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68 judgments found.
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November 2025
Court registered parties' Deed of Settlement as consent judgment ordering TZS 419,000,000 paid in three instalments and marking the suit settled.
Civil procedure — Consent judgment
— enforcement of instalment and acceleration clauses
— Registration and adoption of a negotiated Deed of Settlement under Order XXIII Rule 3 CPC
— withdrawal of claims and costs agreement
27 November 2025
August 2023
Court granted extension to file defence where directors’ absence and need to secure counsel constituted good cause.
Civil procedure
— corporate governance (quorum/board resolution) and securing legal representation can constitute good cause. Right to legal representation — legitimate ground for short delay. Consideration of prejudice to respondent when granting condonation
— Good cause — need to account for delay
Commercial law — Commercial procedure rule 20(2) — extension of time to file written statement of defence
28 August 2023
A lawful settlement filed under Order XXIII Rule 3 must be recorded and forms the court’s decree, terminating the suit.
Civil procedure
— Consent Decree — Lawful deed of settlement filed in court becomes the court's decree and disposes of the suit
— Order XXIII — Recording of lawful settlements — Court's duty to record and pass decree in terms of compromise
25 August 2023
August 2019
Court allowed late filing of additional documents but limited it to one week before the 14‑day witness‑statement deadline.
Commercial law — Commercial procedure — Pre‑Trial and disclosure — Leave to file additional list of documents after First Pre‑Trial Conference
7 August 2019
2 August 2019
The respondent failed to prove contractual interest charges; the applicant repaid principal and titles must be released.
Commercial law — Loans and overdraft — Interest calculation and contractual terms
1 August 2019
May 2019
A preliminary objection founded on a repealed rule cannot be upheld; objection dismissed with costs.
Civil procedure
— Pleadings — Wrong titling
— preliminary objection — objection based on repealed or non-existent statutory provision
17 May 2019
February 2019
Court ordered Tshs. 10,000,000 security for costs, excluding unquantified general damages from fee calculations.
Civil procedure — security for costs
Legal profession — Advocates’ fees
— Computation on liquidated principal only
— unquantified general damages excluded from fee base. Burden on applicant to show sufficient cause
— unsupported assertions of complexity insufficient to increase security
15 February 2019
Court found a purported land transfer fraudulent, ordered rectification, and held the property not liable to execution.
Civil procedure — Execution
— Attachment not permissible where transfer is unproved/fraudulent
— Fraudulent collection/registration of certificate of title
— Objection to attachment
— Rectification of land register and cancellation of improperly issued title
14 February 2019
Failure to annex the original or a certified true copy of the arbitration submission renders the applicant's stay petition incompetent.
Arbitration — Arbitration procedure — Requirement to annex the original submission or a certified true copy to a petition under Rule 8, G.N
Civil procedure — Stay of proceedings — stay pending arbitration — Arbitration Act s.6 (proof of written submission required)
No. 427 of 1957 — Non‑compliance renders petition incompetent
14 February 2019
September 2018
Extension application struck out because the affidavit was sworn without authority to represent co‑applicants.
Civil procedure — Competence of application — affidavit deposed by one applicant purportedly on behalf of co-applicants without proof of authority
— lack of locus standi renders application incompetent
— Review versus Rule 75 considerations
25 September 2018
October 2017
Applicant failed to prove respondent possessed the documents; discovery refused and Halliday report deemed irrelevant.
Banking law — Custody of documents — Certified copy indicating advocate’s possession undermines claim of bank custody
Civil procedure — Discovery — Relevance and possession required for production — Order XI Rule 10
Evidence — Documentary evidence — relevance — Post‑contract report not shown to be necessary
27 October 2017
September 2017
Court extended time to file reference where applicants alleged illegality (being condemned unheard) in taxation proceedings.
Commercial law — taxation — Extension of time to file reference against Taxing Master's decision — Allegation of being condemned unheard and service of notice of hearing — Advocates' Remuneration and Taxation of Costs Rules r 6(1), r 9(1)
27 September 2017
Court granted a 10‑day extension to file objections to a Taxing Officer’s award because alleged illegality warranted extension.
Civil procedure
— Delay and diligence — unexplained delay relevant but may be outweighed by pleaded illegality
— extension of time — exercise of discretion
Legal profession — Advocates' remuneration and taxation of costs rules (gn 515 of 1991) — procedure for objections to Taxing Officer and court's power to extend time
26 September 2017
May 2017
Instruction fees and several allowances were reduced; total bill taxed at Tshs.9,002,200 and remainder disallowed.
Civil procedure — Costs — Taxation of bill of costs — Instruction fees — Application of Advocate Remuneration Order, 2015 (Eleventh Schedule) — Reasonableness and evidence for travel, taxi and meal/accommodation allowances — Disbursements supported by ERV receipts allowed
15 May 2017
April 2017
Taxing officer consolidated two bills, allowed 3% instruction fee for the main suit, reduced application fee, and disallowed duplicative attendance charges.
