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Tanzania decisions
Decisions matching the current search
The High Court partly quashed a tribunal decision that declared the respondent owner of a disputed house, but upheld dismissal of the appellant’s claim.
The High Court in Mwanza declared Gratian Kalibala presumed dead after seven years without contact, but declined the request to commence a civil suit on property and inheritance.
Frank Wirth has been missing for 18 years, with no evidence of life and no objections after public notice. The legal threshold for presumption of death under section 117 of the Evidence Act is met, justifying the declaration.
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Gaius Akilindogo Haule has been unheard of for more than five years by those who would naturally have heard from him, satisfying the statutory and judicial requirements for presumption of death; no evidence to the contrary exists.
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Kepha Peter Mwiti has been missing for over six years, no evidence or objection was presented to rebut the presumption, and the applicant, as his wife, is entitled to seek presumption of death under section 161(1) Law of Marriage Act and section 117 Evidence Act. The court infers, based on the facts and absence, that he is presumed dead.
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The High Court allowed a criminal appeal, quashing convictions for false swearing and uttering a false document after finding the offences were not proved.
The High Court acquitted two accused of murder after finding the identification evidence unreliable and the accomplice testimony uncorroborated.
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