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Tanzania decisions
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The High Court dismissed a civil appeal over a timber supply dispute, upholding the trial court’s decision that the appellant failed to prove her claim and that the respondent proved his counterclaim.
The High Court’s Land Division held the defendant breached a sale agreement for a residential licence but ordered only a refund of TZS 50,000,000; the third party was exonerated.
The High Court entered a consent judgment after the parties settled. The defendants will pay TZS 92 million, and the plaintiff abandoned a prior TASAC award.
The High Court has jurisdiction to entertain the suit for defamation where only general damages are claimed, due to the proviso introduced in section 13 of the Civil Procedure Code by the 2016 amendment, rendering objections based on lack of specific damages redundant.
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Plaintiff established existence of loan agreement and defendant's default; evidence and pleadings proved claims on balance of probabilities, entitling plaintiff to all reliefs sought.
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The parties mutually agreed to settle all claims regarding Plot No. 41 Block 'C' Uhuru Street, Morogoro, with the Plaintiff relinquishing all rights and claims in exchange for monetary consideration and allocation of alternative plots, and the court recorded the settlement as a binding consent judgment.
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The High Court ordered a bank to return security documents retained after performance guarantee dealings and awarded TZS 20 million in general damages.
The High Court allowed a civil appeal in a defamation matter, holding that the respondent had not pleaded the specific defamatory words or proved publication to a third party.
The High Court at Musoma entered a consent judgment after the parties settled a pension and damages dispute and agreed to be bound by the deed of settlement.
The court found that the conduct of the parties, issuance of invoice, and payment into the respondent's account established a valid contract of sale between the appellant and respondent. The respondent breached the contract by delivering a defective vehicle, entitling the appellant to replacement and general damages.
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