SILO LANTA
Applicant failed to provide evidence of sickness and did not follow up on the progress of the appeal; delay was not sufficiently accounted for; application unmerited.
Source excerpt
- Extension of time
- Appeals
- Evidence requirements
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Asia Shaban
The High Court dismissed a land appeal, holding that the appellant had not produced sufficient evidence to prove ownership of the disputed land.
- Proof of ownership
- Evidence requirements
- Fair hearing
- Land-law
- Proof-of-ownership
- Evidence-requirements
matibya n ghabi vs republic 2024 tzca 34 14 february 2024
The Court of Appeal allowed a criminal appeal, finding the prosecution had not proved beyond reasonable doubt that the complainant was a secondary school student and that the appellant impregnated her.
- Burden of proof
- Standard of proof
- Evidence requirements
- Offence of impregnating a school girl
- Burden-of-proof
- Standard-of-proof
kellu kamo lucas vs dr luis b shija 2023 tzca 17924 12 december 2023
The Court of Appeal held that the appellant’s registered title to two plots prevailed, reversed the High Court, and declared him the lawful owner.
- Ownership of registered land
- Burden of proof
- Partnership property
- Evidence requirements
- Pleadings and issues
- Land-law
gayila gesa versus elias salum 2023 tzhc 23146 1 december 2023
The High Court granted leave to appeal in a land dispute, finding the applicant raised arguable points of law warranting Court of Appeal review.
- Leave to appeal
- Sale of land
- Evidence requirements
- Leave-to-appeal
- Land-disputes
- Evidence-law
shukrani makwasa bwile vs kings secondary school 2023 tzhcld 1489 15 november 2023
The High Court dismissed a labour revision, holding that the applicant had not proved sufficient cause for a late filing and that the arbitrator had jurisdiction.
- Extension of time
- Employment termination
- Procedural fairness
- Evidence requirements
- Labour-law
- Extension-of-time
magreth fabian mrina as administratrix of the estate of the late fabian steven mrina vs efc tanzania microfinance bank 4 others 2023 tzhclandd 17137 13 october 2023
The appellant failed to prove ownership of the disputed property with primary evidence, and the procedural irregularities alleged did not occasion injustice. The mortgage and sale were found to be valid, and the trial tribunal's decision was upheld.
Source excerpt
- Mortgage
- Public auction
- Ownership dispute
- Procedure in land tribunals
- Evidence requirements
Masunga Emmanuel Masunga vs Mitanda Ndakama Gashinje
Appellant did not purchase the disputed land from the owner; only the owner can transfer good title. Failure to cross-examine key witness implies acceptance of respondent's evidence. No legal requirement for specific number of witnesses. Departure from assessors' opinion was justified and reasoned.
Source excerpt
- Transfer of title
- Proof of ownership
- Role of assessors
- Evidence requirements
maiko lusambo vs the republic 2023 tzhc 20546 31 august 2023
The High Court allowed a criminal appeal for cattle stealing, holding the prosecution had not proved the case beyond reasonable doubt and had not properly applied recent possession.
- Stealing cattle
- Doctrine of recent possession
- Standard of proof
- Evidence requirements
- Criminal-appeal
- Cattle-theft
sixbert bayi sanka vs rose nehemia samzugi 2023 tzca 227 4 may 2023
The Court of Appeal upheld a divorce property division, finding the respondent’s contribution to the matrimonial house could be proved without receipts.
- Division of matrimonial property
- Contribution to matrimonial assets
- Evidence requirements
- Family-law
- Matrimonial-property
- Property-division-on-divorce
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