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Tanzania decisions
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The High Court partially allowed a labour revision, upholding unfair termination findings but reducing compensation from 48 months to 24 months’ salary.
The High Court rejected preliminary objections claiming inadequate particulars and embarrassing pleadings, holding that the plaint disclosed a cause of action and the objections were factual.
The Court of Appeal held that the High Court was functus officio after ruling on limitation and could not revisit that issue in its final judgment.
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 High Court allowed a second appeal, holding that a dispute over allegedly entrusted beds was not a customary-law claim and that the lower courts lacked jurisdiction.
The High Court held that shares in Gold Tree Tanzania Limited were held in trust for Gaslamp Holdings Corp, and awarded USD 5.1 million plus interest.
The High Court allowed a probate appeal in part, holding that the respondent breached a trust by failing to account for sale proceeds from estate property and ordering repayment with interest.
The High Court quashed a forgery conviction, holding the cheque was not false, but substituted a conviction for stealing by servant and retained the sentence.
The High Court dismissed a sentence-only appeal by a public servant convicted of theft, holding the seven-year term and compensation order were justified.
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