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Tanzania decisions
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High Court land appeal dismissed after finding the disputed land was sufficiently described, the respondent proved ownership, and rejected documents were properly excluded.
The demand notice dated 7th December 2020 issued by the first plaintiff is a public document, and its certification suffices for admissibility under section 83(a)(ii) of the Evidence Act; objections regarding notice to produce and certification procedure are overruled in the interest of justice.
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The prosecution failed to prove trafficking in narcotic drugs beyond reasonable doubt due to unreliable evidence regarding the bus ticket, lack of key witness testimony, and improper admission of the cautioned statement at preliminary hearing without its contents being read over and explained to the accused.
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The applicant raised contentious points of law regarding admissibility and proof of ownership that are fit for consideration by the Court of Appeal. The application meets the legal threshold for granting leave to appeal.
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The High Court dismissed a civil appeal over a car-hire contract, holding that the trial court properly evaluated evidence and that payment was proved by vouchers and bank slips.
The deed of compromise was never admitted by the tribunal to form part of the record; therefore, the chairman's order to expunge it was made in error, as only documents forming part of the record can be expunged. The proceedings from 4th October 2022 onwards are nullified, and the matter is remitted to the tribunal to proceed from before that date.
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The High Court dismissed a land appeal after finding no proof of forgery, no time bar, no denial of legal representation, and no error in the tribunal's handling of evidence.
Respondents' ownership commenced in 2010 by government allocation and title; appellants purchased from sellers without good title and failed to conduct proper search; bona fide purchaser principle does not apply; admitted documents were material and properly tendered; non-joinder of sellers not fatal as they testified; failure to consider final submissions is not fatal.
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A contract not pleaded in the plaint cannot be relied upon to determine a claim, even if admitted in evidence. Interest on commercial debts may be awarded at the court rate if not otherwise proved. The trial court was correct in refusing to rely on exhibit PI but erred in not awarding interest at the court rate on the undisputed debt.
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The High Court dismissed a land appeal, holding that the respondent’s documents were properly admitted and that a site visit was not mandatory.
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