Tanzania Case Law

dismas kanyemela vs karolius misungwi an administrator of the estate of the late constantine misungwi 6 others 2024 tzhc 873 18 march 2024

Court

TZHC

The appeal failed because the record showed the required certificate from the Ward Tribunal was both pleaded and attached to the application at DLHT, and the appellant admitted this in his defence. The appellant failed to prove otherwise, and the jurisdictional requirement was satisfied.

Source excerpt

• Jurisdiction of land tribunals
• Requirement of ward tribunal certificate
• Burden of proof
• Pleadings and admissions

Read case analysis

Land Appeal No

Court

TANZLII

The Tribunal correctly held it lacked jurisdiction to adjudicate the dispute as the property had already been determined as matrimonial property by a competent court, and the appellant conceded the relevant facts by failing to rebut the respondents' averments; the doctrine of stare decisis was properly applied.

Source excerpt

• Jurisdiction
• Stare decisis
• Res judicata
• Ownership of matrimonial property
• Pleadings and admissions

Read case analysis

charles christopher humphrey richard kombe ta humphrey building materials vs kinondoni municipal council 2021 tzca 337 2 august 2021

Court

TZCA

The Court of Appeal rejected a landowner’s compensation claim, holding he failed to prove a valid permit and did not strictly prove the value of items removed.

• Burden of proof
• Compensation for demolition
• Validity of permit
• Specific damages
• Pleadings and admissions
• Burden-of-proof

Read case analysis

kenya comm bank t ltd vs petromark africa ltd 5 others 2011 tzhccomd 2092 19 september 2011

Court

TZHCCOMD

High Court commercial claim over overdraft and term loan facilities secured by mortgages and guarantees. The court found the defendants liable and awarded judgment to the bank.

• Loan default
• Overdraft facility
• Term loan
• Guarantee enforcement
• Mortgage enforcement
• Directors' guarantees

Read case analysis

20110802 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed an appeal over vehicle repair costs, holding that repairs were admitted in the pleadings and the claimed amount was sufficiently proved.

• Proof of contract performance
• Indemnity under insurance
• Pleadings and admissions
• Assessment of damages
• Civil-appeal
• Pleadings-and-admissions

Read case analysis