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Civil procedure solomoni njiku as administrator of the estate of the late limu duhia vs salum mtinda and 12 others 2022 tzhc 15071 13 december 2022

solomoni njiku as administrator of the estate of the late limu duhia vs salum mtinda and 12 others 2022 tzhc 15071 13 december 2022

Court
TZHC

The plaintiff failed to prove, on a balance of probabilities, that he was duly appointed as administrator of the estate of the late Limu Duhia, as the purported Letters of Administration were not genuine and the mandatory legal procedures for appointment were not followed. Consequently, the plaintiff lacked locus standi to bring the suit.

Source excerpt

  • Locus standi
  • Letters of administration
  • Ownership of land
  • Secondary evidence
  • Probate procedure
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Insurance law bumaco insurance company ltd vs immaculata daudi 2 others 2022 tzhc 14552 11 november 2022

bumaco insurance company ltd vs immaculata daudi 2 others 2022 tzhc 14552 11 november 2022

Court
TZHC

The trial court erred in admitting the certified copy (secondary evidence) of the insurance cover note without compliance with section 67 of the Evidence Act. Without admissible evidence of the insurance contract, the link between the appellant and the 2nd respondent was broken, rendering the trial court's judgment unsustainable.

Source excerpt

  • Admissibility of evidence
  • Secondary evidence
  • Insurance contract
  • Vicarious liability
  • General damages
  • Service of summons
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Land law matilda matigana vs peter kiula and 3 others 2021 tzhclandd 768 23 october 2021

matilda matigana vs peter kiula and 3 others 2021 tzhclandd 768 23 october 2021

Court
TANZLII

The appeal was dismissed because the appellant failed to prove ownership of the disputed land on a balance of probabilities, did not properly admit secondary evidence, and the Tribunal was justified in relying on the respondents' admitted documents. The Chairman was not bound by the assessors' opinion and gave reasons for departing from it.

Source excerpt

  • Ownership of land
  • Admissibility of evidence
  • Secondary evidence
  • Assessment of witness credibility
  • Binding nature of assessors' opinions
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Commercial law afrisa consulting limited vs alvic builders tanzania limited 2021 tzhccomd 3324 1 september 2021

afrisa consulting limited vs alvic builders tanzania limited 2021 tzhccomd 3324 1 september 2021

Court
TZHCCOMD

The court held that failure to pay stamp duty does not automatically render a document inadmissible, and improper execution under section 39 of the Companies Act was not established. However, the plaintiff failed to meet the requirements for admission of secondary evidence under section 67 of the TEA, making the photocopy inadmissible.

Source excerpt

  • Admissibility of evidence
  • Stamp duty compliance
  • Execution of company documents
  • Secondary evidence
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Banking law daniel apael urio vs exim t bank 2020 tzca 163 26 march 2020

daniel apael urio vs exim t bank 2020 tzca 163 26 march 2020

Court
TZCA

The Court of Appeal of Tanzania dismissed an appeal over a disputed fixed deposit agreement, holding that the appellant failed to prove the claim on balance of probabilities.

  • Fixed deposit agreements
  • Burden of proof
  • Admissibility of evidence
  • Secondary evidence
  • Balance of probabilities
  • Evidence-law
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Contract law 20181219 TZHC Mwanza2

20181219 TZHC Mwanza2

Court
TZHC

The High Court allowed a civil appeal, finding the trial court wrongly rejected relevant bank statements and misapprehended evidence about unpaid contractual sums.

  • Breach of contract
  • Admissibility of evidence
  • Secondary evidence
  • Banking procedures
  • General damages
  • Breach-of-contract
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Land law 20150429 TZHC Mbeya

20150429 TZHC Mbeya

Court
TZHC

The High Court dismissed a land appeal, upholding findings that the appellant sold the disputed farm and that a photocopy of the sale agreement was admissible.

  • Sale of land
  • Admissibility of evidence
  • Forgery allegations
  • Compensation for crops
  • Secondary evidence
  • Land-law
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Land law wiseman makombe vs waliod matia 2015 tzhc 2260 29 april 2015

wiseman makombe vs waliod matia 2015 tzhc 2260 29 april 2015

Court
TZHC

The High Court of Tanzania at Mbeya dismissed a land appeal, upholding findings that a sale agreement existed and that photocopy evidence was admissible.

  • Sale of land
  • Admissibility of evidence
  • Secondary evidence
  • Forgery allegations
  • Assessment of evidence
  • Land-law
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Civil procedure seif

seif

Court
TANZLII

The trial court failed to determine all framed issues and based its decision on irrelevant issues not arising from pleadings, violating principles of civil procedure and parties' right to be heard. The matter must be remitted for determination of breach and remedies by a different magistrate.

Source excerpt

  • Framing of issues
  • Pleadings
  • Right to be heard
  • Secondary evidence
  • Breach of contract
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.