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Tanzania decisions
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The High Court dismissed a land appeal over an 8-acre dispute, finding the appellant failed to prove inheritance-based ownership and that the respondents’ possession evidence prevailed.
The Court of Appeal held that the High Court wrongly decided a new issue not framed before the CMA, quashed that decision, and remitted the revision for further hearing.
The appeal was allowed because the trial tribunal based its decision on a counterclaim that was never formally filed, admitted secondary evidence without procedural compliance, relied on inadmissible hearsay, considered matters outside the framed issues, and failed to properly evaluate evidence of first occupation by the appellants.
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The Court of Appeal held that the appellant’s registered title to two plots prevailed, reversed the High Court, and declared him the lawful owner.
The Court of Appeal upheld dismissal of a bank-customer claim, finding the bank was justified in treating a large transfer as suspicious and protected by AMLA immunity.
The Court found that the issue of compensation, although not pleaded or framed for trial, was raised and evidence led by both parties. The Court had already considered and rejected the applicant's arguments in the previous appeal, and the alleged omission cannot be brought again through review. No manifest error or illegalities were demonstrated to warrant review.
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The Tribunal erred by introducing and determining issues of forgery and identity that were not pleaded or framed for determination, violating procedural fairness and the principles of natural justice. The Tribunal also failed to properly evaluate the totality of evidence and misapplied the balance of probabilities. These errors necessitate a fresh hearing before the District Land and Housing Tribunal.
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The Court of Appeal of Tanzania at Zanzibar dismissed a land ownership appeal, finding the disputed land was sufficiently identified and the limitation point unsupported.
The High Court judgment was a nullity because it was based on issues not pleaded or framed for determination, and the parties were not given an opportunity to be heard on those issues, violating the principles of natural justice.
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The High Court dismissed an appeal over disputed construction-payment claims, finding the additional amounts were not proved against the respondent and setting aside unpleaded general damages.
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