Tanzania Case Law

LAND APPEAL NO

Court

TANZLII

The grounds of appeal regarding the misspelling of the appellant's name and the lack of a proper defence were not raised at the trial tribunal and do not go to the root of the case; thus, they are not grounds for appellate interference. The issue of the unstamped sale agreement, though a point of law, could have been cured at trial by payment of stamp duty, and its omission is not fatal at the appellate stage. The appeal lacks merit and is dismissed.

Source excerpt

• Stamp duty compliance
• Admissibility of evidence
• Procedural defects
• Appellate review

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afrisa consulting limited vs alvic builders tanzania limited 2021 tzhccomd 3324 1 september 2021

Court

TZHCCOMD

The court held that failure to pay stamp duty does not automatically render a document inadmissible, and improper execution under section 39 of the Companies Act was not established. However, the plaintiff failed to meet the requirements for admission of secondary evidence under section 67 of the TEA, making the photocopy inadmissible.

Source excerpt

• Admissibility of evidence
• Stamp duty compliance
• Execution of company documents
• Secondary evidence

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hashimu issa mrope vs mwanahamisi bakari and 2 others 2021 tzhclandd 886 28 june 2021

Court

TANZLII

The trial tribunal erred by relying on documents not admitted as evidence, which occasioned a failure of justice to the appellant. Additionally, the appellant's sale agreement was illegally admitted without compliance with stamp duty requirements. These procedural irregularities necessitate a retrial.

Source excerpt

• Double sale
• Admissibility of evidence
• Stamp duty compliance
• Procedural irregularity

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hashim issa mrope vs mwanahamisi bakari and 2 others 2021 tzhclandd 696 28 june 2021

Court

TANZLII

The High Court ordered a retrial in a land appeal after finding the tribunal relied on annexures not admitted in evidence and a sale agreement admitted without stamp duty.

• Double sale of property
• Admissibility of documentary evidence
• Stamp duty compliance
• Procedural irregularities
• Land-law
• Civil-procedure

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Judgment Theresia

Court

TANZLII

The appellant failed to prove that the transfer documents were forged or improperly admitted; the evidence established that the appellant transferred the suit land to her late son, and the respondent proved her claim to the land as part of the deceased's estate.

Source excerpt

• Transfer of land
• Stamp duty compliance
• Forgery allegations
• Burden of proof
• Estoppel

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20140828 TZHC Dar es Salaam

Court

TZHC

The High Court reviewed and reversed its earlier order lifting attachment of motor vehicles, holding the applicant had not been served and was denied a chance to present evidence.

• Review of court orders
• Service of process
• Attachment and execution
• Company directorship and ownership
• Stamp duty compliance
• Review-of-court-orders

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ZACHARIA WILLIAM SALEMIS VS STABINC BANK T LTD MISC

Court

TANZLII

The objector failed to produce admissible evidence of interest in the property at the date of attachment due to non-compliance with stamp duty and land approval requirements, and the property remained in the possession of the judgment debtors; therefore, the application is disallowed and attachment continues.

Source excerpt

• Attachment of property
• Stamp duty compliance
• Transfer of property
• Execution of decree
• Prohibitory orders

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MILIKI TWAZIHIRWA MRINDOKO VS JUMA PILIPILI

Court

TANZLII

The appellant proved ownership of the disputed land on balance of probabilities through credible evidence tracing title from the original owner, while the respondent failed to establish a consistent chain of ownership and relied on an inadmissible, unstamped sale agreement. The trial tribunal's decision was based on improperly evaluated evidence and procedural irregularities, warranting reversal.

Source excerpt

• Ownership dispute
• Burden of proof
• Evidence evaluation
• Stamp duty compliance

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19950803 TZCA Dar es Salaam

Court

TZCA

The sale agreement was void ab initio due to illegality in attempting to defraud the Treasury and failure to pay stamp duty; the property was jointly owned and could not be sold by the late husband alone without the wife's consent; the appellant is only entitled to a refund of the purchase price deposited in court.

Source excerpt

• Joint ownership
• Fraudulent transfer
• Matrimonial property
• Illegality of contract
• Stamp duty compliance

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