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Tanzania decisions
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Neither defendant's written statement of defence, taken independently, constitutes an admission of liability to the plaintiff's claims; admissions must be clear and unequivocal, and cannot be inferred by combining separate statements from different defendants.
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The High Court held that Usangu Logistics breached three memoranda of understanding by withholding payment for transport services and dismissed its counterclaim over lost copper.
Appellant failed to prove claimed damages with credible evidence; proforma invoice was not sufficient proof of payment or incurred costs. No receipts or inspection report were tendered. Courts below correctly dismissed claim on balance of probabilities.
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The High Court held that a termination agreement altered the mortgage arrangement, the plaintiff had paid what was required, and the bank had to release the title deed.
The High Court held that a termination agreement altered prior loan terms, ordered release of the title deed, and found the plaintiff owed nothing further.
The High Court upheld preliminary objections and dismissed the suit against the 1st, 3rd, and 4th defendants for failure to disclose a cause of action.
The High Court refused leave to issue a third party notice against the insurer and entered judgment on admission for the plaintiff for TShs. 17,834,000.
General damages awarded by the trial court were inordinately high and not sufficiently justified; jurisdiction for small claims is determined by specific damages, not general damages; insurer is liable to satisfy judgment under Motor Vehicle Insurance Act.
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The High Court allowed a criminal appeal after finding the evidence of an employment relationship was inconclusive, so the labour-law convictions could not stand.
The High Court allowed a criminal appeal and set aside a compensation order made after a traffic conviction, holding that the appellant was not given a fair chance to contest the amount.
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