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The appellant failed to discharge the burden of proving that the disputed land belonged to his father, as the evidence showed the land was originally owned by the respondents' father. The lack of an appointed administrator for the respondents' father's estate was irrelevant since the appellant initiated the suit and failed to prove his claim.
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The appellant's pleadings alleged trespass by the respondent in 2022, but the evidence presented was at variance, seeking to prove the respondent was an invitee since 2012. The appellant failed to prove the pleaded claim on the balance of probabilities, and the respondent's evidence of possession since 1998 was more credible. Parties are bound by their pleadings and cannot succeed on a case not pleaded.
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The respondent failed to prove ownership of the disputed land to the required standard as the sale agreement was invalid and material witnesses were not called, warranting adverse inference. The trial tribunal's decision was set aside.
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The High Court dismissed a civil appeal, upholding concurrent findings that the appellants jointly forced payment of Tshs. 2,000,000 and must refund it.
The appellant failed to specifically plead and prove forgery to the required higher standard. The evidence did not establish that the signature on the spouse consent was not hers, and the trial tribunal was correct to compare the signatures and find the contract valid. The burden of proof remained with the appellant and was not discharged.
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The appellant failed to strictly prove ownership of the disputed land as required by law. The evidence presented left material gaps regarding the origin and transfer of title to the late George Manyangu Kalegi. The ex parte proceedings denied the respondent the right to be heard, constituting a breach of natural justice. Consequently, the appeal is dismissed on merits, but the trial tribunal's ex parte proceedings, judgment, and orders are quashed for want of justifiable reasons, and a retrial is ordered before a different chairperson and assessors.
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The respondent proved ownership of the disputed land as a gift inter vivos from his father through clear, consistent, and corroborated evidence, satisfying the legal requirements for such a transfer. The appellant failed to establish valid title due to a void sale agreement lacking consideration and signatures, contradictory oral evidence, and absence of proof of title from the sellers. The burden of proof was not discharged by the appellant, and the Tribunal's decision in favour of the respondent was correct in law and fact.
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The appeal was dismissed because the lower courts correctly identified and divided matrimonial properties based on evidence and applicable law, properly excluded new evidence not raised at trial, and applied the correct standard of proof to both parties. There was no misdirection or misapprehension of evidence or law to warrant interference with concurrent findings.
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The High Court certified two points of law for the Court of Appeal on the civil standard and burden of proof under the Evidence Act in a Primary Court-originating dispute.
The appellant failed to prove on the balance of probabilities that he was among the victims of the accident involving the 2nd respondent’s vehicle, as the documentary evidence he relied on was contradicted by authentic documents from the respondents and lacked corroborating eyewitness testimony. Thus, he was not entitled to compensation.
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