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Tanzania decisions
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The High Court dismissed a land appeal, holding that the appellant failed to prove ownership of the disputed land on a balance of probabilities.
The trial tribunal erred by determining the case on issues not pleaded, specifically invoking adverse possession without it being raised by the parties. The dispute was about a portion of land with an incomplete survey process, and the land authority was not a party. The proper procedure is to allow the survey process to be completed by the relevant authority, after which any aggrieved party may challenge the outcome.
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The High Court dismissed an insured's claim against his insurer after finding he failed to prove the alleged collision and resulting damage on a balance of probabilities.
The Defendant, having been duly served but failing to enter appearance or seek leave to defend, is deemed to have admitted the Plaintiff's claims. The Plaintiff is entitled to judgment for the outstanding contractual sum, bank charges, interest, and costs as per Order XXXV of the Civil Procedure Code.
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The trial tribunal properly evaluated the evidence and found the respondent's case more credible and corroborated than the appellant's, who failed to discharge the burden of proof. No procedural irregularities or denial of fair hearing occurred.
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The respondent was entitled to claim her share of the land as a co-owner and was not required to be administrator of her late husband's estate. The tribunal's failure to visit the locus in quo was not fatal as there was no material contradiction on the size or boundaries of the land. The evidence of the respondent was found to be heavier than that of the appellants, and the tribunal's decision was upheld.
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High Court appeal on adultery damages: liability against the spouse was set aside, but the third party remained liable and general damages were increased.
Ex parte commercial judgment for unpaid agrochemicals. The High Court in Arusha found Jubaili Agrotec proved USD 80,785 due and awarded interest, damages, and costs.
Ex parte commercial judgment for unpaid goods: the High Court found Hanspaul Industries proved USD 64,244 due for supplied boxes, with interest, costs, and TZS 5,000,000 in general damages.
The Court of Appeal dismissed a libel appeal, holding that the appellant failed to plead and prove the exact defamatory words and did not discharge the burden of proof.
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