Tanzania Case Law

MAZIKU JUDG for Tanzlii

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant was found in unlawful possession of a firearm and 350 rounds of ammunition without a valid licence. The sentence of 20 years for each offence was the statutory minimum under section 60(2) of the Economic and Organized Crimes Control Act, as the penal measures under the Firearms and Ammunition Control Act were not greater. The appellant failed to raise any reasonable doubt or prove lawful ownership, and the evidence was coherent and unchallenged.

Source excerpt

• Unlawful possession of firearm
• Unlawful possession of ammunition
• Sentencing
• Evidence evaluation
• Licensing requirements

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cathmary hudson nyella v lisiouslight service company limited 2023 tzhc 22033 17 october 2023

Court

TZHC

The High Court allowed a civil appeal after finding a money-lending loan agreement unenforceable because the respondent lacked a valid business licence.

• Illegality of contract
• Licensing requirements
• Microfinance regulation
• Interest rate limits
• Admissibility of evidence
• Civil-appeal

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CIVIL APPEAL NO

Court

TANZLII

The trial court's finding that the loan agreement was void for lack of licensing was not supported by evidence; the 1st appellant's licensing status was not disproved. The principle of sanctity of contract applies, and the trial court's orders were based on incorrect assumptions. The appeal is allowed, and the trial court's decision is quashed and set aside.

Source excerpt

• Loan agreements
• Licensing requirements
• Sanctity of contract
• Remedies for void contracts

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julius kalwigamila nhwagi vs kitindi maganga 2022 tzhc 15190 14 december 2022

Court

TZHC

The High Court allowed a second appeal over a loan dispute, upheld the Primary Court’s award for the admitted debt, and rejected the licensing objection.

• Loan agreement
• Admission of debt
• Licensing requirements
• Sanctity of contract
• Loan-agreements
• Admission-of-debt

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CIVIL APPEAL NO 111 OF 2021 EZEKIEL MAGESSA VS GEITA GOLD MINING LIMITED

Court

TANZLII

The appellant failed to prove lawful occupation or ownership of the disputed mining area as he did not possess a valid mining licence as required by the Mining Act. Mere occupation, government letters, or payment of royalties do not confer legal rights to mine or own the area. The trial court's evaluation of evidence was correct and the appeal lacked merit.

Source excerpt

• Mining rights
• Land ownership
• Burden of proof
• Licensing requirements

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20201201 TZHC Dar es Salaam

Court

TZHC

The High Court held that the plaintiff failed to prove lawful possession and licensing for the timber, so the confiscation and disposal were lawful and the suit was dismissed.

• Confiscation of property
• Forest produce regulation
• Licensing requirements
• Damages
• Timber-confiscation
• Forest-produce-regulation

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tanzania audio visual disributors association others vs honourable attorney general others 2018 tzhc 2937 27 march 2018

Court

TZHC

The court found that neither Regulation 4(1) nor 23 of the Films and Music Products (Tax Stamps) Regulations imposes compulsory membership with the 2nd respondent as a condition for licensing or tax stamps. The petitioners failed to provide sufficient particulars or evidence of compulsory membership being a regulatory requirement. Therefore, no constitutional rights were infringed by the Regulations or the respondents' actions.

Source excerpt

• Freedom of association
• Right to work
• Copyright regulation
• Tax stamps
• Licensing requirements

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mirage lite limited vs best tigra industries limited 2015 tzhc 2090 4 september 2015

Court

TZHC

The High Court held the electrical works contract void ab initio because the plaintiff company was not incorporated when it contracted, dismissing the suit and awarding the defendant general damages.

• Void contracts
• Misrepresentation
• Company incorporation
• Licensing requirements
• General damages
• Contract-law

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20070605 TZHC Mwanza

Court

TZHC

The claim was based on an agency agreement that effectively assigned a cotton buying licence, which is expressly prohibited by law. Therefore, the contract is void and unenforceable, and the District Court lacked jurisdiction to grant relief based on such a contract.

Source excerpt

• Agency agreement
• Illegality of contract
• Licensing requirements
• Enforceability of contracts

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19760622 TZHC Tabora

Court

TZHC

The High Court allowed a criminal appeal, quashed the conviction, and discharged the sentence and forfeiture order in a case involving agricultural products offences.

• Controlled agricultural products
• Licensing requirements
• Transport regulations
• Sentencing
• Forfeiture
• Criminal-law

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