Tanzania Case Law

MARIA MALULU Vs

Court

TANZLII

The appeal was dismissed because the appellant failed to prove her claim to the disputed land, failed to challenge the oral will in the proper forum, failed to establish contradictions in the respondent's evidence, and failed to prove the size of the disputed land as pleaded. The respondent's evidence of inheritance and long-term use was more credible and consistent, and the tribunal's findings were upheld.

Source excerpt

• Inheritance of land
• Oral wills
• Burden of proof
• Pleadings and amendments
• Long-term land use
• Family land disputes

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Shagero Slaa

Court

TANZLII

The tribunal properly evaluated the evidence, giving no weight to the appellant's inconsistent and unsupported claims. The admission of the unstamped sale agreement was an irregularity but did not occasion a failure of justice, as there was sufficient oral evidence to support the respondent's case. Both grounds of appeal lacked merit.

Source excerpt

• Trespass to land
• Admissibility of evidence
• Pleadings and amendments
• Stamp duty on documents

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20170317 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal allowed a civil appeal over dishonoured cheques, holding the trial judge used the wrong standard of proof and failed to assess the evidence properly.

• Standard of proof in civil cases
• Dishonoured cheques
• Pleadings and amendments
• Directors' liability
• Evidence in contract disputes
• Standard-of-proof

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charles richard kombe ta building vs evarani mtungi others 2017 tzca 153 8 march 2017

Court

TZCA

The trial court erred by applying both civil and criminal standards of proof and by failing to properly evaluate the evidence and pleadings. The appellant established his claim on the balance of probabilities, supported by documentary and oral evidence, and is entitled to judgment as prayed.

Source excerpt

• Standard of proof
• Dishonoured cheques
• Pleadings and amendments
• Directors' liability
• Guarantee and suretyship

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sebastian rukiza kinyondo vs dr medard mutalemwa mutungi 1999 tzca 28 28 june 1999

Court

TZCA

The Court of Appeal partly allowed the appeal, setting aside the corrupt-practices certificate but upholding the rest of the High Court's decision on defamation and tribalism.

• Election petitions
• Corrupt practices
• Defamation in elections
• Tribalism in campaigns
• Burden of proof
• Pleadings and amendments

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19981204 TZHC Dar es Salaam 1

Court

TZHC

The court held that the plaintiff was entitled to approach the court without first exhausting internal party remedies, as the CUF constitution did not expressly oust court jurisdiction and any such ouster would be contrary to the Constitution. The Board of Trustees was not a proper party for non-proprietary disputes and was struck off. Procedural defects in pleadings were to be cured by amendment, not by striking out the pleadings.

Source excerpt

• Jurisdiction of courts
• Exhaustion of internal remedies
• Locus standi of trustees
• Pleadings and amendments

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