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Citation
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Judgment date
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| November 2019 |
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A CMA award is a nullity if issued against an unincorporated society lacking legal personality.
Trustees' Incorporation Act; Societies Act – registration versus incorporation; legal personality of societies; capacity to sue or be sued; CMA award nullity where issued against unincorporated body; locus standi as a question of law susceptible to appellate review.
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14 November 2019 |
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Procedural defects in seizure and lack of independent witness created reasonable doubt, leading to acquittal.
Criminal law – unlawful possession of government trophies – requirement of DPP's consent/certificate for economic offences – admissibility and timing of cautioned statements – search and seizure procedure – necessity and signature of independent civilian witness – procedural defects vitiating prosecution case.
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14 November 2019 |
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Court ordered arrest warrants to bring judgment debtors to show cause for potential civil detention pending execution.
* Execution — mode of execution — arrest and detention of judgment debtor as civil prisoner under Order XXI R28, R35, R36 and R38 of the Civil Procedure Code; requirement to show cause; substituted service and ex parte proceedings.
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14 November 2019 |
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Court acquitted the accused due to prolonged delay and prosecution's inability to produce necessary witnesses.
Criminal procedure — Adjournment — Failure of prosecution to produce witnesses; Court control of proceedings (s.264 CPA); Inherent powers to dismiss charges and acquit; Prolonged delay and custody; Authorities: Abdallah Kondo v Republic; R v Deeman Chrispin.
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13 November 2019 |
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High Court declined leave to appeal, finding itself functus officio and dismissing the application with costs.
Civil procedure – leave to appeal – competency of application where same relief previously dismissed – functus officio – Rule 45(b) Tanzania Court of Appeal Rules – wrong citation of impugned order – suo motu leave – costs.
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12 November 2019 |
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Court set aside dismissal for want of prosecution due to court reassignment and clerical misdirection, finding sufficient cause.
Civil procedure – setting aside dismissal for want of prosecution – Order IX Rule 4 – sufficient cause – intervening cause – reassignment of trial judge and clerical misdirection – authorities: Eksteen; Shanti v Shindocha.
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12 November 2019 |
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High Court nullified lower courts' proceedings after Primary Court improperly awarded costs in a criminal matter.
* Criminal procedure – illegality of awarding costs in criminal proceedings; * Appellate/supervisory jurisdiction – District Court’s duty to note and correct subordinate court irregularities; * High Court revisional powers – exercise under CPA ss. 372–373 and MCA ss. 30(1)(b), 44; * Proceedings nullity – material irregularities vitiating subordinate courts’ judgments.
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12 November 2019 |
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Bank may recover debts, but seizure without inventory or valuation entitles plaintiff to surplus, interest, damages and costs.
* Banking law – loan facility – default defined by written agreement – borrower’s admission of arrears establishes default. * Loan recovery – lender’s right to recover loans but recovery must be proportionate to indebtedness. * Notice – statutory notice required for mortgage sales only; absence of contractual notice provision does not automatically render seizure unlawful. * Evidence – seizure requires inventory and valuation; failure to produce inventory or proof of sale undermines lender’s claim. * Remedies – borrower entitled to surplus value where goods seized exceed indebtedness; award of interest, general damages and costs.
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11 November 2019 |
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Application for extension to set aside default judgment dismissed as court lacked jurisdiction after prior time-bar dismissal.
Limitation law; jurisdiction to entertain applications after prior dismissal on limitation grounds; setting aside default judgment; section 14(1) Law of Limitation Act; res judicata/functus officio; Hashim Madongo v Minister; Tanzania Fertilizers distinction.
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8 November 2019 |
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An out-of-time appeal filed without seeking extension of time is struck out; extension requires sufficient cause.
Limitation of actions – Appeal time limits – Extension of time under s.14(1) Law of Limitation Act – Requirement of sufficient cause – Preliminary objection heard ex parte – Appeal struck out with costs.
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8 November 2019 |
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Extension of time granted where delay resulted from court/registry administrative failures and applicant exercised due diligence.
