Tanzania Case Law

gurdian limited another vs justin nyari 2024 tzca 14 6 february 2024

Court

TZCA

The trial court's omission to record assessors' qualifications was not fatal; the court had pecuniary jurisdiction based on the pleaded claim; the publication was defamatory in its plain and ordinary meaning; the respondent suffered damages; the trial judge obtained and considered assessors' opinions; however, the trial judge erred by considering inflation, which was not pleaded or evidenced, in assessing damages. The award was reduced to the amount pleaded and proved.

Source excerpt

• Defamation
• Libel
• Damages
• Jurisdiction
• Assessment of damages
• Role of assessors

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BRITAM INSURANCE

Court

TANZLII

The trial court erred in awarding general damages inordinately high and loss of income without proof; the appellate court reduced general damages and set aside the award for loss of income, holding that the right to claim against the insurer arises from statute and policy, not proof of negligence.

Source excerpt

• Motor vehicle accident
• Third party insurance liability
• Assessment of damages
• Proof of loss of income
• General damages
• Specific damages

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PC CIVIL APPEAL NO 01 OF 2024

Court

TANZLII

Non-payment of stamp duty on the contract exhibit did not vitiate the proceedings as the proper remedy was to allow payment of duty; the relationship was contractual, not employment, so the primary court had jurisdiction; forgery was not proved due to lack of evidence; the award of general damages was excessive and reduced to TZS 3,000,000.

Source excerpt

• Stamp duty on contracts
• Admissibility of evidence
• Jurisdiction of primary court
• Breach of contract
• Assessment of damages
• Forgery allegations

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t g world international limited vs carrier options africa tanzania limited 2023 tzhc 23291 13 december 2023

Court

TZHC

The High Court upheld a civil appeal dismissal, finding electronic WhatsApp evidence admissible, the respondent had standing, and the appellant breached the contract.

• Breach of contract
• Admissibility of electronic evidence
• Locus standi
• Assessment of damages
• Breach-of-contract
• Electronic-evidence

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valentina shabilila v anthony dominick 2023 tzhc 21836 17 october 2023

Court

TZHC

The High Court found that assessors were present and participated, and failure to record the name of each assessor asking questions was a minor error not affecting the proceedings. The complaint about not reading testimony to witnesses was not raised at the first appellate stage and was not substantiated. The oral testimony of the Ward Agricultural Officer was sufficient to prove the extent of damage despite the expunging of the valuation report. There was no basis to interfere with the concurrent findings of the lower courts.

Source excerpt

• Compensation for property damage
• Assessment of damages
• Procedural compliance in primary courts
• Role of assessors
• Admissibility of evidence

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jumanne ally kiwavi vs samail khamis another 2023 tzhc 21606 29 september 2023

Court

TZHC

The High Court dismissed a civil appeal, holding that an unrepresented appellant still had to prove damage claims with evidence, value, and extent of loss.

• Burden of proof
• Ignorance of law
• Ex parte proceedings
• Assessment of damages
• Burden-of-proof
• Assessment-of-damages

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prosper joseph msele vs ami tanzania limited 2023 tzca 17592 28 august 2023

Court

TZCA

The Court of Appeal dismissed an application to review its earlier decision, holding that the grounds raised required re-evaluation of evidence rather than showing a manifest error on the face of the record.

• Review of appellate judgment
• Assessment of damages
• Manifest error on the face of the record
• Review-of-judgment
• Manifest-error
• Appellate-procedure

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the heritage insurance co tanzania ltd vs mary osward chuwa and others 2023 tzhc 19945 4 august 2023

Court

TZHC

High Court civil appeal on insurance liability, jurisdiction, damages and interest. Appeal partly allowed: general damages reduced and interest adjusted.

• Pecuniary jurisdiction
• Third party insurance liability
• Assessment of damages
• Interest on judgment debt
• Proof of special damages
• Insurance-law

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LUMBERG FINAL JUDGMENT

Court

TANZLII

The plaintiff failed to prove on the balance of probabilities that the accident was natural and that she was entitled to compensation under the insurance contract. The evidence presented was contradictory, and investigation reports showed no mechanical defect or natural cause for the accident. Therefore, the plaintiff's claims were dismissed for lack of merit.

Source excerpt

• Insurance contract
• Burden of proof
• Breach of contract
• Compensation for loss
• Assessment of damages

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abdehemani a paratu vs bakari k mkanunu 2021 tzhc 7689 14 december 2021

Court

TZHC

High Court land appeal over breach of an oral lease agreement was dismissed. The court upheld damages awarded for special and general loss.

• Breach of lease agreement
• Assessment of damages
• Burden of proof
• Breach-of-lease-agreement
• Assessment-of-damages
• Burden-of-proof

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