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Tanzania decisions
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The High Court granted a temporary injunction preserving disputed estate property pending trial, finding serious issues about service, probate revocation, and estate administration.
The High Court allowed a civil appeal, quashed damages awarded for destroyed mango trees, and held the respondent had not proved the claim to the required standard.
The High Court set aside a court-ordered auction sale of the appellant’s land, finding material irregularities in execution, including lack of valuation and sale below market value.
The application for stay of execution is granted because the applicant filed within the prescribed time, demonstrated substantial loss if not granted, and expressed willingness to furnish security. There is no sufficient reason to waive the requirement for security, and the value of the property must be determined by valuation.
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The plaintiffs failed to provide any current professional valuation or evidence to substantiate claims of underpricing or procedural irregularity in the auction. The court found that the auction and sale procedures were properly followed and the burden of proof was not discharged by the plaintiffs.
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The objection is based on a factual dispute regarding the validity of the valuation report, not a pure point of law, and therefore does not qualify as a preliminary objection. The objection is overruled with costs.
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The Second Plaintiff defaulted on the loan; statutory notice of default was properly served; the auction was lawfully conducted by tender after proper advertisement; and the property was sold at market value as per the latest available valuation report. Plaintiffs failed to discharge the burden of proof that the property was sold below market value or that the sale was unlawful.
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The High Court struck out a land suit for want of pecuniary jurisdiction, holding the disputed property value fell below the statutory threshold.
A family cattle dispute was partly allowed on appeal, with the High Court finding the appellant proved ownership of cattle but not the bicycle claim.
The prosecution proved beyond reasonable doubt that the appellants maliciously damaged the complainant's crops by grazing cattle in the farm on two consecutive days, and the evidence was consistent, corroborated, and not hearsay. The agricultural officer was competent to assess crop damage for the purposes of the offence. The defence did not raise reasonable doubt.
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