* Civil procedure — Extension of time — Exercise of judicial discretion — ‘‘Sufficient cause’’ standard; administrative delay by court/registry may justify extension if applicant shows diligence.
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8 November 2019 |
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Leave granted to appeal on points of law about limitation and rectification of the Land Register as preliminary issues.
Land law – Leave to appeal – Whether issues on limitation and rectification of Land Register raise points of law fit for Court of Appeal; Limitation – when time begins to run in rectification proceedings; Preliminary issues – whether limitation objections may be decided preliminarily.
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8 November 2019 |
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Leave to appeal granted on whether limitation for land‑register rectification starts to run and whether limitation can be decided preliminarily.
Land law – leave to appeal under section 47(1) LDCA; Limitation – when time begins to run for rectification of the Land Register (Land Registration Act); Procedural law – competency of deciding limitation as a preliminary point; Appellate jurisdiction – questions of law fit for Court of Appeal determination.
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8 November 2019 |
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An appeal by the respondent (DPP) against an acquittal is time-barred if notice or petition are not filed within section 379 CPA limits.
* Criminal procedure – Appeals by the Director of Public Prosecutions – Time limits under section 379(1) CPA – notice of intention to appeal (30 days) and petition of appeal (45 days).
* Validity of notice of appeal – notice addressed to wrongly described or non-existent subordinate court is invalid.
* Computation of time – exclusion of period spent obtaining certified copies of proceedings/judgment when computing the 45-day period.
* Jurisdiction – High Court lacks jurisdiction to entertain an appeal filed outside statutory time limits; consequence is quashing of proceedings, conviction and sentence.
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8 November 2019 |
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An application that fails to state the enabling law is incompetent and will be struck out, with liberty to refile subject to time limits.
Civil procedure – Competence of application – Necessity to state the enabling law or provision – Failure to state law renders application incompetent and liable to be struck out; concession by counsel fatal to competence; discretion on costs exercised to make no order; liberty to re-file subject to time limitation.
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7 November 2019 |
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Respondent breached a sale agreement by failing to pay USD 100,725.20; applicant awarded principal, interest and costs.
Sale of goods – formation of contract by conduct, purchase orders and proforma invoice – outstanding price for delivered goods – breach for non-payment – entitlement to principal, accrued interest and commercial interest – reconciliation correspondence and admissions as evidence.
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7 November 2019 |
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Night-time visual identification and absent key witnesses rendered the prosecution case unsafe; convictions quashed.
* Criminal law – Evidence – Visual identification at night – witnesses must describe conditions, source and intensity of light to permit safe identification.
* Evidence – Prosecution should call and tender key exhibits and eyewitnesses (vehicle, driver, injured/assaulted victims) to establish offence facts.
* Criminal procedure – Identification parade records (PF 186) and cautioned statement timing impact safety of conviction.
* Appeal – Conviction unsafe where prosecution fails to prove case beyond reasonable doubt due to evidentiary deficiencies.
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7 November 2019 |
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Application to withdraw granted to determine ex parte decree status; applicant ordered to pay costs despite prior legal aid.
Civil procedure – withdrawal of application – leave to withdraw to ascertain legal status of ex parte decree; Legal aid – scope and effect – whether legal aid in main suit waives costs in subsequent separate applications; Costs – when costs may be awarded despite legal aid in related proceedings.
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6 November 2019 |
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Appeal allowed because failure to prove chain of custody of exhibits undermined conviction.
Criminal law — evidence — chain of custody — physical exhibits must have a clear trail from seizure to production; cautioned statements admissible if not objected to; minor date discrepancies not necessarily fatal; identification of exhibits by eyewitnesses helpful but omission not always fatal.
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4 November 2019 |
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Appeal allowed because prosecution failed to establish chain of custody for physical exhibits, rendering conviction unsafe.
* Criminal procedure – Evidence – Chain of custody: necessity of documenting seizure, custody, transfer and disposition of physical exhibits to ensure integrity. * Criminal procedure – Evidence – Admissibility of cautioned statements: failure to object at trial constitutes acceptance. * Evidence – Witness discrepancies as to dates: minor date inconsistencies not necessarily fatal if they do not go to the root of the case. * Evidence – Identification of exhibits: lack of formal in-court identification may not be fatal where witnesses testified to possession at arrest.
