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Tanzania decisions
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The Court of Appeal dismissed both the appeal and cross-appeal, holding that neither party specifically pleaded and strictly proved its claimed fuel-account balance.
The applicant was not unfairly terminated; the evidence, including CCTV footage, sufficiently proved he refused to sign the suspension letter, and hearsay evidence was properly disregarded.
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The respondent failed to strictly prove the claim for special damages on balance of probabilities; there was no tangible evidence of the alleged transaction, and the lower courts erred in awarding the claimed amount without strict proof.
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The respondent's evidence, both oral and documentary, was heavier and credible, establishing existence of a valid contract and agency, while appellant's evidence was merely a general denial without substantiation. Delivery notes and invoices, admitted without objection, corroborated the respondent's claim. Appeal dismissed for lack of merit.
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Appellant proved ownership of the disputed land through credible oral evidence corroborated by defence testimony; contradictions in evidence were not material and oral evidence sufficed to establish title.
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The High Court upheld the District Court and dismissed a second appeal, holding that the Primary Court lacked jurisdiction over a common law tort claim and that no contract was proved.
The High Court in Musoma dismissed an application for leave to appeal to the Court of Appeal, finding the proposed grounds were afterthoughts or not points of law.
The High Court upheld concurrent lower-court findings that the respondent proved a maize-sale transaction on a balance of probabilities and dismissed the appeal with costs.
The High Court allowed a second appeal, finding no proof of a valid oral lease contract between the parties and holding that TABOA, not the appellant, was responsible.
The Court of Appeal of Tanzania upheld most of the High Court’s judgment, adjusting special damages to USD 285,863.60 and dismissing the appeal with costs.
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