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Tanzania decisions
Decisions matching the current search
The High Court at Tanga allowed a land appeal, expunged Exhibit R1, set aside the tribunal decision, and declared the appellant the lawful owner.
The High Court dismissed a civil appeal over a timber supply dispute, upholding the trial court’s decision that the appellant failed to prove her claim and that the respondent proved his counterclaim.
The High Court dismissed a land appeal after finding the appellant failed to prove ownership and trespass, and that the tribunal properly evaluated the evidence.
The High Court allowed a land appeal, holding that the tribunal claim was incompetent because the pleadings were ambiguous, prejudicial, and failed to clearly identify the cause of action.
The African Court reopened pleadings in an electoral-rights case against Tanzania and allowed RFK Human Rights and IHRDA to intervene as amici curiae.
The appeal is dismissed because the Tribunal's judgment, though unconventional in structure, complied with legal requirements; the appellants failed to plead and prove essential facts regarding their claim; and the doctrine of adverse possession was wrongly applied but this error does not affect the outcome as the appellants' case was not proved on the pleadings and evidence.
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The Tribunal erred by introducing the issue of non-joinder of parties during judgment composition without affording parties the right to be heard, violating principles of natural justice and binding by pleadings.
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The High Court held that a compensation claim was time-barred because the cause of action arose on 3 December 2022, but the suit was filed on 22 February 2024.
The appellant was only a guarantor, not the borrower; the DLHT misdirected itself by considering only respondents' evidence and failing to properly evaluate the evidence; the sale of the Disputed Property was inappropriate as the first respondent was the borrower and her property should have been sold first.
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The preliminary objections are overruled because the issue of when the cause of action arose is a matter requiring evidence and cannot be determined at the preliminary stage; thus, the suit is not shown to be time barred or lacking a cause of action on the face of the pleadings.
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