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4 November 2019 |
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Failure to evaluate the appellant's alibi rendered the conviction unsafe; conviction quashed and sentence set aside.
* Criminal law – Alibi – duty of trial court to consider and evaluate alibi evidence; requirements under section 194 Criminal Procedure Act. * Criminal procedure – Judgment writing – necessity to evaluate and give reasons for acceptance or rejection of defence evidence. * Identification – reliability of identification at night by torchlight (raised but not determined due to procedural defect). * Retrial – principles governing when retrial should be ordered (Fatehali Manji).
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4 November 2019 |
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An omnibus chamber summons joining distinct prayers is incompetent and will be struck out with costs.
Civil procedure – Chamber summons – Omnibus application – Joining distinct prayers in one chamber summons is impermissible; such applications are incompetent and liable to be struck out; verification defects also challenge affidavit validity.
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1 November 2019 |
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Leave to appeal under section 47(1) granted concerning the legal effect of misjoinder/non‑joinder; no orders as to costs.
* Land law – Appeals – Requirement of leave to appeal under section 47(1) of the Land Disputes Courts Act.
* Civil procedure – Misjoinder/non‑joinder of parties – legal effect (dismissal, allow appeal, quash proceedings and order retrial).
* Procedure – Court raising issues suo motu and giving parties opportunity to be heard.
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1 November 2019 |
| October 2019 |
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Arbitration referral application rendered moot after auction and certificate of sale; preliminary objections partly upheld.
Arbitration — Referral to arbitration — Jurisdiction and omission to cite enabling law — Overriding-objective/cure of procedural irregularities; Corporate actions during receivership — authority of director and locus standi; Interim preservation orders — overtaken by events where auction concluded and certificate of sale issued.
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31 October 2019 |
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A preservation order pending arbitration is moot once a valid auction concludes and a certificate of sale is issued.
* Arbitration – referral to arbitration – preservation of subject matter pending arbitration – effect of post-filing auction and certificate of sale rendering relief moot. * Civil procedure – overriding-objective; omission to cite enabling provision not fatal where jurisdiction exists. * Companies/Receivership – capacity of company under receivership to sue; authority and locus standi of statutory director/majority shareholder.
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31 October 2019 |
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Plaintiff, as estate administrator, entitled to declaration of ownership and perpetual injunction after defendant's unlawful eviction attempt.
* Land law – ownership – administrator of deceased estate – presumption of ownership where administrator holds title documents.
* Equity and remedies – perpetual injunction to protect possession from unlawful eviction attempts by third parties.
* Civil procedure – failure to prosecute/defend and counsel withdrawal – effect on merits and reliefs.
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31 October 2019 |
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Applicant granted extension under s.14(1) Law of Limitation Act to file reply; must file within 14 days.
Civil procedure — Extension of time — Section 14(1) Law of Limitation Act — "sufficient cause" — discretionary relief — right to be heard — overriding objective under Article 107A(e) — costs: each party to bear own.
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31 October 2019 |
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Court granted extension of time to file reply, finding applicants showed sufficient cause and emphasizing right to be heard.
* Civil procedure – Extension of time – Section 14(1) Law of Limitation Act – discretionary power of court – "sufficient cause" to be assessed by reference to all circumstances.
* Procedural fairness – right to be heard and overriding constitutional objective (Article 107A(e)) – justice not to be defeated by technicalities.
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31 October 2019 |
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A valid DPP certificate under section 36(2) of the Act bars bail; the court may only test the certificate's validity.
* Criminal procedure – Bail – DPP's certificate under section 36(2) EOCCA – validity test: written; asserts prejudice to safety/interests of the Republic; relates to the pending criminal case – effect: court may only assess validity, not grant bail if valid.
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31 October 2019 |
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Failure to obtain assessors' opinions before judgment nullifies tribunal proceedings and mandates retrial.
