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Tanzania decisions
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The High Court dismissed a land appeal over alleged unlawful eviction, finding the appellant failed to prove rent payment, loss, or entitlement to compensation.
The High Court dismissed a civil appeal over an alleged rabbit-farming contract breach, holding the appellant failed to prove breach or compensable loss on the evidence.
The Court of Appeal held that documentary evidence proved the consignment was 30 tonnes, not 55. The appeal succeeded partly, with reduced damages.
High Court dismissed a land appeal over insurance compensation and loan enforcement, finding no proved insurance contract or proven claim for TShs. 30,000,000.
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.
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The District Court erred by raising issues not pleaded, misapplying the law on necessary parties, and failing to provide reasons for its decision; the company was the proper party to be sued, and the original judgment should be restored.
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The High Court dismissed an appeal challenging a res judicata ruling, holding the later suit was barred because it involved the same parties and subject matter as an earlier final decision.
Plaintiffs failed to prove ownership of the business stalls as they did not have title to the land, which was lawfully owned by the 1st defendant. The 1st defendant was justified in demolishing the stalls after proper notice, and any loss suffered by the plaintiffs was voluntarily assumed by their refusal to mitigate after notice. No compensable loss attributable to the defendants was established.
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The High Court partly allowed an appeal, finding village authorities lacked power to impose penalties and compensation, and ordering refund of TShs. 1,050,000.
The High Court of Tanzania held that PCCB officers unlawfully searched the plaintiff’s rooms and awarded damages, return of seized items, and interest.
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