Burden of Proof
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MARTIN FREDRICK RAJAB VS. ILEMELA MUNICIPAL COUNCIL AND ANOTHER CIVIL APPEAL NO. 197 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-18)i) Parties are bound by their pleadings and can only succeed according to what he has averred in his plaint and proved in evidence; hence he is not allowed to set up a new case. the appellant was required to parade evidence ... -
BULYANHULU GOLD MINES LIMITED VS. PASCHARY ANDREW STANNY CIVIL APPEAL NO. 281 OF 2021.
(THE COURT OF APPEAL OF TANZANIA, SHINYANGA., 2022-07-21)The court was on the view that it is appropriate, to lay ground as for this Court's position generally, on issues of taking evidence from witnesses in all courts. Before taking evidence from a witness in a court of law, ... -
STATE OIL TANZANIA LIMITED VS. EQUITY BANK TANZANIA LIMITED AND ANOTHER CIVIL APPLICATION NO. 426/16 OF 2022
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-11-15)(i) Even if the respondent would have written the letter of reminder to the registrar of the high court within 14 days after expiry of 90 days still, he would not have supplied the requested copy of the proceedings the ... -
LEONARD DOMINIC RUBUYE t/a RUBUYE AGROCHEMICAL SUPPLIES VS. YARA TANZANIA LIMITED CIVIL APPEAL NO. 219 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-07-11)(i). It is a well settled position that the onus of proving existence or non-existence of any fact lies on the party asserting its existence or non-existence and in civil cases proof is at balance of probabilities. (ii) The ... -
BYTRADE TANZANIA LIMITED VS. ASSENGA AGROVET COMPANY LIMITED AND ANOTHER CIVIL APPEAL NO. 64 OF 2018.
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-10-07)(i) The true principle of promissory estoppel is where one party has by his words or conduct made to the other a dear and unequivocal promise which is intended to create legal relations or effect a legal relationship to ... -
LAWRENCE MAGESA t/a JOPEN PHARMACY VS. FATUMA OMARY AND ANOTHER CIVIL APPEAL NO. 333 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-10-05)(i) We wish to preface our discussion by observing that this being a first appeal, we are entitled to review the evidence on record to satisfy ourselves whether the findings by the trial court were correct. This task is ... -
MARY AGNES MPELUMBE V.S SHEKHA NASSER HAMAD CIVIL APPEAL NO. 136 OF 2021
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2021-11-04)(i) We are also guided by the basic rule that he who alleges has the burden of proof as per section 110 of the Evidence Act, Cap. 6 R.E. 2019. (ii) Standard of proof in a civil case is on a preponderance of probabilities, ... -
MILLENIUM COACH LIMITED VS AFRICARRIERS LIMITED.CIVIL APPEAL NO. 323 OF 2019
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-06-24)i)It is trite law that ownership of a commodity bought on hire purchase basis can only pass upon payment of all the installments. ii)It is trite law that, he who alleges the existence of a certain fact is duty bound to ... -
DIRECTOR MOSHI MUNICIPAL COUNCIL VS. JOHN AMBROSE MWASE. CIVIL APPEAL NO. 245 OF 2017
(THE COURT OF APPEAL OF TANZANIA, ARUSHA., 2019-04-10)i)It is a settled law that in civil cases that who alleges must proof which is a basis of Section 110 of the Evidence Act, [Cap 6 R. E 2019]. The Court cited with approval the holding in the case of Anthony M. Masanga V. ...
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