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Tanzania decisions
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The court found that the deed of settlement filed by the parties met the legal requirements for a consent judgment under Order XXIII Rule 3 of the Civil Procedure Code, and accordingly adopted and recorded the settlement as the judgment of the court, marking the suit as settled on agreed terms.
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The High Court at Shinyanga recorded a consent settlement, adopted the deed of settlement as judgment and decree, waived costs, and marked the suit settled.
The High Court allowed an appeal after finding the trial court failed to properly frame and adopt issues before hearing, vitiating the proceedings.
The 1st appellant admitted occupation of the suit premises after expiry of the tenancy agreement, making him a trespasser. The tribunal correctly awarded rent arrears and general damages. The decree's defect was clerical and correctable, not warranting nullification of the judgment or decree. No prejudice was shown to the appellant.
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The High Court of Tanzania dismissed most of an employee-borrower’s appeal over staff loans, upholding default liability, notice service, damages, interest, and costs.
The appellant is vicariously liable for the loss caused by its employees' negligence, as established by their conviction. The contract covered all property on the respondent's premises, including third-party property. The respondent proved specific damages through unchallenged tax invoices. The trial court's award of interest at the maximum rate was not justified and is reduced to 7% per annum from the date of judgment.
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The High Court partly allowed a land appeal, upholding the tribunal’s ownership finding but setting aside a TZS 5,000,000 general damages award.
Appellant was properly sued for trespass as he claimed ownership and used the disputed land; tribunal correctly awarded general damages for loss of use; minor discrepancies in evidence regarding boundaries and acquisition year did not affect the credibility or outcome; respondent's evidence was more credible and proved ownership on balance of probabilities.
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Land appeal over mortgage consent and matrimonial property; the court upheld the mortgage but set aside the award of general damages against the appellant.
The High Court held the appellant was the lawful owner of Plot No. 138 Block E, Mkolani, set aside the bonafide purchaser finding, and quashed refund and damages orders.
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