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Tanzania decisions
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A Tanzanian High Court land case partly enforced an earlier judgment on admission, but dismissed the plaintiff’s remaining compensation and damages claims for lack of proof.
Plaintiff failed to prove on a balance of probabilities that he was injured during the eviction or that the injury was caused by the Defendants; medical and testimonial evidence was inconsistent and did not support the claims; special damages were not strictly proved.
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The Court of Appeal dismissed both the appeal and cross-appeal, holding that neither party specifically pleaded and strictly proved its claimed fuel-account balance.
The suit was not time barred as limitation ran from the date the respondent became aware of trespass; the trial court was not legally required to involve assessors; respondent proved ownership by certificate of title and testimony; special damages were not strictly proved and the award was set aside; appellant's defence was considered and found weak.
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The DLHT erred by determining matrimonial issues outside its jurisdiction, disregarding assessors' opinions without reasons, and relying on an invalid sale agreement not supported by credible evidence. The appellants proved their status as lawful owners of the disputed land, and the counterclaim was not sufficiently proved.
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Appellant failed to strictly prove special damages and extent of injuries due to lack of expert evidence, but it was undisputed he sustained injuries from respondent's negligence. Court awarded general damages for pain and suffering.
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The trial court had jurisdiction as the substantive claim was within its pecuniary limits. The appellant failed to prove disbursement of the loan, and deductions from the respondent's salary were made without justification. Special damages were only proved to the extent of Tshs. 3,148,600/=. General damages of Tshs. 25,000,000/= were justified. The award of Tshs. 10,000,000/= as interest was not pleaded and is set aside, replaced by 7% interest on special damages from the date of judgment to full payment.
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The High Court dismissed a malicious prosecution claim, finding the plaintiff failed to prove lack of reasonable and probable cause or malice.
The application for discovery fails because the Applicant did not establish that the Respondent is in possession of the requested documents, and the application amounts to a fishing expedition rather than a necessary step for fair disposal of the suit. The minimum criteria for discovery under Order XI Rule 10 of the Civil Procedure Code were not satisfied.
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The Court of Appeal dismissed an appeal over impounded trucks, holding the appellants failed to prove their claims or special damages.
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