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Tanzania Case Law

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Criminal law paschal malusa v john lilongwe 2023 tzhc 20432 11 august 2023

paschal malusa v john lilongwe 2023 tzhc 20432 11 august 2023

Second criminal appeal over theft conviction dismissed; the High Court upheld concurrent findings, accepted circumstantial evidence, and confirmed the school representative had locus standi.

  • Theft
  • Circumstantial evidence
  • Locus standi
  • Burden of proof
  • Primary court procedure
  • Criminal-law
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Contract law adriano development microfinance vs adoyo nandori kakoyo 2022 tzhc 14680 15 november 2022

adriano development microfinance vs adoyo nandori kakoyo 2022 tzhc 14680 15 november 2022

The High Court allowed a second appeal, holding that the Evidence Act did not apply to Primary Court proceedings and that the contract should be enforced.

  • Enforcement of contracts
  • Admissibility of evidence
  • Primary court procedure
  • Doctrine of sanctity of contract
  • Contract-law
  • Civil-procedure
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Contract law richard j kamanya vs elius s elizeus 2022 tzhc 12354 31 august 2022

richard j kamanya vs elius s elizeus 2022 tzhc 12354 31 august 2022

High Court appeal over a motorcycle sale agreement turned on contract interpretation, weekly payment terms, and whether failure to pay justified repossession.

  • Breach of contract
  • Interpretation of contract terms
  • Primary court procedure
  • Sanctity of contract
  • Breach-of-contract
  • Contract-interpretation
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Civil procedure kenedy makuza vs monalia microfinance ltd 2022 tzhc 10970 16 may 2022

kenedy makuza vs monalia microfinance ltd 2022 tzhc 10970 16 may 2022

The High Court held that the appellant's grounds were based on technicalities not required by primary court procedure, that new matters not raised at trial could not be entertained on appeal, and that the concurrent findings of the lower courts regarding breach of the loan agreement and liability to pay were correct. The appeal was dismissed for lack of merit.

  • Loan agreement
  • Breach of contract
  • Primary court procedure
  • Requirement of board resolution
  • Overriding objective principle
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Civil procedure rehema nuru mohamed vs cas microfinance ltd 2021 tzhc 6361 30 september 2021

rehema nuru mohamed vs cas microfinance ltd 2021 tzhc 6361 30 september 2021

The High Court quashed lower-court judgments after finding the trial was filed by an improper party. It ordered a de novo retrial with proper joinder.

  • Joinder of parties
  • Corporate litigation
  • Capacity to sue
  • Primary court procedure
  • Joinder-of-parties
  • Capacity-to-sue
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Civil procedure christina thomas vs joyce justo shimba 2021 tzhc 3401 28 may 2021

christina thomas vs joyce justo shimba 2021 tzhc 3401 28 may 2021

High Court civil appeal on an unpaid debt claim was allowed after the court found SMS evidence had been relied on without proper admissibility procedures.

  • Admissibility of electronic evidence
  • Burden of proof
  • Appellate review
  • Primary court procedure
  • Admissibility-of-electronic-evidence
  • Burden-of-proof
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Civil procedure enila kyando baskeli vs veronica sabali 2021 tzhc 2978 30 april 2021

enila kyando baskeli vs veronica sabali 2021 tzhc 2978 30 april 2021

The application fails because the applicant sought leave to appeal instead of certification on a point of law, which is the correct procedure for appeals originating from primary courts. Furthermore, the issues raised do not constitute novel points of law or matters of legal significance warranting certification.

  • Leave to appeal
  • Certification on point of law
  • Admissibility of evidence
  • Primary court procedure
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Civil procedure 20181130 TZHC Mwanza

20181130 TZHC Mwanza

High Court appeal allowed and the matter was remitted for retrial after procedural irregularities were found in the primary court proceedings.

  • Retrial
  • Admissibility of evidence
  • Framing of issues
  • Primary court procedure
  • Civil-appeal
  • Admissibility-of-evidence
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Criminal law 20151027 TZHC Dar es Salaam

20151027 TZHC Dar es Salaam

Judgment not signed by all court members as required by Rule 3(2) renders the judgment void; proceedings, conviction, sentence and refund order are set aside.

  • Obtaining money by false pretenses
  • Primary court procedure
  • Role of assessors
  • Judgment signing requirements
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Civil procedure 20130201 TZHC Arusha

20130201 TZHC Arusha

The High Court dismissed a civil appeal over school fees and property return, finding the primary court procedure proper and the evidence sufficient.

  • Appeals
  • School fees
  • Primary court procedure
  • Assessment of evidence
  • Civil-appeal
  • School-fees
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.