Legal profession — Advocate remuneration order, 2015
— instruction fees (3% for contentious claims; fixed allowance for applications)
— taxation of costs
Legal profession — attendance/appearance fees — prevention of duplicative charging where same attendance covers multiple matters
Legal profession — disbursements
— requirement of ERV receipts
— taxing officer’s discretion
27 April 2017
December 2016
Applicants were added as defendants because resolving their alleged contractual breaches was necessary to determine the insurer’s liability.
Civil procedure — Joinder of necessary parties — Impleading necessary and proper parties — Court’s discretion to add or strike out parties
Commercial law — demand guarantees (payment bonds on demand) — Insurer’s liability contingent on breach of primary contract — Necessity to join principals/contractors
23 December 2016
A Court cannot vacate its Order XXIII Rule 1(3) withdrawal; the proper remedy for alleged error is appeal, revision or review.
Civil procedure — Order XXIII Rule 1(1),(2) and (3) — Withdrawal of suit — Withdrawal with liberty to institute fresh suit requires satisfaction of Rule 1(2) conditions
— remedy is appeal/revision/review
— Withdrawal without permission
15 December 2016
November 2015
Court found plaintiff directly appointed tax consultant and awarded USD 139,240 plus interest and costs.
Contract law
— Contract formation — appointment of tax consultant evidenced by conduct and appointment letter — Evidence Act s 110
— Quantum of fees — entitlement to percentage-based fee for tax savings despite no formal written fee agreement — Law of Contract Act s 70
Evidence — Evaluation of oral and documentary evidence — Weight of introduction letter and conduct in proving contractual relationship
19 November 2015
October 2015
Borrowers remained in default; bank entitled to contractual interest and recovery; plaintiffs’ claim dismissed, counterclaim granted.
Contract law — Bank and security — loan and overdraft facilities
— borrower’s payment of principal does not extinguish accrued interest
— conditional rescheduling/waiver not effective absent compliance
— contractual penal interest and acceleration clause on default
— counterclaim for outstanding indebtedness upheld
23 October 2015
September 2015
A preliminary objection cannot be lawfully filed to preempt another preliminary objection; such filings are struck out with costs.
Civil procedure — Preliminary objections — Whether one preliminary objection may be filed against another
— attempt to preempt a preliminary objection struck out with costs
— Practice prohibited
16 September 2015
February 2015
Respondent bank liable for unauthorized withdrawals; applicant awarded principal, general damages, interest and costs.
Banking law — unauthorized debits from customer account
— burden shifts to bank to explain withdrawals when account holder denies authorization
— Duty of bank to safeguard customer funds
— Ex parte hearing valid where respondent had notice but did not appear
— Interest and costs awards
20 February 2015
An application for extension filed under the wrong procedural provision was struck out as incompetent.
Commercial law — Commercial procedure
— Civil Procedure Code applies only where lacuna exists
— extension of time to file WSD
— preliminary objection on pure law should have reasonable notice
— wrong or non-citation of enabling provision is incurably fatal
19 February 2015
19 February 2015
Application to extend time to file defence under wrong procedural provision is incompetent and struck out.
Commercial law — Commercial procedure — Extension of time to file Written Statement of Defence — High Court
19 February 2015
January 2015
Appeal dismissed as time‑barred; extension of time must be sought by application under the Limitation Act.
Civil procedure — Appeal
— dismissal
— Procedural requirement
Civil procedure — Appeals — Time limitation
Limitation law — Limitation
— Enlargement of time
— Exclusion of time for obtaining copies of judgment/decree
15 January 2015
December 2014
Application to set aside dismissal denied for inadequate explanation, failure to file skeletons, and informal notice to clerks.
Civil procedure
— Affidavits — filing of supplementary affidavit requires leave of the Court — Expunging late affidavit
— service/notice — Informal notification to court clerks insufficient as formal notice
— setting aside dismissal for want of prosecution — Sufficiency of reasons for non-appearance
18 December 2014
11 December 2014
Serving a plaint different from the court record justified striking out the plaint and awarding costs to the defendant.
Civil procedure
— Order 6 r.16 CPC — striking out pleadings that prejudice, embarrass or delay a fair trial
— Rule 24 High Court (Commercial Division) Procedure Rules
— costs against negligent counsel
— leave to amend
8 December 2014
November 2014
28 November 2014
28 November 2014
28 November 2014
Court struck out defendant's witness statement for non‑attendance absent exceptional, evidentially supported reasons.
Civil procedure
— adjournment — sufficient cause and circumstances beyond control — Requirement of evidential proof
— Trial procedure — Witness statements as mode of evidence — Striking out witness statement
24 November 2014
September 2014
Variation claims failed; plaintiff entitled to retention only after remedying defects or funding repairs.
Contract law
— Construction — Defects and defect-liability period — Provisional acceptance does not negate obligation to remedy defects
— construction contracts — Variations — Employer approval and valuation required
— Payments and retention — Withholding final retention justified until notified defects are remedied
26 September 2014
August 2014
Purchaser's non-payment of the final instalment did not justify defendants' unilateral takeover; court rescinded contract and ordered refund with interest.
