Tanzania Case Law

salvina kakono vs joseph mduma 2023 tzhc 19308 28 july 2023

Court

TZHC

The trial tribunal committed a material irregularity by failing to determine the fate of the entire sixteen acres in dispute, only adjudicating on six acres, contrary to the pleadings and issues framed. This rendered the judgment ambiguous and inexecutable, requiring the matter to be remitted to the tribunal for proper determination.

Source excerpt

• Appeal procedure
• Determination of issues
• Remittal to lower tribunal
• Judgment requirements

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bertha phenias lwakatare vs hearts and hands for humanity 2022 tzhc 15104 13 december 2022

Court

TZHC

The High Court set aside a magistrate’s judgment and ordered a retrial after finding the respondent’s counterclaim had not been determined.

• Sale of goods
• Counterclaim procedure
• Judgment requirements
• Civil-procedure
• Counterclaim
• Judgment-reasons

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john rupia vs marry emmanuel 2022 tzhc 14542 4 november 2022

Court

TZHC

The High Court dismissed a land appeal, holding the appellant failed to prove ownership, the ward tribunal’s reasons were adequate, and costs were proper.

• Land ownership dispute
• Burden of proof
• Costs discretion
• Judgment requirements
• Land-ownership-dispute
• Burden-of-proof

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bodi ya maji mtiririko kirua kahe vs prosper remmi mosofe 2022 tzhc 15860 4 november 2022

Court

TZHC

The tribunal's failure to determine the issue of limitation was a fatal error, rendering its judgment incompetent and necessitating a fresh judgment.

Source excerpt

• Limitation of actions
• Determination of issues
• Special damages
• Judgment requirements

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samson bwire vs republic 2022 tzca 424 14 july 2022

Court

TZCA

The appeal was dismissed because the PMER was properly admitted and deemed proved, the summing up to assessors was adequate, there were no material contradictions in prosecution evidence, and the omission to specify the section of law in the conviction did not prejudice the appellant as the relevant section was clear from the judgment.

Source excerpt

• Murder
• Fair trial
• Admissibility of evidence
• Summing up to assessors
• Contradictory evidence
• Judgment requirements

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bura tahhani vs catherine lolo 2021 tzhc 9495 3 december 2021

Court

TZHC

The High Court set aside a District Court criminal appeal judgment that lacked proper reasons and analysis, and ordered a rehearing before another magistrate.

• Right to be heard
• Judgment requirements
• Public servant liability
• Destruction of property
• Judgment-requirements
• Right-to-be-heard

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zebedayo chitongo and 42 others vs ngalya myeji 2021 tzhc 9202 30 november 2021

Court

TZHC

The High Court nullified a DLHT decision for denying the appellants a hearing and failing to give reasons, and remitted the matter for fresh determination.

• Right to be heard
• Natural justice
• Judgment requirements
• Revisionary powers
• Right-to-be-heard
• Natural-justice

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agness malikita vs jego musa 2021 tzhc 5960 30 august 2021

Court

TZHC

The High Court allowed a second appeal over a motor-vehicle repair dispute, holding the lower courts misread the evidence and relied on extraneous issues.

• Evidence
• Judgment requirements
• Mechanic liability
• Damages
• Civil-appeal
• Evidence-assessment

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CIVIL APPEAL NO 121 OF 2021 MARIANA MWANAKULA VS STEPHEN S MLEO

Court

TANZLII

Ward Tribunals, as courts determining rights and liabilities, are not exempt from the requirement to provide reasoned judgments. The absence of reasons in the Ward Tribunal's judgment constitutes a material irregularity that vitiates subsequent proceedings and judgments based upon it.

Source excerpt

• Judgment requirements
• Ward tribunal jurisdiction
• Reasoned decisions

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CRIMINAL APPEAL NO

Court

TANZLII

The High Court's failure to analyze and determine all grounds of appeal, particularly regarding DNA evidence and the credibility of the victim, violated section 312(1) of the Criminal Procedure Act and denied the appellant a fair hearing, necessitating nullification of the High Court proceedings and a rehearing.

Source excerpt

• Rape
• Impregnating a primary school girl
• Fair hearing
• Judgment requirements
• Credibility of witness

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