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Citation
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Judgment date
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| 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 |
| February 2021 |
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Summary mortgage procedure cannot be used against guarantors; omission of statutory default notice is fatal.
* Civil procedure – Order XXXV summary mortgage suits – summary procedure confined to parties who executed the mortgage; guarantors not parties cannot be sued under Order XXXV.
* Land law – section 127(1)&(2) Land Act – statutory demand/default notice is mandatory; omission renders suit premature/incompetent.
* Banking/foreign loans – registration with Bank of Tanzania/issuance of DRN/ORN: factual inquiry; requires evidentiary determination.
* Preliminary objections – application of Mukisa Biscuit: pure point of law vs mixed question requiring evidence.
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16 February 2021 |
| December 2020 |
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Issuance of PVoC/CoC without proper inspection and sealing amounts to negligence; plaintiff awarded damages and interest.
Pre‑shipment inspection – PVoC/CoC – issuance without adequate inspection, testing or sealing – duty of care of inspection agents – negligence – proof of specifications – damages and interest awarded.
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11 December 2020 |
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Applicant's defamation claim dismissed; respondent’s counterclaim partly succeeds for unpaid loan and recovery of pledged shares.
Banking and security – pledge of share certificates; mortgagee remedies on missing certificates – reporting to police and DSE; defamation – requirement to prove reputational injury; loan facilities – borrower default and recovery; guarantor liability – surety bound to secured facilities; admissibility of bank statement as proof of outstanding indebtedness; reliefs: monetary judgment, declaration, handover of securities, realization of security.
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11 December 2020 |
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Insurer held liable for incomplete repairs; ordered to pay vehicle value, towing, general damages, interest and costs.
Insurance — comprehensive motor policy; failure to tender policy — court unable to rely on policy terms; insurer's appointment of repairer established by correspondence; insurer liable where repair incomplete; award of market/pre-accident value, towing, general damages, interest and costs.
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1 December 2020 |
| November 2020 |
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Prosecution failed to prove causal link and malice; accused acquitted of murder due to insufficient and unreliable evidence.
Criminal law – murder – burden of proof and requirement to prove actus reus and mens rea beyond reasonable doubt; admissibility of extra‑judicial statements – procedural safeguards and voluntariness; chain of custody and weight of ballistic evidence; evaluation of inconsistent witness statements; proof of death without post‑mortem report.
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26 November 2020 |
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Summary judgment entered where defendants failed to seek leave to defend and no triable issue was shown.
* Civil Procedure — Order XXXV (Summary Procedure) — requirement for leave to defend — triable issue test. * Substituted service — publication in newspapers — effect of statutory 21‑day period. * Summary judgment — entry where no leave sought and no triable issues shown.
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25 November 2020 |
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Applicants' acceptance and part payment barred rejection; respondent's repossession of unpaid machines was justified.
Sale of goods – credit sale – failure to pay initial deposit – effect of acceptance of goods and part payments on right to reject; delivery and payment as concurrent conditions; demand notice and right to repossession where purchase price unpaid; burden and standard of proof in civil cases.
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25 November 2020 |
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Decree not satisfied by partial payments or sale proceeds; court ordered arrest and presentation before detention under Order XXI.
Civil procedure – Execution of money decree – Partial payments and sale proceeds do not extinguish decretal liability – Arrest and detention permissible under Order XXI (Rules 28, 35, 36) – Requirement to bring person before court to show cause prior to detention.
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24 November 2020 |
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Plaintiff permitted to withdraw with leave to refile for procedural defect; defendant awarded costs.
Commercial Procedure – withdrawal with leave to refile under Order XXIII Rule 1(1)&(2) CPC; Procedural defect – non‑compliance with Rule 50(1)(d) and 3rd Schedule (exhibits) as formal defect; Rule 68 (summary disposal) inapplicable where defect is technical; Costs awarded despite leave to refile.
