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Citation
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Judgment date
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| December 2025 |
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The applicant’s mortgage-backed home loan is enforceable; the respondent’s job loss does not excuse repayment.
Contract law – Home loan Facility Letter and registered mortgage – Default of instalments – Sanctity of contract – Loss of employment not force majeure where contract provides remedy – Recovery of principal and contractual interest – Realization of security under Land Act.
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16 December 2025 |
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Plaintiff failed to prove valuer's breach, negligence, causation or special damages; claim dismissed with costs.
Contract and professional negligence — Valuation services — Requirement for written instructions and expert evidence — Burden of proof and strict proof of special damages — Causation and proof of loss in valuation disputes.
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16 December 2025 |
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Court registered deed of settlement as consent judgment, enforcing instalment payments and execution with interest on default.
Commercial Law – Consent judgment – Registration of deed of settlement as consent judgment – Enforceability of instalment payment schedule – Execution and interest on default – Full and final release of claims – Costs each party.
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10 December 2025 |
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A subrogated insurer’s compensation claim accrues on indemnification and is time-barred after one year under the Limitation Act.
Limitation law – subrogation – compensation claim under Insurance Act – nature of claim determines limitation period – item 1 Part I Schedule Law of Limitation Act (one year) – accrual on indemnification – time-barred claim – dismissal under section 3(1) LLA – jurisdictional consequence of a time-barred suit.
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8 December 2025 |
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Court registers parties’ settlement as consent judgment: TZS 130,000,000 payable in instalments; decree enforceable on default.
Commercial law – Alternative dispute resolution – Deed of Settlement registered as consent judgment under Order XXIII Rule 3 CPC; instalment payment schedule; default enforcement; finality of claims; costs each party bears own.
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3 December 2025 |
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Court registers parties’ settlement as consent judgment ordering defendant to pay TZS 130,000,000 under agreed instalment schedule.
Commercial law – consent judgment – registration of Deed of Settlement under Order XXIII Rule 3 CPC – settlement enforceable as decree on default – payment schedule; court-assisted amicable settlement.
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3 December 2025 |
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Withdrawal allowed but WITHOUT leave to refile because the plaintiff failed to advance sufficient grounds.
Civil Procedure — Order XXIII Rule 1(2)(b) CPC — withdrawal with leave to refile — requirement to plead and prove "other sufficient grounds" — "in the interest of justice" insufficient — leave discretionary — costs: each party bears own costs.
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2 December 2025 |
| November 2025 |
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Court refused the plaintiff's late amendment to introduce new evidence, finding no good cause to depart scheduling orders.
Commercial law – Amendment of pleadings (Rule 24(1) Commercial Division Rules) – Final pre-trial conference (Order XIII r.1–r.2 CPC) – Scheduling orders and departure (Order VIIIB r.23 CPC) – Good cause requirement – Negligence, prejudice and needless complication – Abandonment of paid claim as alternative remedy.
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26 November 2025 |
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Court appointed the Administrator General as liquidator after finding the uncontested application complied with the appellate order and Companies Act.
Company law – Insolvency/liquidation – Appointment of liquidator to replace deceased liquidator – Compliance with appellate direction – Administrator General appointed as liquidator. Procedure – Uncontested application where respondents file no objections or counter‑affidavit. Companies Act – Statutory requirements for appointment and conditions (timeframe, duties, reporting).
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25 November 2025 |
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Application to depart scheduling order for interrogatories/discovery denied for lack of good cause and as time‑barred.
Civil procedure — Scheduling orders (Order VIIIB r.23) — Departure requires good cause and must be in interests of justice; Interrogatories and discovery — purpose to narrow evidence and shorten trial; inappropriate after final pre‑trial and filing of witness statements; Pleadings — locus standi and cause of action addressed by pleadings or cross‑examination, not by interrogatories; Limitation — applications under Civil Procedure Code with no specific period fall within 60‑day rule (Item 21, Law of Limitation Act).
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24 November 2025 |
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Withdrawal allowed but leave to refile refused for lack of sufficient grounds; costs awarded to defendants.
Civil Procedure – Order XXIII Rules 1(1) and 1(2)(b) CPC – Withdrawal of suit vs. withdrawal with leave to refile – "Sufficient grounds" for instituting fresh suit – Repeated refiling and procedural history relevant to leave to refile.
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24 November 2025 |
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Court must independently assess documentary admissibility; a photocopied employment contract was inadmissible as secondary evidence.
Evidence — Documentary admissibility — court’s duty to determine admissibility suo motu; Evidence Act ss.69,72 — primary vs secondary evidence; Photocopy (and re-photocopied document) with non-original signature/stamp inadmissible; Absence of party objection does not cure non-compliance with legal admissibility requirements.
