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Tanzania Case Law

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Tort GURDEEP AZIMAL CBD HOTEL 9429

GURDEEP AZIMAL CBD HOTEL 9429

The appellant failed to prove on balance of probabilities that the respondent owed and breached a duty of care, or that the breach caused actionable injury. The evidence did not substantiate the claims, and the burden of proof was not discharged.

  • Negligence
  • Duty of care
  • Breach of contract
  • Standard of proof
  • Burden of proof
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Tort digna thomas massawe and another vs dr b aubroo and others 2023 tzhc 23394 5 december 2023

digna thomas massawe and another vs dr b aubroo and others 2023 tzhc 23394 5 december 2023

Plaintiffs failed to prove that the 1st defendant's actions during surgery or post-surgery fell below established medical standards or constituted negligence. No evidence established vicarious liability of the 2nd defendant or negligence by the 3rd defendant. The burden of proof was not discharged; thus, no liability attaches to any defendant.

  • Medical negligence
  • Vicarious liability
  • Duty of care
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Contract law grace c rubambey vs cmc automobiles ltd 2023 tzhc 23803 16 november 2023

grace c rubambey vs cmc automobiles ltd 2023 tzhc 23803 16 november 2023

The respondent breached the contract by failing to repair the appellant's motor vehicle and breached the duty of care, resulting in damage to the vehicle. The appellant is entitled to general damages, repair of the vehicle, and costs.

  • Breach of contract
  • Duty of care
  • General damages
  • Compensation
  • Mechanical repair liability
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Civil procedure haibe mohamed abdallah another vs crdb bank plc 2023 tzhc 21462 29 september 2023

haibe mohamed abdallah another vs crdb bank plc 2023 tzhc 21462 29 september 2023

The suit is not time barred due to continuous breach by the defendant in failing to refund the purchase price as ordered; objections on res judicata/sub-judice and non-joinder of necessary party are misplaced and do not warrant striking out the suit.

  • Limitation of actions
  • Res judicata
  • Res sub-judice
  • Joinder of parties
  • Duty of care
  • Refund of purchase price
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Property law hamis salenje chuma vs crdb bank plc others 2023 tzhclandd 16609 30 june 2023

hamis salenje chuma vs crdb bank plc others 2023 tzhclandd 16609 30 june 2023

The appellant failed to prove the best price reasonably obtainable at the time of sale or the average price of comparable land, relying on an outdated valuation report from 2016 for a sale conducted in 2019. The issue of statutory notice was not pleaded or raised during trial and is considered an afterthought. The trial tribunal was not at fault for deciding as it did.

  • Mortgage sale
  • Duty of care
  • Market value
  • Statutory notice
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Property law hamisi salanje chuma v crdb 2 others 2023 tzhclandd 16636 30 june 2023

hamisi salanje chuma v crdb 2 others 2023 tzhclandd 16636 30 june 2023

Appellant failed to prove the best price obtainable at the time of sale or the average price of comparable interests, relying only on an outdated valuation report. The issue of statutory notice was not pleaded or raised during trial and is an afterthought. The trial tribunal's failure to address sale below market value was an error, but appellant's evidence was insufficient.

  • Mortgage sale
  • Duty of care
  • Statutory notice
  • Sale below market value
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Banking law i m bank ltd vs mustafas 2005 ltd 2 others 2023 tzhccomd 100 5 april 2023

i m bank ltd vs mustafas 2005 ltd 2 others 2023 tzhccomd 100 5 april 2023

The High Court dismissed I & M Bank’s claim for the remaining loan balance after sale of mortgaged property, finding negligence and bad faith in the valuation and sale process.

  • Loan default
  • Mortgage enforcement
  • Guarantor liability
  • Misrepresentation
  • Negligence
  • Duty of care
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Tort law innocent massinde Civil Appeal No

innocent massinde Civil Appeal No

The appellant failed to establish that the respondents owed him a duty of care in tort in the absence of a contractual relationship, and did not discharge the burden of proof to show negligence or lack of qualification on the part of the investigator. The trial court correctly applied the law regarding burden and standard of proof, and the appellant's grounds of appeal lacked merit.

  • Negligence
  • Duty of care
  • Burden of proof
  • Right to be heard
  • Qualification of investigator
  • Contractual relationship
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.