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The High Court upheld dismissal of a land appeal, holding the appellant was estopped by signing a boundary verification form and failed to prove encroachment.
The CMA lacked jurisdiction to arbitrate the dispute concerning the collective agreement because there was no agreement by the parties to proceed to arbitration after mediation failed, contrary to section 74 of the Employment and Labour Relations Act.
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The Ward Tribunal lacked jurisdiction to adjudicate the dispute after the amendment of the Land Disputes Courts Act, and its decision, as well as the District Land and Housing Tribunal's decision on appeal, are nullities. Proceedings and decisions of both tribunals are quashed and set aside.
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The defendant unlawfully terminated the contract after affirming delays and variations, refused to accept mobilization completion, and failed to pay due invoices. The defendant's conduct amounted to novation and estoppel, barring reliance on original timelines. The plaintiff is entitled to specific and general damages. The defendant's counterclaim fails for lack of contractual basis and proof.
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The plaintiffs failed to prove on a balance of probabilities that the 2nd defendant did not disburse funds or that KOM Group of Companies Limited of Nairobi Kenya is a legal entity. Evidence established that all loan facilities were disbursed as per agreements, including via escrow accounts, and that plaintiffs defaulted on repayments. The defendants did not breach the facility agreements; rather, the plaintiffs breached by failing to repay. The counterclaim for the outstanding debt is upheld.
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Plaintiffs failed to prove their claim for TZS 11,250,069,032.62 or any lesser sum due to contradictions, lack of supporting invoices, and claims not rooted in pleadings. Defendants' counterclaim for refund and liquidated damages fails as they ratified plaintiffs' performance and are estopped from claiming for breach they did not treat as fundamental. Force majeure lawfully discharged both parties from future obligations, but plaintiffs did not substantiate entitlement to payment for work done prior to force majeure. Both suit and counterclaim are dismissed; each party to bear its own costs.
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The High Court dismissed preliminary objections in a land appeal, holding that misjoinder did not defeat the appeal, omnibus prayers were not fatal, and Folio 6 satisfied the decision requirement.
The tribunal erred by relying on an unpleaded and unproven allegation of forgery, by admitting and relying on nullified criminal proceedings, and by failing to properly evaluate the evidence of both parties. The appellant proved ownership of the suit property on the balance of probabilities, having purchased it first and being recognized as owner by tenants and local leaders. The 1st respondent had no title to pass to the 3rd respondent, and possession of the original certificate by the 3rd respondent did not establish lawful ownership.
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The High Court revised a land tribunal dispute, finding duplicate execution orders irregular and nullifying them while maintaining the original 2011 judgment.
The High Court dismissed a land appeal, upholding the tribunal’s decision that the sale of the disputed property was valid and that procedural complaints lacked merit.
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