Tanzania Case Law

lut

Court

TANZLII

The appellant failed to prove on a balance of probabilities that the respondent trespassed into his land. The evidence established the boundary as cassava trees, not the respondent's house base. The tribunal properly admitted and read Exhibit Pl. The tribunal erred in declaring the respondent lawful owner absent a counterclaim, but this did not affect the outcome as dismissal of the application meant the disputed land remains with the respondent.

Source excerpt

• Land boundary disputes
• Trespass
• Burden of proof
• Pleadings and reliefs

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Saku vs Kiselya Appeal final final final

Court

TANZLII

The trial tribunal committed fundamental procedural errors by failing to record and consider assessors’ opinions as required by law, and by awarding reliefs not founded on the parties’ pleadings. These irregularities vitiated the proceedings and resulted in a miscarriage of justice, warranting the quashing of the judgment and a retrial.

Source excerpt

• Ownership of land
• Pleadings and reliefs
• Role of assessors in tribunal
• Burden of proof
• Procedural irregularities

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Judgement Probate Appeal No

Court

TANZLII

The first appellate court acted without legal basis by nullifying the trial court's proceedings and ordering a retrial de novo on issues not raised by the parties, violating the principles of natural justice and the requirement to confine decisions to pleaded matters. There was no defect or illegality in the trial court's proceedings to justify nullification or retrial. The trial court's decision appointing the appellant as sole administrator is upheld.

Source excerpt

• Revocation of administrator
• Appointment of administrator
• Pleadings and reliefs
• Right to be heard
• Nullification of proceedings

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said abdallah doga vs rose fridoline mwapinga another 2023 tzca 17898 28 november 2023

Court

TZCA

The High Court judgment by Shaidi, J. was a nullity due to procedural irregularities, including lack of restoration after being struck out, granting reliefs not pleaded or prayed for, and denial of the right to be heard. The only executable decision is that of the District Land and Housing Tribunal (DLHT).

Source excerpt

• Revision
• Jurisdiction
• Right to be heard
• Execution of judgments
• Pleadings and reliefs

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a10 NKUNDWE THABIT ISUMO VS

Court

TANZLII

The appellant failed to prove that the disputed land is part of the estate of the late Regina Osijah Mgunda, as required by law. The trial tribunal was correct in dismissing the claim because the burden of proof was not discharged and the relief sought was not established by evidence.

Source excerpt

• Burden of proof
• Inheritance
• Customary law
• Pleadings and reliefs

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cuthbert alfred lyaro and another vs lina ahmed mpako 2022 tzhc 15415 31 august 2022

Court

TZHC

The High Court allowed a land appeal, holding that failure to read the assessor’s opinion to the parties was a fatal irregularity that nullified the tribunal’s decision.

• Procedural irregularity
• Assessors' opinion
• Execution of judgment
• Pleadings and reliefs
• Land-law
• Civil-procedure

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CIVIL APPEAL NO 180 OF 2022 AMRI YAHAYA MFIKILWA VS FATUMA NAMPEMBE

Court

TANZLII

The respondent is entitled to a share of the house at Mabwepande as it was acquired during marriage and she contributed through domestic work; custody of the children remains with the respondent as it is in their best interest; maintenance order of TZS 100,000 per month is appropriate; the appellant cannot claim the respondent's shares as matrimonial property as it was not pleaded at trial.

Source excerpt

• Division of matrimonial assets
• Custody of children
• Maintenance of children
• Pleadings and reliefs

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andrew c ndakidemi vs nassoro lwila and others 2021 tzhc 9218 10 december 2021

Court

TZHC

The High Court partly allowed a land appeal, upholding a 90-day grace period as within a general prayer but setting aside the refusal to award costs.

• Award of costs
• Reliefs not prayed for
• Judicial discretion
• Pleadings and reliefs
• Land-law
• Civil-procedure

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dew drop co ltd vs ibrahim simwanza 2021 tzca 525 27 september 2021

Court

TZCA

Court of Appeal partly allowed an employment appeal, holding the termination was substantively fair but procedurally unfair, and striking out unsupported reliefs.

• Unfair termination
• Remedies for unfair dismissal
• Pleadings and reliefs
• Procedural fairness in termination
• Unfair-termination
• Procedural-fairness

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hassan mohamed ausi and 2 others vs uda management agency limited 2021 tzhcld 526 24 september 2021

Court

TANZLII

The applicants were employed on fixed term contracts which expired by effluxion of time. There was no evidence of reasonable expectation of renewal or unfair termination. The CMA erred in awarding re-engagement, a remedy not sought by the applicants. The decision of the CMA is quashed and set aside.

Source excerpt

• Fixed term contracts
• Unfair termination
• Remedies in labour disputes
• Pleadings and reliefs

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