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Tanzania decisions
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The High Court found the defendants misrepresented a mortgaged property sold at auction, making the contract voidable and awarding refund, damages, interest, and costs.
The trial tribunal's failure to ensure witnesses testified under oath at the locus in quo and to properly recall witnesses after closure of their cases constituted fatal procedural errors, rendering the judgment and decree a nullity.
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The court held that the preliminary objections raised did not constitute pure points of law capable of disposing of the suit at this stage. The cause of action was sufficiently articulated in the plaint, specifically in paragraph 8, and required evidence to be determined at trial. Therefore, the application for extension of time to file a revision was refused with costs.
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The High Court quashed lower tribunal decisions in a family land dispute, holding that the parties lacked locus standi, the land was insufficiently identified, and procedure was flawed.
The High Court dismissed a land appeal, holding that the District Land and Housing Tribunal properly executed a Ward Tribunal decision rather than rehearing the dispute.
Second appeal over a land dispute allowed for procedural errors and failure to consider key evidence. The lower courts’ decisions were set aside and the case ordered heard de novo.
The plaintiff failed to prove, on a balance of probabilities, that his plot was reduced in size or that the 2nd defendant trespassed on his land. The evidence showed the boundaries matched the registered survey plan and there was no unlawful encroachment. The plaintiff did not substantiate the existence or effect of conflicting drawings, nor did he prove entitlement to the reliefs sought.
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