Tanzania Case Law

final judgment GODLOVE ELINISARIA Tanzlii

Court

TANZLII

The appeal was dismissed because the grounds raised by the appellant were either not raised at the first appellate stage or lacked merit. The trial and first appellate courts properly considered the evidence regarding child maintenance and division of matrimonial property. The appellant was afforded the right to be heard, and the respondent's contributions to the improvement of the house justified its classification as matrimonial property subject to division.

Source excerpt

• Matrimonial property division
• Child maintenance
• Custody
• Right to be heard
• Introduction of new grounds on appeal

Read case analysis

the registered trustees of masjid mkongwe vs athumani nyumbaniki and4 others 2020 tzhclandd 3907 10 december 2020

Court

TANZLII

The appeal was dismissed because the appellant failed to prosecute most grounds, improperly introduced new grounds and evidence at appeal, and failed to prove ownership or adverse possession. The trial tribunal's decision in favour of the respondents was upheld.

Source excerpt

• Adverse possession
• Burden of proof
• Pleadings
• Inheritance of land
• Introduction of new grounds on appeal

Read case analysis

abtwalib amir shoko vs kilimamoja village council 2008 tzhc 72 14 march 2008

Court

TZHC

The High Court dismissed a land appeal because the appellant introduced a new ground in submissions without seeking leave, making the omission fatal.

• Doctrine of long occupation and possession
• Credibility of witnesses
• Evaluation of evidence
• Policy of operation vijiji 1974
• Introduction of new grounds on appeal
• Visit to locus in quo

Read case analysis