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Tanzania decisions
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Disabling the vehicle tracking system constitutes an attempt to conceal the vehicles and remove them from the jurisdiction, justifying attachment before judgment under the Civil Procedure Code.
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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 Plaintiff proved, on a balance of probabilities, that the Defendant is indebted for TZS 641,434,973 based on admitted documents, Defendant's acknowledgment, and lack of credible defense. Defendant's illiteracy and misrepresentation claims were unsupported and failed to rebut Plaintiff's evidence.
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The High Court of Tanzania in Arusha granted leave to appeal to the Court of Appeal, finding the intended appeal raised contentious factual and legal issues.
The Court of Appeal at Zanzibar refused leave to appeal, holding the intended appeal did not show reasonable prospects of success on the key evidential issue.
The appellant failed to prove ownership of the disputed land or that her houses were wrongfully demolished during execution, due to contradictions in evidence, lack of description of the land, and failure to call material witnesses. The proper remedy was objection proceedings, not a fresh land dispute.
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