Tanzania Case Law

onaukiro anandumi ulimi vs standard oil comoany limited 3 others 2023 tzca 18010 19 december 2023

Court

TZCA

The appellant was not duly served with a notice of default as required by the mortgage deed and section 127(1) of the Land Act; however, the 4th respondent, having acquired registered title as a bonafide purchaser for value, is protected under section 135 of the Land Act, and the sale cannot be set aside in absence of fraud or misrepresentation.

Source excerpt

• Mortgage enforcement
• Notice requirements
• Bonafide purchaser protection
• Counterclaim procedure
• Default judgment
• Variation of contract

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eupharacie mathew rimisho ta emari provision store another vs tema enterprises limited another 2023 tzca 102 13 march 2023

Court

TZCA

The Court of Appeal upheld liability for a consolidated loan of TZS 385,600,000, relying on a written agreement admitted without objection and dismissing evidentiary challenges.

• Loan agreements
• Breach of contract
• Burden of proof
• Admissibility of evidence
• Guarantor liability
• Interest on loans

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peter njovu vs elizabeth ndauka 2023 tzhc 15812 2 march 2023

Court

TZHC

The High Court dismissed a land appeal, finding no procedural or evidential basis to upset the tribunal’s decision awarding the disputed acre to the respondent.

• Successive trials
• Standard of proof in civil cases
• Pleadings and estoppel
• Compliance with prescribed forms
• Land-law
• Civil-procedure

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