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Tanzania decisions
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Appellant failed to prove purchase of the suit land as required by law; oral agreement was not substantiated by timely witness evidence; adverse possession does not apply where claim is based on alleged purchase and occupation was not uninterrupted.
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The High Court dismissed a civil appeal over a fuel debt, holding that an oral credit contract was proved, the debt was supported by evidence, and the costs award stood.
The High Court partly allowed a civil appeal over an oral fishing-net contract, upheld liability, but reduced damages to the pleaded amount and lowered general damages.
Appellant failed to discharge burden of proof on balance of probabilities regarding existence and performance of oral contract for supply of cement; supporting documents and evidence were insufficient or inadmissible; trial court's findings upheld except for improper striking out of witness statement, which did not alter outcome.
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The Court of Appeal held that no enforceable oral consultancy agreement was proved, so the commission claim failed. It upheld the filing of fresh witness statements.
The High Court dismissed a land appeal over an alleged oral lease, holding the agreement was unenforceable because it was not written and signed.
The trial court's finding of an oral contract was justified based on corroborated witness evidence, but the award of special damages was erroneous due to lack of strict proof. General damages were properly awarded with reasons provided. VETA was not a necessary party as it was not privy to the contract.
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The High Court allowed a second appeal, holding that material contradictions in evidence and improperly admitted SMS printouts undermined proof of the claim.
The trial court had jurisdiction as the cause of action was based on contract, not land; non-joinder of the village chairman was not fatal; the trial court properly analyzed the evidence and applied the correct standard of proof; oral evidence was sufficient in the absence of documents; all grounds of appeal lack merit.
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The High Court found an oral contract for wine supply, held the defendants breached it, and awarded the plaintiff Tshs. 305,333,688, interest, damages, and costs.
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