Tanzania Case Law

athumani amiri vs hamza amiri anoter 2022 tzca 772 6 december 2022

Court

TZCA

The certificate of title is conclusive evidence of ownership and shareholding; since it shows the parties as tenants in common in equal shares, the trial court was correct in apportioning equal shares. Reliefs not pleaded, including rent, cannot be granted. The appellant failed to prove entitlement to rent or to show error in the trial court's reliance on the certificate of title.

Source excerpt

• Co-ownership
• Title to land
• Burden of proof
• Pleadings
• Relief not pleaded

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vanus sinkamba vs festo valerian mushi 2021 tzhc 6081 6 september 2021

Court

TZHC

The High Court partly allowed a second appeal, upholding the debt finding but setting aside the lower court’s motorcycle order for being outside execution proceedings.

• Execution of judgments
• Admissions in pleadings
• Scope of appellate review
• Counterclaims
• Relief not pleaded
• Civil-appeal

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salehe surur vs tanzania scouts association 2020 tzhclandd 123 12 may 2020

Court

TANZLII

The High Court held the appellant’s lease had expired and upheld vacant possession, but set aside arrears of rent because they were not specifically pleaded.

• Lease termination
• Unlawful occupation
• Relief not pleaded
• Counterclaim requirements
• Lease-termination
• Vacant-possession

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