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Tanzania decisions
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The High Court dismissed Access Bank’s land appeal, upholding the finding that the first respondent owned the property and that the alleged mortgage was not proved.
The appellant failed to prove fraud or forgery, did not provide evidence that the respondent's appointment or the sale of the estate property was unlawful, and did not establish that the proceedings were time-barred or that the respondent was unqualified. The trial court confined itself to the pleadings and applicable law. The appeal lacked merit and was dismissed.
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The Plaintiff's claims are closely tied to execution of a decree and should be resolved within execution proceedings before the executing court. The High Court lacks jurisdiction to entertain a separate suit on these matters. The orders sought are not available in this context.
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The applicant failed to demonstrate any manifest error on the face of the record, deprivation of the right to be heard, fraud, or ambiguity in the order. The grounds raised are insufficient for review and amount to dissatisfaction with the decision, which should be addressed by appeal, not review.
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Failure to issue a 90-days statutory notice to the government and to join the Attorney General as a necessary party, where relief is sought against a government institution, is a fatal defect under Section 6(2), 6(3), and 6(4) of the Government Proceedings Act. The petition is incompetent and must be struck out. Exceeding the page limit is an irregularity but not fatal; however, the statutory notice defect vitiates the proceedings.
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An appeal against a consent decree is statutorily barred by section 70(3) of the Civil Procedure Code. Allegations of fraud or misrepresentation do not create an exception; the proper remedy is a fresh suit. The DLHT acted within its mandate as an executing tribunal and could not set aside the consent decree. The alleged forgery of the second appellant's signature cannot be determined as a pure point of law without evidence.
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Appellant failed to prove ownership of the suit land on balance of probabilities; respondent's documentary evidence of purchase and gift was more credible and unchallenged. Allegations of fraud were not substantiated by evidence.
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The High Court dismissed a land appeal, holding the appellant failed to prove title or adverse possession and upheld the tribunal’s decision.
The High Court found First Assurance breached its insurance obligation by delaying and repudiating a fire loss claim without proving fraud, and dismissed the claim against the broker.
The High Court held that the insurer breached its duty to indemnify Lake Oil after a fire loss and ordered payment, damages, interest, and costs.
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