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Tanzania Case Law

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Civil procedure JOSEPH KASHINJE

JOSEPH KASHINJE

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.

  • Burden of proof
  • Restitution
  • Unjust enrichment
  • Concurrent findings
  • Standard of proof in civil cases
  • Civil-appeal
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Contract law SYLIVESTER

SYLIVESTER

Appellant breached contract by using funds without written permission; claims for salary and rent are not substantiated and should be pursued separately. Appeal dismissed as meritless.

  • Breach of contract
  • Concurrent findings
  • Appeal procedure
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Family law shakila lucas vs ramadhani sadiki 2024 tzca 36 14 february 2024

shakila lucas vs ramadhani sadiki 2024 tzca 36 14 february 2024

The Court of Appeal upheld the division of matrimonial assets and dismissed the appeal, holding it could not re-evaluate the evidence afresh without legal error.

  • Division of matrimonial assets
  • Matrimonial property
  • Concurrent findings
  • Appellate jurisdiction
  • Burden of proof
  • Family-law
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Land law gelard mwesigwa boniphas v eligidius sosthenes 2023 tzhc 21304 29 september 2023

gelard mwesigwa boniphas v eligidius sosthenes 2023 tzhc 21304 29 september 2023

The appellant was the first purchaser of the disputed land in 2004 under a valid written agreement, and the vendor could not pass good title to the respondent in 2018. Oral testimony by the vendor contradicting the written agreement is inadmissible. The concurrent findings of the lower tribunals were based on a misapprehension of evidence and misapplication of legal principles regarding written contracts and title to land.

  • Double sale of land
  • Title to land
  • Admissibility of evidence
  • Customary law
  • Concurrent findings
  • Written contracts
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Civil law mashauri msabila vs felista bunzari 2023 tzhc 22893 18 august 2023

mashauri msabila vs felista bunzari 2023 tzhc 22893 18 august 2023

Second appeal dismissed in a rice-paddy dispute. The High Court upheld concurrent findings that the appellant received 11 bags and owed TZS 630,000.

  • Appeals
  • Evidence evaluation
  • Right to be heard
  • Contract of bailment
  • Concurrent findings
  • Civil-appeal
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Civil law nassoro kassimu mwenda vs bokasa sixtus nyagali 2023 tzhc 19251 27 july 2023

nassoro kassimu mwenda vs bokasa sixtus nyagali 2023 tzhc 19251 27 july 2023

High Court dismissed a civil appeal over a maize and debt dispute, holding that the lower courts properly evaluated the evidence and concurrent findings should stand.

  • Appeal procedure
  • Evaluation of evidence
  • Business partnership
  • Debt recovery
  • Concurrent findings
  • Civil-appeal
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Land law halfan abrahaman vs fadhili juma mziray 2023 tzhc 15733 24 february 2023

halfan abrahaman vs fadhili juma mziray 2023 tzhc 15733 24 february 2023

Second appeal over ownership of disputed land dismissed after the court upheld concurrent findings that the appellant had not proved title.

  • Ownership of land
  • Burden of proof
  • Adverse inference for failure to call witnesses
  • Concurrent findings
  • Evaluation of evidence
  • Land-law
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Land law faustine kingu vs ramadhani ally 2023 tzhclandd 75 30 january 2023

faustine kingu vs ramadhani ally 2023 tzhclandd 75 30 january 2023

Second appeal over a land ownership dispute in Kunduchi was dismissed after the High Court found the lower tribunals properly evaluated the evidence.

  • Ownership dispute
  • Evidence evaluation
  • Second appeal
  • Concurrent findings
  • Land-ownership-dispute
  • Second-appeal
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Criminal law MUDRICA ADAM VS THE REPUBLIC CRIMINAL APPEAL NO 379 OF 2023

MUDRICA ADAM VS THE REPUBLIC CRIMINAL APPEAL NO 379 OF 2023

The prosecution proved beyond reasonable doubt that the victim was below 18 years, penetration occurred, and the appellant was the perpetrator; statutory rape was established and the appellant's defence was not credible.

  • Statutory rape
  • Proof beyond reasonable doubt
  • Concurrent findings
  • Credibility of witness
  • Medical evidence
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Contract law edna magesa vs othman m abdallah 2022 tzhc 15265 15 december 2022

edna magesa vs othman m abdallah 2022 tzhc 15265 15 december 2022

The High Court dismissed a second civil appeal over a repayment agreement tied to criminal proceedings, holding the appellant failed to prove compliance with the contract.

  • Specific performance
  • Breach of contract
  • Concurrent findings
  • Burden of proof
  • Contract-law
  • Civil-procedure
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.