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Tanzania decisions
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High Court partly allowed a matrimonial appeal, quashing part of a property division and remitting the issue to another magistrate for fresh evidence and fairness review.
High Court allowed a second appeal in a loan dispute, holding the claimant failed to prove a TZS 3,000,000 debt and that the key exhibit was inconsistent.
The Facility Agreement was invalid and unenforceable due to late acceptance and breach of its terms. Although the mortgage was validly created and registered, its enforceability was contingent on the validity of the underlying loan agreement. Since the loan agreement was void, the mortgage could not be enforced. The Plaintiff is only entitled to restitution of the outstanding principal advanced, without interest or penalties. The counterclaim failed as the transfer of the property was not fraudulent, the property was not matrimonial at the time of mortgage, and the 1st Defendant had good titl…
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The High Court dismissed a land appeal, upheld the tribunal’s finding that the 1st respondent was lawful owner, and confirmed costs against the appellant.
The appellant was accorded the right to be heard, failed to object to the sale contract or raise forgery and death-date issues at the trial stage, and the respondent proved purchase and ownership of the disputed land through oral and documentary evidence. The appeal lacked merit and was dismissed.
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Second appeal over a disputed loan claim failed because the appellant did not prove that Tshs. 2,000,000 was advanced; the written document showed Tshs. 200,000.
The Tribunal proceedings were fatally irregular due to improper site visit and inconsistent involvement of assessors, rendering the judgment and decree null and void.
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The High Court nullified CMA proceedings, holding it lacked jurisdiction because the applicant was employed by RTI International, not RTI Tanzania.
The appeal is incompetent because the decree accompanying the memorandum of appeal is defective and inconsistent with the judgment, rendering the appeal not properly before the court.
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The appeal fails because the appellant did not raise objections to the sale agreement at trial, his evidence was contradictory and lacked credibility, and the respondent's evidence was stronger and corroborated, establishing ownership on the balance of probabilities.
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