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Tanzania decisions
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The High Court at Dodoma upheld preliminary objections and rejected the plaint for lack of locus standi and failure to disclose a cause of action.
The appellant failed to establish that the respondents owed him a duty of care in tort in the absence of a contractual relationship, and did not discharge the burden of proof to show negligence or lack of qualification on the part of the investigator. The trial court correctly applied the law regarding burden and standard of proof, and the appellant's grounds of appeal lacked merit.
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Ex parte High Court judgment on a church construction dispute. The court found a valid Kongwa contract, awarded payment for work done, general damages, and costs.
The High Court granted leave to appeal to the Court of Appeal, finding the proposed grounds arguable on contract formation, burden of proof, and damages.
The High Court allowed an appeal and ordered repayment of Tshs. 14,310,000, finding the appellant paid the respondent but received no goods in return.
A factual dispute as to the existence of a contractual relationship and issuance of cheques constitutes a triable issue. The High Court erred by requiring the appellant to show a defence on merit at the leave stage. Leave to defend should have been granted.
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A factual dispute existed regarding the contractual relationship and issuance of cheques, constituting a triable issue. The High Court erred by requiring a defence on merit at the leave stage; the correct test is whether a triable issue is disclosed.
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