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21 November 2025 |
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Court rejected tendered employment contract as inadmissible secondary evidence; admissibility is the court’s duty.
Evidence — Documentary evidence — Admissibility; primary vs secondary evidence; sections 69–74 and 72 Evidence Act; court’s duty to determine admissibility suo motu; photocopies and counterparts; Interpretation of Laws Act — mandatory 'shall'/'must'.
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21 November 2025 |
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Court granted winding up where company’s membership fell below statutory minimum and appointed a liquidator.
Companies Act – compulsory winding up – membership falling below statutory minimum (s.282(1)(c)). Companies Act – who may petition – company’s entitlement to present winding-up petition (s.284). Jurisdiction – High Court’s power to wind up companies registered in Tanzania (s.278(1)). Procedural compliance – publication of notices and absence of objections. Relief – appointment of official liquidator and time-limited winding-up process (s.285).
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21 November 2025 |
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Failure to comply with court orders and negligent prosecution do not constitute good cause for extension of time.
Civil procedure – extension of time to appeal – requirement to demonstrate "good cause" and account for each day of delay – negligence or failure to comply with court orders not constituting good cause; striking out of appeal for incomplete record; finality of litigation.
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18 November 2025 |
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Application to lodge additional documents held time‑barred and dismissed as incompetent under amended Order XIII and the Limitation Act.
Civil procedure — Amendment to Order XIII Rule 1 — Late production of documents — Whether struck-out documents can be revived — Interaction with Law of Limitation Act — Competency and time bar for leave applications.
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10 November 2025 |
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Application for leave to re‑introduce struck documents held time‑barred and dismissed as incompetent.
Civil Procedure — Amendment to Order XIII Rule 1 — Mandatory filing timelines for documents before final pre‑trial conference; Law of Limitation Act — accrual of cause of action and sixty‑day limitation; late production vs re‑introduction of struck documents; competency of leave application.
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10 November 2025 |
| October 2025 |
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Fire-loss claim dismissed for failure to disclose required documents and strictly prove the insured loss.
Insurance law — duty of disclosure and provision of material documents by insured; indemnity requires strict proof of actual loss (special damages); insurer’s right to appoint registered loss assessor; burden of proof and sanctity of contract in insurance claims.
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3 October 2025 |
| September 2025 |
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Bank failed to strictly prove pleaded defaults and sums; claim dismissed for want of proof.
Banking law – credit facilities and guarantees; burden of proof in civil claims – sections 117, 118, 122 Evidence Act; special damages must be specifically pleaded and strictly proved; post-pleading evidence not pleaded cannot cure deficient pleadings; ex parte proceedings do not relieve plaintiff of duty to prove case.
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26 September 2025 |
| August 2025 |
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A depositor is not deemed a shareholder absent fulfillment of all legal formalities for share allotment and regulatory compliance.
Banking law – Status of depositor versus shareholder – Conversion of deposit to equity – Conditions precedent for allotment of shares – Regulatory compliance – Whether failure to fulfill formalities precludes share conversion – Entitlement to refund and interest for undeclared conversion of deposit.
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29 August 2025 |
| July 2025 |
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Breach of petroleum supply agreement with indemnity liability on defaulting payee and insurer under payment guarantee bond.
Contract Law – Breach of Payment Obligations – Petroleum Supply Default – Contractual Indemnity and Insurance Liability.
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31 July 2025 |
| June 2025 |
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The court struck out the defendant's witness statement for procedural non-compliance, proceeding ex parte for lack of defense evidence.
Witness statement validity – Non-compliance with attestation rules – Overriding objective principle – Procedural defects.
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30 June 2025 |
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A vehicle rental fee dispute was settled through a consent judgment with agreed terms of payment.
Contract Law – Breach of contract – Settlement agreement – Consent judgment – Vehicle rental fees
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27 June 2025 |
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Documents filed after the final pretrial conference without court leave are invalid under Civil Procedure Code.
Civil Procedure - Filing of Documents - Deadline for Documentary Evidence - Order XIII Rule 1(1) compliance.
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24 June 2025 |
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Court registered deed of settlement as consent judgment, ordered execution and marked case settled; each party to bear own costs.
Commercial law – Consent judgment – Registration of deed of settlement as consent decree – Formal requisites (parties, signatures, date, filing) – Enforceability and execution – Costs allocation.
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17 June 2025 |
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An unsworn witness statement without jurat is incurably defective and leads to striking out and dismissal for want of prosecution.
Commercial Court procedure – witness statements – mandatory requirement of oath/affirmation and jurat under Rules 49(1), 49(2) and 50(1)(a) and (2). Inherent powers/overriding objective – cannot cure incurable defects that go to the foundation of the case. Filing an incurably defective witness statement amounts to failure to prosecute; dismissal for want of prosecution is appropriate. Reliance on Court of Appeal authorities including Afrinex Ltd v Petra Larsson and Africarriers Ltd v Shirika la Usafiri.
