. The respondent proved specific damages through unchallenged tax invoices. The trial court's award of interest at the maximum rate was not justified and is reduced to 7% per annum from the date of judgment.
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The High Court allowed a civil appeal, quashed damages awarded for destroyed mango trees, and held the respondent had not proved the claim to the required standard.
Plaintiff failed to prove on a balance of probabilities that he was injured during the eviction or that the injury was caused by the Defendants; medical and testimonial evidence was inconsistent and did not support the claims; special damages were not strictly proved.
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The claim was a third-party insurance claim arising from a tort, not a commercial case, and thus the District Court had pecuniary jurisdiction to hear the matter as an ordinary civil suit since the specific damages claimed were within the statutory limit.
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The appellant's report to police was based on reasonable and probable cause; thus, the tort of false imprisonment was not proved. The trial court had jurisdiction as the suit was based on tort, not a land dispute. Damages were not justified as economic loss was not proved.
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The High Court upheld a CMA award dismissing a labour revision over alleged psychological injury after non-renewal of employment, finding no proved causal link or legitimate expectation.
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