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Tanzania decisions
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The High Court allowed a criminal appeal for malicious damage to property, holding that confusion over the plot and inconsistent evidence made the conviction unsafe.
The High Court dismissed a second appeal over an alleged TZS 1,822,000 loan, holding the appellant failed to prove a binding loan agreement on the balance of probabilities.
The trial court erred in awarding interest from the date of filing to final payment at 12% per annum, contrary to the Civil Procedure Code, and failed to deduct a payment of TZS 10,000,000/= made in July 2019. The correct principal due is TZS 107,980,580/=, and only post-judgment interest at 7% per annum is awarded from the date of judgment to full satisfaction. Admission of Exhibit P2 was proper as it was pleaded and partly annexed.
Source excerpt
The High Court held the defendants liable for USD 476,135 under a termination agreement and cheque, finding their tax and reconciliation defenses unsupported.
There was no evidence that any money was stolen from Tandahimba District Council or that the respondents conspired or occasioned loss; payments to the 1st respondent were made with the knowledge and consent of the partners, making the dispute a civil matter, not a criminal offence.
Source excerpt
High Court appeal over a partnership dispute was dismissed after the court upheld findings that a bar and guest house partnership existed and was breached.
The High Court dealt with appeals on customary inheritance, a partnership dispute, and attachment of property, and upheld the lower courts' factual findings.
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