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13 June 2025 |
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Applicant failed to account for delay; pleaded illegality not shown as apparent — extension of time dismissed with costs.
Civil procedure — Extension of time — Applicant must account for every day of delay and show diligence; delay should not be inordinate. Illegality as ground for extension — must be of sufficient importance and apparent on the face of the record (e.g., want of jurisdiction, time-bar, denial of hearing); illegality cannot shield inaction. Relevant authorities: Lyamuya; Principal Secretary Ministry of Defence v Valambhia; cases emphasizing promptness and accounting for delay.
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6 June 2025 |
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Extension of time denied where applicant failed to account for delay and did not promptly demonstrate apparent illegality.
Commercial procedure – extension of time to apply to set aside default judgment; requirements for extension: account for each day of delay, diligence, not inordinate delay; illegality as ground for extension where apparent on face of record and promptly raised; jurisdictional/pecuniary threshold issues; litigant vigilance vs. laches.
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6 June 2025 |
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Applicant’s administration mandate expired, leaving no locus standi; court struck out discharge/handover application.
Companies law – Administration – Administration tenure expiry extinguishes administrator’s locus standi; Court cannot grant orders to a person no longer appointed; Proper remedy is application for restoration/extension of administration mandate under s.256(1),(2)(a) of the Companies Act; Civil Procedure Code – inherent powers – cannot be used to validate actions by a non-existing administrator.
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6 June 2025 |
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Plaintiff failed to prove breach; court rescinded sale and ordered refund of purchase price, no damages awarded.
Contract law – formation and performance of sale by public auction; evidence and burden of proof; failure to collect title after notification; rescission and restitution (unjust enrichment); refusal of damages where breach unproven.
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4 June 2025 |
| March 2025 |
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The applicant proved an insured motor-accident claim and was awarded partial indemnity for repairs and general damages.
Insurance law – motor insurance indemnity – whether insured vehicle involved in accident; evidentiary value of police reports (PF90 vs later police exhibit) – burden/standard of proof on balance of probabilities – assessment of special damages and reduction of claimed quantum – award of general damages and enforcement timeframe.
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24 March 2025 |
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Court found the respondent breached a supply contract; awarded TZS70,777,692, TZS15,000,000 damages and 5% interest.
Contract law – oral supply agreement – existence and breach; quantification of outstanding balance on running account; evidentiary weight of invoices and account statements; counter-claim alleging invoice irregularities and overpayments insufficiently proved; award of general damages and interest.
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12 March 2025 |
| September 2024 |
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2 September 2024 |
| November 2023 |
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Insurer unjustifiably delayed and unproven fraud allegations; insured awarded indemnity, damages, interest and costs.
Insurance — insurer's duty to indemnify; Insurance Act ss.131 and 148 — time limits for claim settlement and enforcement; Evidence — burden on insurer to prove alleged fraud; Delay and bad faith — entitlement to damages and interest; Broker liability — dismissed in absence of wrongdoing.
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7 November 2023 |
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Suit for recovery of staff-loan converted to commercial loan struck out as premature pending appeal on related labour award.
Commercial law – staff loan agreement – termination as event of default; conversion to commercial loan; set-off and interlocutory impact of pending appeal from Labour Division award; premature institution of suit; natural justice and equality before the law.
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3 November 2023 |
| October 2023 |
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Insured failed to prove date and circumstance of transit loss; claim for indemnity dismissed with costs.
Insurance law – goods in transit – burden of proof on insured to establish date and circumstances of loss; requirement to produce transport documentation (receipts, delivery/release notes) and driver’s licence; weighbridge and investigative reports relevant to disputed date; failure to prove material date defeats indemnity claim.
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27 October 2023 |
| April 2023 |
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The plaintiff-administrator proved ownership; defendant failed to prove purchase, ordered to surrender the title deed and pay costs.
Land law – declaration of ownership; evidentiary burden in property disputes; evasive denials in pleadings; requirement for direct evidence of sale and documentary proof (title search, transfer instruments, bank receipts); inadmissibility/insufficiency of unproved lost documents; costs awarded to successful party.
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24 April 2023 |
| October 2022 |
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A tribunal may, before pronouncing judgment, suo motu decide an apparent res judicata point and is not functus officio.
Civil procedure – functus officio – doctrine applies only after formal final judgment on merits; does not bar determination of preliminary legal points prior to judgment. Civil procedure – preliminary points of law – tribunal may raise and determine issues suo motu when apparent from the record and necessary before proceeding to merits. Res judicata – a tribunal may dismiss a matter as res judicata if prior determination exists and the point is apparent before final judgment.