Land disputes — Composition of District Land and Housing Tribunal — Mandatory role of assessors — Requirement to invite and record assessors' opinions before judgment (s.23(2) Land Disputes Courts Act; Reg.19(2) Regulations) — Failure to obtain opinions is incurable and vitiates proceedings; retrial ordered.
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31 October 2019 |
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High Court granted bail pending trial where alleged government trophies exceed Tshs.10,000,000, subject to statutory securities and conditions.
* Criminal procedure – Bail pending trial – Economic and Organized Crime Control Act – jurisdiction of High Court where value of alleged government trophies exceeds Tshs.10,000,000/= – sections 29(4)(d) and 36(1).
* Bail conditions – Sections 36(5) and (6) EOCCA – cash bond or title deed equal to half value and promissory bond by surety.
* Wildlife/trophies offences – security and travel document surrender as conditions for bail.
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31 October 2019 |
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Unreliable visual identification precludes armed robbery conviction; recent unexplained possession supports receiving stolen property conviction.
* Criminal law – Armed robbery – Necessity of reliable visual identification to convict for identity-dependent violent offences.
* Evidence – Recent possession of stolen property – inference supports conviction for receiving/being in possession of stolen property (s.313) but does not substitute for proof of participation in robbery.
* Criminal procedure – Substitution of conviction to lesser proved offence and variation of sentence.
* Mob arrest/false implication – mere apprehension by a mob without corroborative evidence does not justify conviction for robbery.
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31 October 2019 |
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Where the DPP files a valid s.36(2) certificate, the court tests the certificate’s validity and will not grant bail.
* Criminal procedure – bail – effect of DPP's certificate under s.36(2) EOCCA – court to test validity, not entertain bail on merits; validity test: writing, prejudice to safety/interests of the Republic, and relation to a pending criminal case. * "Pending" includes cases at subordinate court awaiting committal.
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31 October 2019 |
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A court lacks jurisdiction to entertain a party’s direct request for legal opinion on an arbitration issue; only the arbitrator may state a special case.
* Arbitration law – sections 11(b) and 12(3) – only arbitrator may state a special case for the High Court’s opinion; parties cannot directly seek such opinion.
* Jurisdiction – High Court lacks jurisdiction to entertain parties’ petition under Arbitration Act/Rules where no special case is stated by arbitrator.
* Arbitration procedure – issues already reserved to arbitrator (to be included in final award) are not proper for court determination.
* Inherent jurisdiction – limited by specific statutory arbitration procedure.
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31 October 2019 |
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Ex‑parte judgment for bank enforcing an unsecured staff loan; principal, interest, reduced general damages and costs awarded.
* Contract/Loans – existence and enforcement of unsecured staff loan – loan application, offer letter and statements as evidence.
* Evidence – ex parte proof where defendant not served; documentary evidence accepted.
* Remedies – assessment and reduction of claimed general damages; award of commercial and court interest and costs.
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31 October 2019 |
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Withholding costs requires written reasons under section 30(2); absence of reasons justifies awarding costs on appeal.
Civil procedure — Costs — Judicial discretion to award or withhold costs — Section 30(1) & (2) Civil Procedure Code — Mandatory requirement to state written reasons when costs are withheld — Failure to give reasons renders discretion unjudicious — Appeal allowed and costs awarded.
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31 October 2019 |
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Revision was incompetent where an appeal was the proper remedy; application dismissed with costs.
Civil procedure – Revision – Competency of revision where right of appeal exists – limine litis – Magistrates Courts Act s25(1)(b); Costs – general rule awarding costs to successful litigant – waiver requires sufficient reasons.
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30 October 2019 |
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Corporate veil lifted; defendant personally liable to repay TZS 120 million after auction nullification.
Auction nullification; entitlement to restitution of purchase price; lifting corporate veil for fraud and improper conduct; judgment on admission; failure to prove special/punitive damages.
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30 October 2019 |
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Lack of diligence and no apparent illegality preclude extension of time to appeal; application dismissed.
Extension of time — sufficiency of reasons; duty to account for each day of delay; negligence/lack of diligence; illegality must be apparent on face of record; judgment entered on admission; extension refused.
