Browsing Burden of Proof by Subject "DAR ES SALAAM."
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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 ... -
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 ... -
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 ... -
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 ...
