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Tanzania decisions
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Court of Appeal of Tanzania upheld dismissal of a land dispute appeal, holding the suit was about trust property, the power of attorney was valid, and the transferees were lawful owners.
The plaintiff failed to prove on a balance of probabilities that there was any contractual, business, or lease agreement between the plaintiff and the 1st defendant requiring him to account for profits or remit mesne profits. While a lease agreement existed between the plaintiff and the 2nd defendant, its terms were uncertain and did not establish a management trust or clear obligation to account for profits. The plaintiff also failed to strictly prove the claimed losses or specific damages. Consequently, the plaintiff is not entitled to the reliefs sought.
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The suit is incompetent because the plaintiff failed to refer complaints to the Administrator-General as required by law and lacks locus standi to sue regarding property owned by a different registered corporate body without clear authority in the registered constitution.
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Retired cement workers won a claim for benefits under a group life assurance trust deed against their former employer, while the insurer was dismissed from the suit.
The Registered Trustees of Manyema Masjid, upon incorporation, lawfully assumed responsibility for the management and disciplinary matters of the Masjid, including the authority to terminate the appellant's service as Imam for acts committed prior to their incorporation, as they continued the same objectives and activities as the predecessor committee.
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The High Court upheld a trust deed for specified properties but refused the appellant letters of administration over the deceased’s estate.
The Court of Appeal held that only the Minister could authorize disposal of wakf property, nullified the leave and sale of the house, and ordered each party to bear its own costs.
The High Court ordered a new Sunni sect-representative scheme for mosque administration, dissolved the Sunni Muslim Jamaat trustees and office bearers, and rejected a discrimination challenge.
The High Court upheld the trust deed but refused to appoint the appellant as administrator, allowing the appeal only in part.
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