Tanzania Case Law

ULTIMATE SECURITY AND ANOTH Vs

Court

TANZLII

Applicants failed to comply with mandatory retrenchment procedures under section 38(1) of the Employment and Labour Relations Act, as notices and consultations were not properly issued by the employer and relevant information was not adequately disclosed to the respondents. The procedural violations rendered the termination unfair both substantively and procedurally, justifying the award of compensation.

Source excerpt

• Unfair termination
• Retrenchment procedures
• Employment entitlements
• Burden of proof in civil cases

Read case analysis

marco ndimubanza v abel marco 2024 tzhc 846 15 march 2024

Court

TZHC

The High Court dismissed a land appeal between father and son, holding that the appellant failed to prove legal ownership of inherited land.

• Inheritance of land
• Burden of proof in civil cases
• Jurisdiction of ward tribunals
• Transfer of property on death
• Land-law
• Inheritance

Read case analysis

african banking corporation t ltd vs t better holdings co ltd 2024 tzca 165 6 march 2024

Court

TZCA

The Court of Appeal upheld liability against the bank for unauthorised account debits, confirmed general damages, and allowed the cross-appeal on costs.

• Breach of banker-customer contract
• Burden of proof in civil cases
• Damages for breach of contract
• Bank negligence
• Award of costs
• Banking-law

Read case analysis

final judgment HASHIM H

Court

TANZLII

The appellant failed to prove he acquired good title to the disputed land because his seller, Joseph Mbise, had no legal title to transfer, and the transfer documents were forged and invalid. The burden of proof remained on the appellant, and the trial tribunal correctly found he was not the lawful owner.

Source excerpt

• Burden of proof in civil cases
• Transfer of land ownership
• Forgery and authenticity of documents
• Registered land disposition
• Constructive notice in land transactions

Read case analysis

bakiri omary mtumwenias the administrator of the estate of the late omary mzee mtumweni vs tatu salumu namala 4 others 2023 tzhc 21540 29 september 2023

Court

TZHC

The High Court had previously nullified all sales conducted by the former administrator, including the disputed land, and this decision was binding and unvaried. The DLHT erred by failing to recognize and enforce this nullification, and its proceedings and orders are therefore set aside.

Source excerpt

• Nullification of sale by estate administrator
• Powers of estate administrator
• Bona fide purchaser
• Burden of proof in civil cases
• Role of assessors in land tribunals

Read case analysis

agustino methew mbalamwezi vs mary petro mgoloka 2023 tzhc 20274 21 august 2023

Court

TZHC

The High Court dismissed a land appeal, upholding the tribunal’s finding that the respondent proved ownership through corroborated oral evidence.

• Burden of proof in civil cases
• Customary land rights
• Probate and administration of estates
• Jurisdiction of primary courts
• Locus in quo procedures
• Land-law

Read case analysis

ashura Said

Court

TANZLII

The first appellate court erred in expunging exhibits P1-P15 as the originals were destroyed by the respondent and the copies were properly admitted under Rule 11(1) of GN 66 of 1972. The Evidence Act does not apply to primary courts. However, the appellant's claim was only substantiated to the extent of the amounts admitted by the respondent; the remainder was unproven due to credibility issues and evidence of document alteration.

Source excerpt

• Admissibility of documentary evidence
• Burden of proof in civil cases
• Application of evidence act to primary courts
• Right to be heard
• Interpretation of magistrate’s courts (rules of evidence in primary courts) regulations

Read case analysis

LAND APPEAL NO 20 of 2023HAMISI LIHIPUKA MAYUNGA NEWNEWNEW

Court

TANZLII

The appellant failed to provide sufficient and credible evidence to overturn the trial tribunal's decision. The 1st respondent lawfully identified and proved ownership of the disputed land, and the tribunal's findings on location and ownership were supported by the evidence. Procedural complaints about the site visit and evidence analysis were unfounded.

Source excerpt

• Land ownership
• Identification of land boundaries
• Procedural irregularities in site visit
• Burden of proof in civil cases

Read case analysis

LAND CASE NO

Court

TANZLII

The land in dispute forms part of the estate of the late Abdulrahman Mokiti Marandu; the plaintiff failed to prove exclusive ownership or valid transfer of title to himself; the 3rd to 9th defendants acquired rights through valid sale agreements from lawful heirs; thus, the plaintiff's suit fails.

Source excerpt

• Ownership of land forming part of deceased estate
• Burden of proof in civil cases
• Validity of sale agreements
• Distribution of estate under islamic law

Read case analysis

nyarubanda village council vs imelda moris nkoronko administratrix of the estate of the late moris nkoronko 2021 tzhc 3325 31 may 2021

Court

TZHC

The High Court dismissed a land appeal, affirming that the respondent’s family had occupied the disputed land peacefully for decades and was the lawful owner.

• Ownership of land
• Long-term occupation
• Public facilities and land disputes
• Burden of proof in civil cases
• Land-law
• Land-ownership

Read case analysis