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Tanzania decisions
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The appeal was dismissed as all grounds lacked merit; the administrator was properly appointed, jurisdiction was correct, no improper delegation or misuse was proven, and additional evidence was not properly requested at the lower court.
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The High Court allowed a second appeal, finding no proof of a valid oral lease contract between the parties and holding that TABOA, not the appellant, was responsible.
The Court of Appeal allowed an appellant to add a locus standi ground and ordered the High Court to take additional evidence on who the company’s shareholders were.
The High Court erred in ordering a retrial on division of matrimonial assets; the proper procedure was to order the reception of additional evidence under Order XXXIX rules 27, 28, and 29 of the Civil Procedure Code before composing judgment.
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The appellant failed to prove uninterrupted adverse possession by admissible evidence; submissions before the DLHT did not constitute additional evidence as no order for such evidence was made. The High Court's decision awarding ownership to the respondent was correct.
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Proceedings and judgments of both the Ward Tribunal and District Land and Housing Tribunal are quashed due to irregularities: the appellant was a non-existent entity lacking capacity to sue, the respondent lacked locus standi, and the appellate tribunal failed to follow proper procedure for calling additional evidence and did not provide adequate reasons for its judgment.
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The High Court quashed district court appeal proceedings for hearing additional evidence without recorded reasons, and ordered a rehearing before a different magistrate.
The Court of Appeal ordered additional evidence in a murder appeal after an acquittal, directing factual clarification on the scene, injuries, and related exhibits.
The Court of Appeal ordered additional evidence in a murder appeal after a High Court acquittal, directing focused inquiries on identity, scene layout, road condition, and medical causation.
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