Tanzania Case Law

20082026 TZHC Dar es Salaam

Court

TZHC

The Ward Tribunal of Kibamba had jurisdiction to determine the dispute as it was a minor land dispute arising from a licence to cultivate, not a complex matter involving a grant of right of occupancy. The limitation period began in 1996/1997 when adverse possession arose, not from the original grant in 1982, so the claim was not time barred. The appellant should have appealed the Ward Tribunal's decision rather than filing a fresh case in the Primary Court. The District Court was correct in nullifying the Primary Court proceedings and upholding the Ward Tribunal's decision.

Source excerpt

• Jurisdiction of ward tribunals
• Limitation period for land claims
• Adverse possession
• Appeals procedure

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LETSHEGO JUDGMENT

Court

TANZLII

The High Court dismissed Letshego Bank’s land appeal, holding there was no proof the first respondent mortgaged his house and no error in the tribunal’s reasoning.

• Mortgage validity
• Evidentiary requirements in land disputes
• Role of assessors in dlht
• Appeals procedure
• Mortgage-validity
• Land-disputes

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NAIMA JUGDMENT 2

Court

TANZLII

The second appellate court cannot entertain grounds not raised in the first appellate court unless they involve a point of law. The concurrent findings of the lower courts regarding custody and welfare of the children were based on proper evaluation of evidence and legal principles. There was no misapprehension of evidence or miscarriage of justice. The appeal is dismissed.

Source excerpt

• Child custody
• Maintenance
• Division of matrimonial property
• Appeals procedure

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KIDUNDA AHMED MANGIRI Vs

Court

TANZLII

The appellate court was justified in upholding the division of the two houses at Masange village as matrimonial property at a 75:25 ratio between appellant and respondent because the properties were constructed during the marriage and the respondent's contribution through domestic work was properly considered under section 114(2)(b) of the Law of Marriage Act. The issue of the first wife's contribution could not be entertained as it was not raised at trial or first appeal.

Source excerpt

• Division of matrimonial property
• Contribution to matrimonial assets
• Domestic work as contribution
• Appeals procedure

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AUGUSTINO KIRITA RULING

Court

TANZLII

The court found that, based on the documents and the presumption under section 122 of the Evidence Act, the appellant received the judgment copy on 28th August, 2024, and the appeal filed on 29th August, 2024, was within the statutory limitation period. The preliminary objection was overruled.

Source excerpt

• Limitation of actions
• Computation of limitation periods
• Appeals procedure

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Mikolina Kesaga vs Dominicus Mkonda Another

Court

TANZLII

The High Court granted an application to extend time to appeal, accepting that the delay resulted from a filing mistake in the wrong forum, amounting to technical delay.

• Extension of time
• Technical delay
• Appeals procedure
• Extension-of-time
• Technical-delay
• Appeals-procedure

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HAMISI SIMANGO MKOI VRS ELIKA MHUMA MTEMI

Court

TANZLII

The District Court properly exercised its discretion to grant extension of time based on proven sickness and the manifest illegality regarding the Primary Court's lack of jurisdiction over land matters. Both grounds constituted good cause for extension under the law.

Source excerpt

• Extension of time
• Jurisdiction of primary courts
• Illegality as ground for extension
• Administrator of estate
• Appeals procedure

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Kidahadi Ilunda Vs

Court

TANZLII

The High Court dismissed an application to extend time to appeal, finding the alleged illegality was not apparent on the record and the delay was insufficiently explained.

• Extension of time
• Locus standi
• Illegality as ground for extension
• Appeals procedure
• Extension-of-time
• Locus-standi

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adam abdallah ramadhani vs republic 2024 tzca 193 19 march 2024

Court

TZCA

A conviction for trafficking narcotic drugs cannot be sustained solely on an unequivocal plea of guilty without expert evidence establishing the nature of the substance as narcotic; the prosecution's failure to adduce such evidence renders the conviction unsafe.

Source excerpt

• Narcotic drugs
• Plea of guilty
• Burden of proof
• Forensic evidence
• Appeals procedure

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erick so michael vs republic 2024 tzca 149 1 march 2024

Court

TZCA

The Court of Appeal of Tanzania dismissed a criminal appeal, upholding a life sentence for unnatural offence against a 15-year-old after finding proper identification and no material procedure error.

• Unnatural offence
• Sodomy
• Identification evidence
• Sentencing
• Appeals procedure
• Criminal-law

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