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Tanzania decisions
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The High Court dismissed an appeal for malicious prosecution damages, holding that the appellant had not proved the claim and that the trial court’s dismissal was proper.
The Court of Appeal dismissed both the appeal and cross-appeal in a bus sale dispute, holding that neither party proved its case on a balance of probabilities.
The trial court failed to determine the material issue of whether the tractors had been sold, resulting in an incomplete and unenforceable judgment. This omission vitiated the judgment and required nullification and remittal for a fresh judgment.
Source excerpt
High Court civil appeal over an oral motor vehicle sale on credit, repossession after default, and claims for damages. The appeal was dismissed with costs.
Commercial dispute over payment for six buses; both sides failed to prove their claims, so the plaintiff’s suit and the defendant’s counterclaim were dismissed.
A second appeal over unpaid fertilizer on hire purchase was dismissed. The High Court upheld liability for the debt and set interest at 2% from 17 March 2003.
There was no evidence that the respondent had an exclusive duty to buy the appellant's tobacco; the oral contract required the appellant to pay for the fertilizer after the sale of his agricultural product, and the respondent was entitled to recover the debt with interest as ordered by the lower courts.
Source excerpt
The High Court held that title to a truck passed to the plaintiff after full payment, ordered delivery of the truck, awarded partial special damages, interest, and costs.
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