Tanzania Case Law

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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equador limited vs national development corporation 2023 tzca 4 27 january 2023

Court

TZCA

The Court of Appeal dismissed Equador Limited’s review application, finding no manifest error or denial of hearing and treating the challenge as an appeal in disguise.

• Review of judgment
• Right to be heard
• Manifest error
• Trespass
• Eviction
• Compensation for property damage

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ahmedi haji vs cornelius k kariwa 2022 tzhclandd 12324 24 august 2022

Court

TANZLII

The High Court dismissed a land appeal over rent arrears and damage compensation, holding that the tribunal properly evaluated the evidence and gave reasons.

• Tenancy disputes
• Rent arrears
• Compensation for property damage
• Oral tenancy agreements
• Burden of proof
• Evaluation of evidence

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rashid ndee vs sophia juma 2020 tzhc 4458 20 november 2020

Court

TZHC

The appeal was dismissed because there was no contradictory evidence as alleged, the evaluation report was correctly expunged by the first appellate court, and the concurrent findings of fact by the lower courts were based on credible witness testimony that the appellant's cattle destroyed the respondent's crops.

Source excerpt

• Compensation for property damage
• Assessment of evidence
• Appellate review

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rashidi ndee vs sophia juma 2020 tzhc 4669 20 november 2020

Court

TZHC

There was no contradictory evidence; the lower courts' concurrent findings that the appellant's cattle damaged the respondent's crops were supported by credible eyewitness testimony. The evaluation report was not part of the record and was correctly disregarded by the first appellate court. No miscarriage of justice occurred.

Source excerpt

• Compensation for property damage
• Assessment of evidence
• Appellate review
• Burden of proof

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ESTHER PHILIPO LUCHAGULA

Court

TANZLII

The evidence from the appellant and corroborating witnesses, together with the agricultural officer's report, proved the claim on the balance of probability. The District Court erred by dismissing the evidence based on minor discrepancies and the absence of the agricultural officer as a witness; the appellant was competent to tender the report.

Source excerpt

• Compensation for property damage
• Evidentiary standards
• Tendering exhibits

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mgambula nghome others vs nonga machemu 2018 tzhc 2056 21 december 2018

Court

TZHC

The lower courts failed to properly evaluate the evidence, particularly the testimony of the Natural Resource Officer who did not witness the alleged destruction. The uncertainty in the trial court's findings and lack of substantial evidence rendered the compensation award unsafe and unjustified.

Source excerpt

• Compensation for property damage
• Assessment of evidence
• Appeals procedure

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tinde gusani vs emmanuel a makenzi 2018 tzhc 2057 21 december 2018

Court

TZHC

The High Court partially allowed a civil appeal, expunged an improperly admitted assessment report, and reduced compensation for crop damage to TZS 500,000.

• Compensation for property damage
• Admissibility of evidence
• Ex-parte proceedings
• Jurisdiction
• Admissibility-of-evidence
• Civil-appeal

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20171122 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a compensation claim arising from the Mbagala bomb blasts, holding that the private valuation report had no legal effect because it was not verified by the Chief Government Valuer.

• Compensation for property damage
• Valuation of property
• Government liability
• Procedural requirements for compensation claims
• Compensation-for-property-damage
• Property-valuation

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20151204 TZHC Mwanza

Court

TZHC

The High Court allowed an appeal over crop-damage compensation, holding that the respondent’s cattle were sufficiently identified and liability was proved on a balance of probabilities.

• Compensation for property damage
• Proof of ownership
• Standard of proof in civil cases
• Crop-damage-compensation
• Civil-appeals
• Balance-of-probabilities

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