Contract law
— Fraud — requirement of active concealment with intent and burden of proof
— Remedies — rescission, repayment, interest and costs
— Share Acquisition Agreement — contractual default remedies
— Specific performance and rescission — where contract prescribes remedy and breach by seller of management transfer obligations
22 August 2014
Application to amend witness statements dismissed; witness statements under Commercial Rules are evidence, not pleadings, and cannot be amended.
Civil procedure
— application to amend witness statements — distinction between pleadings and evidence under High Court
— Order XIII civil procedure code — production of documents and Lists of Additional Documents at first hearing. Witness statements under Commercial Rules are evidence, not pleadings or affidavits, and do not become part of the record until the witness testifies
19 August 2014
June 2014
26 June 2014
April 2014
Failure to state when the cause of action arose is fatal; plaint struck out, amendment refused.
Civil procedure
— Pleadings — cause of action — Mandatory nature and effect of non‑compliance
— adequacy of plaint’s paragraph disclosing jurisdiction and value — Jurisdiction and court fees
— amendment of pleadings — unauthorized amendment cannot cure jurisdictional/mandatory procedural defects — Amendment refused where it defeats objection's purpose
14 April 2014
October 2013
Failure to state the claim’s pecuniary value is a mandatory defect that renders a plaint fatally defective and liable to be struck out.
Commercial law
— Commercial procedure — Order VII Rule 1(i) CPC — Mandatory requirement to state value of subject matter — Pecuniary jurisdiction and court fees
— plaint struck out — Amendment and topping up fees not proper remedy in preliminary objection context
25 October 2013
Omission to state the claim’s value is a fatal defect; plaint struck out for violating Order VII Rule 1(i).
Civil procedure — Order VII Rule 1(i) CPC — mandatory requirement to state value of subject matter for jurisdiction and court fees
— amendment
— failure fatal
— striking out plaint
— underassessment of court fees administrative
25 October 2013
Application for interim injunction struck out for relying on inapplicable statutory provisions despite court's residual power to grant relief.
Civil procedure — interlocutory relief
— applicability of Order XXXVII Rule 1 to post-execution injunctions
— High Court’s power
— wrong or incomplete citation of statutory provision
25 October 2013
Failure to state claim value in plaint is mandatory defect that attracts striking out and costs.
Civil procedure — Order VII r.1(i)
— amendment not available once plaint defective in this mandatory particular
— mandatory requirement to state value of subject‑matter in plaint
— omission fatal and plaint struck out
25 October 2013
Supplier entitled to unpaid fuel price; invoices and regulated pump prices determine price; special damages unproven.
Contract law — Sale of goods — price determination
— admissibility and weight of invoices, delivery cards and cheque deposit slip
— adverse inference where party fails to call material witness
— pump/invoice prices as course of dealing
— special damages
— uncertainty of price not fatal where regulated prices apply
22 October 2013
August 2013
Director’s unilateral refusal to register agreed land transfer breached company interests; exemplary damages, interest and costs awarded.
Company law — enforceability of board resolutions and transfer deeds
— entitlement to exemplary damages and interest at court rate
— fraud burden on alleging party
— land contributed as share consideration
— unilateral rescission by a director prejudicial to company interests
23 August 2013
The company was prejudiced by directors' refusal to register land transfer; exemplary damages, interest and costs awarded.
Company law
— Share certificates — issuance governed by company articles and directors’ authority
— enforceability of board resolutions and transfer deeds — land contributed as share consideration — Issuance and registration of share certificates
Damages — Punitive/exemplary damages — Whether punitive damages were made out
— Strict proof required for special damages
— pleading requirements
23 August 2013
March 2013
The applicant may recover money mistakenly credited to the respondents' account where respondents acted in bad faith.
Banking law — payment by mistake of fact
— duty of customer to notify bank of unexpected/forged credits
— good faith defence and evidential burden (SWIFT/transfer proof)
— recovery of money paid by mistake
— unjust enrichment and restitution
21 March 2013
Court orders 10% cash security for costs from non-resident respondent lacking immovable Tanzanian property.
Civil procedure — Order XXV R.1 CPC — Security for costs — Non-resident plaintiff lacking immovable property
— cash as acceptable security
— Discretionary remedy in exceptional circumstances
— quantum of security
19 March 2013
September 2012
Plaintiff failed to prove an alleged oral TZS 45,000,000 loan; suit dismissed, no costs.
Civil procedure — Contract — oral loan claim — proof on balance of probabilities
Civil procedure — Evidence
— Demand notice not proved served
— dishonoured cheque insufficient to establish contract
Civil procedure — ex parte proof
28 September 2012
Applicant failed to prove an oral loan; dishonoured cheque and unserved demand notice were insufficient evidence.
Commercial law — Bills of Exchange Act — Dishonour and demand — Requirement to prove service of demand notice under the Bills of Exchange Act
Contract law — Contract formation — requirement of evidence as to terms and parties — Corroboration and requirement to produce witnesses or documents
Evidence — Inferences — Section 122 Tanzania Evidence Act — Limits on inferring contract existence from a dishonoured cheque alone
20 September 2012
April 2012
The first plaintiff lacked locus and was struck out for misjoinder; the second plaintiff’s claim proceeds.
Civil procedure — Locus standi
27 April 2012