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30 October 2019 |
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Extension of time denied where applicant failed to account for delay and alleged illegality was not apparent on the record.
• Civil procedure — extension of time to appeal — requirement of sufficient reasons and due diligence
• Limitation law — applicant must account for each day of delay
• Illegality — ground for extension only if apparent on the face of the record
• Judgment on admission — weakens claim of illegality not apparent from record
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30 October 2019 |
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Revision dismissed as incompetent where an appeal was the proper remedy; costs awarded to the respondent.
Revision v. appeal — competence of revision where statutory right of appeal exists; Magistrates Courts Act s.25(1)(b); preliminary objection; costs — discretion to waive costs and requirement for concrete reasons.
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30 October 2019 |
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Plaintiff lacked the specific power of attorney to sue; suit struck out for incompetence.
* Civil procedure – Locus standi – Requirement of a special power of attorney under Order 3 Rule 2(a) CPC – Strict construction of powers of attorney.
* Civil procedure – Res sub judice – Section 8 CPC – effect of pending related proceedings.
* Relief – Suit struck out for incompetence where plaintiff lacked authority to institute proceedings.
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29 October 2019 |
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Landlord breach (withholding title, failing to appoint valuer) made eviction unlawful; plaintiff awarded partial refund, damages and costs.
* Lease law – interpretation of express terms: development period, valuer appointment, cost cap, rent commencement and recovery of development costs from rent. * Landlord obligations – duty to provide title and appoint contractual valuer. * Breach and unlawful eviction – delay and failures by landlord rendered eviction unlawful. * Remedial calculation – set‑off of recoverable development expenditure against rent due; mitigation by environmental illegality of part of development. * Environmental law – construction prohibited within riverbank buffer limits affecting recoverability of development costs.
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29 October 2019 |
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29 October 2019 |
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Summary judgment granted where defendants failed to prosecute leave to defend; plaintiff awarded US$72,528, interest and costs.
Summary suit — Order XXXV (summary procedure) — leave to defend dismissed for want of prosecution — documentary proof of debt — summary judgment for principal sum, interest and costs.
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29 October 2019 |
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Extension of time granted where delay resulted from the trial court’s failure to supply judgment copies, not applicant’s negligence.
* Limitation of actions – Extension of time under s.14(1) Law of Limitation Act – Failure of trial court to supply copies of judgment as sufficient cause to enlarge time. * Civil procedure – discretionary grant of extension – need for explanation where applicant delays – authorities applied: Tanzania Sewing Machine Co.; Kalunga & Co.; Osward Masatu Mwizarubi factors.
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29 October 2019 |
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Delay in filing appeal caused by court's failure to supply judgment copies justified extension of time and costs.
* Civil procedure – Extension of time – delay caused by trial court's failure to supply copies of judgment – sufficient ground for enlargement of time.
* Limitation law – section 14(1) Law of Limitation Act – exercise of judicial discretion.
* Requirement to account for delay – when court omission excuses applicant's failure to file timely appeal.
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29 October 2019 |
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Court refused substantive amendment to plaint, struck out suit and allowed filing of a fresh suit.
Civil Procedure – Amendment of pleadings – Order VI r.17 – amendment that alters subject matter or expands claim not permitted; Striking out suit – Order XXIII r.2(b) – liberty to institute fresh suit; Parties bound by their pleadings.
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29 October 2019 |
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Court refused substantive amendment that altered the claim and struck out suit with liberty to file a fresh action.
Civil procedure — Amendment of pleadings (Order VI r.17) — Amendment that alters the root of the claim — Where substantive change sought, fresh suit recommended — Strike out with liberty to institute fresh proceedings (Order XXIII r.2(b)).
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29 October 2019 |
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Breach of refurbishment contract: specific damages unproven; applicant awarded USD 100,000 general damages and costs.
Contract law – formation and terms – breach of refurbishment and supervision contract; Evidence – burden of proof for specific damages; failure to call material witnesses – adverse inference; Damages – specific damages must be strictly proved; general damages awarded where loss shown but specific quantification lacking.
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29 October 2019 |