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Tanzania decisions
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The High Court dismissed an application to extend time to file a notice of appeal, finding the applicant failed to give credible reasons for delay.
The High Court dismissed an appeal against refusal to revoke an administrator’s appointment, finding no proven forgery or procedural defect.
The appellant failed to account for the inordinate delay of 14 months in filing the application for extension of time, and did not provide sufficient explanation or evidence for her absence or the whereabouts of co-appellants. Allegations of irregularity and forgery were unsupported by convictions or superior court orders. The trial tribunal was justified in denying the extension of time.
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The appellant failed to specifically plead and prove forgery to the required higher standard. The evidence did not establish that the signature on the spouse consent was not hers, and the trial tribunal was correct to compare the signatures and find the contract valid. The burden of proof remained with the appellant and was not discharged.
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The appellant failed to discharge the burden of proof that the disputed land belonged to the estate of the late Reuben Nkambi Itungi. The evidence established that the 1st respondent acquired the land through a valid gift inter vivos, supported by oral and documentary evidence, and prior unchallenged tribunal decisions. Allegations of forgery were unsubstantiated. The District Land and Housing Tribunal's decision was correct and is upheld.
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The appointment letter and contract of employment were not hand-signed by the Secretary General but contained electronic copied and pasted signatures without explanation. The documents were not genuine and could not create an employer-employee relationship. The applicant failed to prove the validity of the employment contract; thus, no breach or entitlement to compensation or reinstatement arose.
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The Tribunal did not err in rejecting exhibit PI and accepting exhibit DI as the valid agreement because exhibit DI provided clear payment terms, and the Appellant failed to prove payment of the first instalment or substantiate forgery allegations. The burden of proof was not discharged by the Appellant, and the Tribunal's analysis was proper and supported by the evidence.
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Non-payment of stamp duty on the contract exhibit did not vitiate the proceedings as the proper remedy was to allow payment of duty; the relationship was contractual, not employment, so the primary court had jurisdiction; forgery was not proved due to lack of evidence; the award of general damages was excessive and reduced to TZS 3,000,000.
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The appellant failed to prove on the balance of probabilities that he was among the victims of the accident involving the 2nd respondent’s vehicle, as the documentary evidence he relied on was contradicted by authentic documents from the respondents and lacked corroborating eyewitness testimony. Thus, he was not entitled to compensation.
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The Court of Appeal allowed an appeal over a claimed TZS 200 million loan, finding the respondent had not proved the documents or loan on the balance of probabilities.
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