Tanzania Case Law

michael valeli kipoto vs efremu tobias kaziweni 2023 tzhc 21578 22 september 2023

Court

TZHC

The trial tribunal's proceedings were vitiated by failure to take oath/affirmation of witnesses, failure to append signature at the end of witness testimony, and irregularly proceeding interpartes after an ex-parte order without setting it aside. These procedural irregularities rendered the proceedings null and void.

Source excerpt

• Ex-parte proceedings
• Oath and affirmation of witnesses
• Constitution of tribunal
• Recording of evidence
• Procedural irregularities

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hosea william vs feliciana mlaki 2023 tzhc 17720 2 june 2023

Court

TZHC

The appellate tribunal properly recorded assessors' opinions in writing and in the presence of parties, the trial tribunal was properly constituted, and the appellate tribunal re-evaluated the evidence; no irregularity or miscarriage of justice occurred.

Source excerpt

• Tribunal procedure
• Assessors' opinions
• Constitution of tribunal
• Re-evaluation of evidence
• Limitation of actions

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zahara mingi vs athuman mangapi 2020 tzhclandd 133 14 may 2020

Court

TANZLII

Only the first and second proposed points of law, relating to jurisdiction and constitution of the tribunal, qualify for certification as points of law deserving the attention of the Court of Appeal. Matters of fact are excluded from certification.

Source excerpt

• Jurisdiction
• Constitution of tribunal
• Certificate on point of law

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raphael enea mngazija vs abdallah kalonjo juma 2020 tzca 239 8 april 2020

Court

TZCA

The Court of Appeal dismissed a land ownership appeal, holding that a new ground could not be raised for the first time and that the evidence supported the respondent’s title.

• Ownership of land
• Burden of proof
• Adverse inference
• Constitution of tribunal
• Contradictory evidence
• Land-law

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LAND APPEAL NO

Court

TANZLII

The failure of the chairman to ensure the presence and participation of assessors throughout the hearing, and to obtain their written opinions before judgment, constituted a grave procedural irregularity that vitiated the proceedings and judgment, necessitating a nullification and retrial.

Source excerpt

• Constitution of tribunal
• Role of assessors
• Procedural irregularity
• Retrial

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christopher mtumbuka vs jumanne mlagala 2014 tzhc 2134 26 september 2014

Court

TZHC

The evidence of the respondent was more credible and probable than that of the appellant, who gave inconsistent accounts and failed to prove his claims of customary title, administration of estate, or improper constitution of the tribunal. There was no merit in any ground of appeal.

Source excerpt

• Ownership of land
• Customary right of occupancy
• Admissibility of evidence
• Constitution of tribunal
• Administration of estates

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20120615 TZHC Mwanza6

Court

TZHC

The High Court dismissed a land appeal, holding that the Ward Tribunal was properly constituted and that the appeal was not properly filed as required by law.

• Ward tribunal jurisdiction
• Constitution of tribunal
• Appeal procedure
• Pecuniary jurisdiction
• Land-law
• Civil-procedure

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mohamed sultan vs selina masanja 2012 tzhc 121 15 june 2012

Court

TZHC

The High Court dismissed a land appeal for being improperly filed by memorandum instead of petition and upheld the Ward Tribunal’s validity and jurisdiction.

• Ward tribunal jurisdiction
• Constitution of tribunal
• Appeal procedure
• Pecuniary jurisdiction
• Land-law
• Civil-procedure

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