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3 November 2020 |
| October 2020 |
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Buyer liable for unpaid purchase price under Sale of Goods Act despite invalidity of original credit sale agreement.
Sale of Goods Act s50 – recovery of price where property passed; validity of credit sale agreement – condition precedent and addendum; Letter of Undertaking vs guarantee; judgment on admission; pre-judgment and post-judgment interest; burden of proof in civil claims.
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30 October 2020 |
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The plaintiff's customary right prevailed; unlawful survey and allocation without compensation rendered the 3rd defendant's title null and void.
* Land law – customary (deemed) vs granted rights of occupancy – equal status
* Land acquisition – survey and allocation – failure to involve customary owner and non-payment of compensation renders allocation null and void
* Powers of revocation – revocation of right of occupancy vested in the President/by operation of law, not Commissioner or Attorney General
* Title disputes – irregular allocation to third party invalid where acquisition procedure is defective
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26 October 2020 |
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Court finds contract and performance by plaintiff; defendant liable for unpaid repair invoices, damages and 7% post-judgment interest.
* Contract – partly written, partly oral – established by correspondence and conduct of parties; repair of insured vehicles.
* Evidence – invoices, letters, emails and statement of account prove performance and outstanding indebtedness.
* Breach – failure to pay invoices constitutes breach of contract.
* Interest – claimant must prove agreement to contractual interest; absent proof, court awards interest at judicial rate.
* Procedure – defendant’s failure to file witness statements led to ex parte progression but cross-examination was permitted.
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16 October 2020 |
| September 2020 |
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Computation of the 14‑day period under Rule 49(2) depends on phrasing of the court’s order; "from today" excludes the day.
Civil procedure — computation of time under Rule 49(2) High Court (Commercial Division) Procedure Rules — meaning of "of the completion" vs "from today" — application of section 60(1) Interpretation of Laws Act — exclusion/inclusion of the day of order — preliminary objection on lateness overruled.
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4 September 2020 |
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Whether the claimed instruction fee in a taxed bill of costs was reasonable and adequately evidenced.
Taxation of costs – reasonableness of instruction fees – applicability of Advocates Remuneration Order scales – evidential weight of Fiscal Tax Invoice and EFD receipts – award of taxation costs and apportionment between joint applicants.
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4 September 2020 |
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Court granted a short extension under s.93 despite inadequate proof, imposing costs for the unnecessary adjournment.
Civil Procedure – Extension of time (s.93 CPC) – court’s discretion to enlarge time – requirements for reasons and supporting evidence for oral application – dismissal for want of prosecution (Order IX r.8) – balancing interest of justice against conduct of party – punitive costs for unnecessary adjournment.
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4 September 2020 |
| August 2020 |
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Registration of an English summary judgment was set aside because parallel, earlier Tanzanian proceedings made its registration and enforcement inappropriate.
* Civil procedure – Registration of foreign judgments – Reciprocal Enforcement of Foreign Judgments Act (Cap 8) s.6(1) – setting aside registered foreign judgment. * Parallel proceedings – impact of earlier pending local litigation on registration/enforcement of foreign judgments. * Locus standi – preliminary objections must be pleaded; cannot be raised for first time in submissions. * Ex-parte registration – propriety where related proceedings are pending locally. * Jurisdiction, fraud and public policy arguments considered but not decisive where parallel domestic proceedings exist.
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26 August 2020 |
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A claim seeking set-off of execution proceeds must be determined by the executing court, not a new suit.
* Civil Procedure – Execution of Decrees – Section 38 CPC – Distribution of proceeds and jurisdiction of executing court.* Set‑off – Claim over proceeds of sale in execution – must be decided by executing court.* Amendment of pleadings – Rule 24(1) & (3) – amendment permissible to correct defects or determine real question, not to alter substantive jurisdictional defect.* Mortgage/guarantees – recovery of balance after sale where sale proceeds insufficient.
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18 August 2020 |