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3 October 2022 |
| September 2022 |
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A child's credible sworn testimony and corroborating medical evidence upheld conviction despite minor procedural irregularities.
Criminal law – Unnatural offence against a child – Child witness competence and affirmation under s.127(2) Evidence Act – Charge variance and curability under s.388 CPA – Tendering of PF3 and role of prosecutor – Identification by familiarity and corroborating medical evidence.
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16 September 2022 |
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Sale of matrimonial assets by one spouse pending appeal does not extinguish the other's entitlement; maintenance reduced to Tshs100,000.
Matrimonial property division — contributions include household labour and joint business; sale of matrimonial assets pending appeal does not extinguish spouse's entitlement; maintenance — parental shared responsibility and proper assessment of quantum under Law of the Child Act and Law of Marriage Act.
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9 September 2022 |
| July 2022 |
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An alleged contempt fails where the injunctive order had expired and was not lawfully extended.
Civil procedure – Injunctions – Order XXXVII Rule 3 CPC – injunctive order validity limited to period specified not exceeding six months; extension on application up to one year; contempt requires subsisting order; burden to prove extension.
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29 July 2022 |
| April 2022 |
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A suit cannot be stayed or pursued after the same dispute has been finally determined by arbitration; such arbitration is res judicata.
Arbitration; stay pending arbitration; effect of arbitral award; res judicata; abuse of process and forum shopping; separation of referral/stay record from main suit.
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27 April 2022 |
| March 2022 |
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Court lacks jurisdiction under section 53(1) Tax Administration Act; suit dismissed with costs.
Tax law – Jurisdiction under section 53(1) Tax Administration Act, 2015; res judicata – repetition of matters decided in earlier application; adoption of prior ruling as basis for dismissal.
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22 March 2022 |
| December 2021 |
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Appellate direction to take additional forensic evidence did not waive examination; documents admissible but require proper public certification.
Evidence — Additional evidence under Court of Appeal Rule 36(1) — Trial court to take and certify evidence and opine on credibility; admissibility of secondary evidence — Competence to tender exhibits determined by possession and knowledge, not solely by maker/addressee — Public documents require certified copies by authorised officer and payment of fees (Evidence Act ss.68, 83, 85) — Court's discretion to dispense with notice to produce under s.68(g).
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8 December 2021 |
| November 2021 |
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Whether an executing court may order delivery of premises absent an express decree order and how payments affect execution.
Execution of decree — scope limited to terms of the decree; Delivery of premises — requirement of express decree order and title documentation; Effect of payments — whether payment/compensation extinguishes decree or creates contractual extension affecting possession; Limits of executing court powers.
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4 November 2021 |
| September 2021 |
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A witness need not be maker or addressee to tender a document, but public documents must be certified and fees paid before admission.
Evidence — Tendering of documents: witness competence depends on knowledge and possession, not necessarily maker/addressee; Public documents — Sections 83 & 85(1) Evidence Act: certified copies and fees required; Procedural non‑compliance — not automatically fatal; court may allow deferred production to cure defects in interests of substantive justice.
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21 September 2021 |
| August 2021 |
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Decree holder granted attachment and sale of trucks to satisfy unpaid decree; claimed interest refused as unpleaded and unproven.
Execution — Order XXI r.9 CPC — Consent decree execution by attachment and sale; Interest at execution — unpleaded and unproved interest cannot be awarded; Attachment — hire‑purchase and lack of registration cards not a bar without proof; Order XXI r.11 — sufficiency of property description; Appointment of Court Broker to conduct sale.
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27 August 2021 |
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A notice of appeal does not automatically bar execution; failure to obtain a stay or show sufficient cause warrants execution.
Civil Procedure – Execution of decree – Effect of notice of appeal – A notice of appeal does not automatically stay execution under Order XXXIX r.5(1) CPC. Stay of execution – Court of Appeal competent to entertain stay applications after notice of appeal lodged. Burden on judgment debtor to show sufficient cause and to seek appropriate stay orders and to procure records for appeal.
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24 August 2021 |
| July 2021 |
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Decree holder must prove fraud, concealment or obstruction before piercing corporate veil to detain a non-party director.
Company law – lifting/piercing corporate veil – exceptional remedy – requires proof of no real separation, wrongful or fraudulent concealment of assets or obstruction of execution. Execution law – arrest/detention of non-party director for enforcement – impermissible absent factual showing justifying veil piercing. Evidence – necessity of affidavit/evidential particulars; mere citation of authorities insufficient. Insolvency/winding-up – not by itself a ground to pierce veil.
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27 July 2021 |
| April 2021 |
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9 April 2021 |