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Tanzania Case Law

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Land law Land Appeal No

Land Appeal No

The appellant failed to discharge the burden of proof to establish ownership of the disputed properties. The evidence and documents presented by the respondent were heavier and consistent, and the tribunal properly evaluated the evidence. There were no material contradictions or procedural errors warranting appellate intervention. The tribunal's decision declaring the respondent as lawful owner is upheld.

  • Ownership of property
  • Burden of proof
  • Pleadings and evidence
  • Appellate review
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Land law 78

78

The High Court dismissed a land appeal, holding the appellant failed to prove the disputed house belonged to the deceased’s estate and found no extraneous matters.

  • Ownership of property
  • Burden of proof
  • Evidence evaluation
  • Extraneous matters in judgment
  • Presumption of marriage
  • Land-law
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Criminal law Deusdedith Mnyeto

Deusdedith Mnyeto

The High Court dismissed a criminal appeal over alleged cattle theft, holding the prosecution had not proved stealing beyond reasonable doubt and upholding return of the cattle.

  • Stealing
  • Burden of proof
  • Acquittal
  • Ownership of property
  • Criminal-law
  • Burden-of-proof
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Labour law RAPHAEL Z

RAPHAEL Z

Vehicles are registered in the name of the judgment debtor; sale agreements are not sufficient to prove ownership due to lack of stamp duty, suspicious circumstances, and incomplete transfer. Therefore, vehicles are liable for attachment and sale in execution of the decree.

  • Execution proceedings
  • Attachment of property
  • Third party claims
  • Ownership of property
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Probate and administration PC CIVIL APPEAL NO 6704 of 2024 EDITED

PC CIVIL APPEAL NO 6704 of 2024 EDITED

The appellant proved on the balance of probabilities, through documentary evidence, that the disputed properties were acquired after the death of Felista Alfonsi Mkaombe and thus do not form part of her estate. The respondent failed to provide sufficient evidence to establish Felista's ownership of the properties. The trial court's decision to exclude the properties from Felista's estate was correct and should be restored.

  • Estate administration
  • Burden of proof
  • Ownership of property
  • Appellate review
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Contract law Judgement PC

Judgement PC

The appellant failed to prove coercion or undue influence at the time of signing the contract. The evidence established that the contract was executed voluntarily, witnessed by an advocate and another individual, and the appellant admitted to signing it without force. The respondent's evidence was more credible, proving ownership and the appellant's obligation under the contract. The contract is valid and binding.

  • Validity of contract
  • Coercion
  • Burden of proof
  • Ownership of property
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Land law kamata safii

kamata safii

The plaintiff proved, on a balance of probabilities, joint ownership of the Mbweni property with the deceased under joint tenancy, entitling her as sole owner upon his death. No sufficient evidence was adduced to grant her any interest in the Mpigi-Magohe property, as her contributions were not proven to be of a permanent or substantial nature. Allegations of forgery by the defendant were unsubstantiated and did not rebut the plaintiff's documentary evidence.

  • Joint tenancy
  • Ownership of property
  • Probate and administration
  • Burden of proof
  • Mediation settlement
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Land law celina malu mhumbira another vs premji r pindoria 2 others 2023 tzhclandd 17159 28 november 2023

celina malu mhumbira another vs premji r pindoria 2 others 2023 tzhclandd 17159 28 november 2023

The High Court dismissed a land appeal over rent arrears, upholding liability under lease agreements and rejecting belated objections to evidence.

  • Lease agreements
  • Rent arrears
  • Admissibility of evidence
  • Ownership of property
  • Rent-arrears
  • Lease-agreements
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Land law miamia global limited vs saad saleh juma 2023 tzhclandd 17158 28 november 2023

miamia global limited vs saad saleh juma 2023 tzhclandd 17158 28 november 2023

The High Court dismissed a land appeal over rent arrears, holding the appellant was bound by the lease agreements and could not raise new evidentiary objections on appeal.

  • Lease agreements
  • Rent arrears
  • Admissibility of evidence
  • Ownership of property
  • Rent-arrears
  • Lease-agreements
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Land law ziada thabiti hussein as administratrix of the estate of thabiti hussein chanza vs kessy jafary nguge 2 others 2023 tzhclandd 16934 14 september 2023

ziada thabiti hussein as administratrix of the estate of thabiti hussein chanza vs kessy jafary nguge 2 others 2023 tzhclandd 16934 14 september 2023

The High Court allowed a land appeal, holding that a residential license had expired and did not prove the 2nd respondent’s personal ownership.

  • Ownership of property
  • Administrator's powers
  • Validity of sale
  • Residential license
  • Probate proceedings
  • Land-law
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.