Tanzania Case Law

PC CIVIL APPEAL NO

Court

TANZLII

The appeal was filed within the prescribed time as the period awaiting the decree is excluded by law. Although certain exhibits were improperly admitted and expunged, the remaining oral and documentary evidence was sufficient to prove the case on the balance of probabilities. The failure to join the 2nd appellant as a necessary party in the first appellate court was a material omission. The decision of the first appellate court is quashed and the trial court's decision is restored with costs.

Source excerpt

• Appeals
• Sale of goods
• Motor vehicle ownership
• Procedural irregularity
• Right to be heard

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rashid abdallah kivumbi vs china new era international engineering corp ltd others 2021 tzhc 9245 14 december 2021

Court

TZHC

The High Court dismissed an appeal over motor vehicle ownership and insurance indemnity, holding that the appellant failed to prove ownership and insurable interest.

• Motor vehicle ownership
• Insurance indemnity
• Burden of proof
• Insurable interest
• Motor-vehicle-ownership
• Insurance-indemnity

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