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Tanzania decisions
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The High Court at Tanga allowed a land appeal, expunged Exhibit R1, set aside the tribunal decision, and declared the appellant the lawful owner.
The High Court partly allowed the land appeal, quashed the tribunal’s decision, and ordered a retrial de novo because of interpreter and land-identification defects.
The High Court dismissed an appeal over unpaid agency commission, holding the appellant bore the burden on client payment and that no prejudice arose from lack of Kiswahili translation.
The respondent proved ownership of the disputed land by adducing consistent, cogent, and corroborated evidence tracing title from his late mother, while the appellant failed to prove acquisition by gift inter vivos due to lack of supporting witnesses or documentation. The trial tribunal properly exercised its discretion in declining to visit the locus in quo, as there was no dispute over boundaries or physical features. The appeal lacked merit and was dismissed with costs.
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The High Court acquitted three accused of trafficking cannabis after finding gaps and contradictions in the chain of custody of the seized exhibits.
The High Court partly allowed a criminal appeal, quashing a conviction for unlawful possession of a weapon in a wildlife management area but upholding a trophy-possession conviction.
The High Court dismissed a civil appeal over a timber supply dispute, upholding the trial court’s decision that the appellant failed to prove her claim and that the respondent proved his counterclaim.
The High Court dismissed an appeal over damages for adultery, holding that the appellant’s evidence was contradictory and insufficient on a balance of probabilities.
The respondent failed to prove ownership of the property and that the alleged properties were damaged by the appellant beyond reasonable doubt. The trial and appellate courts misdirected themselves on the evidence, and the prosecution failed to establish the offence's elements.
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The High Court dismissed a land appeal over a disputed 3-acre parcel, holding the appellant had not proved lawful allocation and that clan leaders lacked authority to distribute estate land.
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