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Citation
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Judgment date
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| December 2014 |
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Plaintiff confirmed owner under valid sale; vendors performed; alleged third‑party interference unproven; injunction granted.
Property law – validity and effect of a land sale agreement; proof of transfer and possession; requirement to prove non‑performance before claiming specific performance or refund; evidential burden on claimant to prove trespass or interference; award of declarations and prohibitory injunction; dismissal for lack of cause of action; costs awarded to performing vendors.
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22 December 2014 |
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Application for interim injunction to stay execution dismissed for inordinate delay, deficient affidavit and absence of pending proceedings.
Civil procedure – interim injunctions – interim relief requires pending proceedings; application held time‑barred and an abuse of process due to inordinate delay and defective affidavit; execution may not be stayed by such delayed application.
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22 December 2014 |
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A non‑statutory caveat lodged at the Companies Registry has no force; court will not order changes affecting a non‑party company.
Company law – registrable instruments – "caveat" lodged at Companies Registry has no statutory recognition under the Companies Act; informal letters at BRELA lack legal force. Company records – Registrar may properly refrain from effecting changes where shareholder disputes are pending. Procedural law – court should not make orders affecting the affairs of a non-party company not before the court
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19 December 2014 |
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Application to set aside default judgment dismissed: ignorance of law and pursuing arbitration without appearance insufficient reasons.
Civil procedure – Setting aside default judgment – Rule 23(1) & (2) High Court (Commercial Division) Procedure Rules, 2012 – ‘sufficient reasons’ test – ignorance of law not sufficient – must enter appearance before seeking stay/arbitration.
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19 December 2014 |
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Review unsuitable where it requires re-evaluating submissions; court corrected striking out to dismissal and ordered each party to bear own costs.
Civil procedure – Review under Rule 3, Order XLII CPC – meaning and limits of "error apparent on the face of the record" – error must be manifest and not require re-evaluation of evidence or submissions
Procedure – correction of court order – substitution of striking out with dismissal where application was heard and found without merit
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18 December 2014 |
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Plaintiff failed to prove breach; defendants substantially performed and the suit is dismissed with costs.
Contract law – alleged breach of supply, installation and commissioning of POS/payment/inventory systems; burden of proof in civil cases – onus on party alleging breach; substantial performance and partial completion (biometric ~75%); consideration unpaid (USD 35,000 of USD 45,700); lack of delivery documentation; remedy – dismissal and costs.
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18 December 2014 |
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Court granted review, found error in title information, set aside auction confirmation and ordered purchaser reimbursement.
Civil procedure — Review under Order XLII Rule 1 — grounds: new evidence, error apparent on face of record, sufficient reasons; Official Search/misinformation; ownership of security (sub-title) vs main title; validity of Deputy Registrar order; setting aside confirmed auction sale; reimbursement to purchaser; execution preserved for decree-holder; costs and taxation directions.
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12 December 2014 |
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8 December 2014 |
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Preliminary jurisdiction objection dismissed as premature; stay application held time‑barred and dismissed with costs.
Commercial Division jurisdiction – definition of commercial case under High Court (Commercial Division) Procedure Rules and Magistrates' Courts Act; Stay of execution – Order XXXIX Rule 5(3)(b) Civil Procedure Code requires application without unreasonable delay; Limitation – Law of Limitation Act Part III item 21 (60 days) applies where no specific period provided; Appellate court may hear stay applications but delay must be explained.
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8 December 2014 |
| November 2014 |
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Dispute over licence withdrawal/allocation is a procedural decision appealable under section 10(17), not an original suit.
Telecommunications law — s.10(17) Tanzania Communications Act — appeals to High Court on procedural issues or extraneous factors; jurisdiction of Commercial Division; competence of original suit versus statutory appeal remedy; procedural compliance with CPC and Commercial Division Rules.
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27 November 2014 |
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Dispute over withdrawal/reallocation of spectrum is appealable under s.10(17), not cognizable as an original civil suit.
Telecommunications law – s.10(17) Tanzania Communications Act – challenges to commission decisions on licence withdrawal/reallocation are subject to appeal to the High Court on procedural issues or extraneous factors – jurisdictional limitation of original suits – regulatory decision review mechanism.
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27 November 2014 |
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A non-resident respondent without immovable property must deposit security for costs based on likely costs, not suit value.
Security for costs; Order XXV r.1 Civil Procedure Code; non-resident litigant without immovable property; stage of proceedings irrelevant; quantum based on costs incurred or likely to be incurred, not suit value.
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7 November 2014 |
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Termination of a joint venture upheld where the applicant failed to prove funding and timely commence construction.
Contract law – Joint Venture Agreement – obligation to provide financing and to commence works within contractual period – failure to prove funding vitiates performance
Evidence – requirement to produce documentary proof (funding evidence, building permit) to establish performance
Termination – validity of termination where counterparty fails to perform essential contractual obligations
Remedies – suit for declaration of subsistence of agreement dismissed where applicant in fundamental breach
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7 November 2014 |
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An English commercial judgment was registered in Tanzania under the Reciprocal Enforcement of Foreign Judgments Act.
Reciprocal enforcement of foreign judgments – Registration of English commercial judgment under Reciprocal Enforcement of Foreign Judgments Act – Certified copy and affidavit evidencing non‑satisfaction – Reciprocity and similar jurisdiction requirement satisfied – Registration ordered.
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7 November 2014 |
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7 November 2014 |
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Execution cannot be imposed on a non‑party director and corporate veil may not be pierced without pleaded and proven exceptional circumstances.
Civil procedure – execution of decrees – enforcement against parties only; Corporate law – separate legal personality – lifting/piercing the corporate veil requires pleaded and proved exceptional circumstances; Committal as execution – impracticability of imprisoning an officer for corporate debt absent proper grounds.
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7 November 2014 |
| October 2014 |
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Adjournment refused for unproven witness death/illness; court ordered judgment based on plaintiff's evidence.
Adjournment – requirements for good cause; need for documentary proof of witness death/illness; parties' duty to respect special-session scheduling; lack of communication with counsel not a sufficient ground for adjournment; judgment on plaintiff's evidence where defence fails to produce evidence.
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28 October 2014 |
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Movable-property execution sale not void for publication irregularities; remedy is suit for compensation — applicant failed to show substantial injury.
Execution — Sale of movable property — Order XXI Rule 76 — Irregularity in publication or conduct of movable sale does not vitiate sale; remedy is suit for compensation or recovery — setting aside sale under Rule 88 (immovable property) inapplicable to movables — requirement to prove material irregularity causing substantial injury.
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28 October 2014 |
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16 October 2014 |
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Extension to set aside default judgment refused: name discrepancy and publication delay did not justify sleeping on rights.
Civil procedure — Extension of time — Section 14(1) Law of Limitation Act applicable where court rules are silent — application to set aside default judgment. Duty to act on service — Order VIII Rule 2 CPC — failure to file defence not excused by minor name discrepancy. Delay in decree publication due to correction — time counts from rectified decree; afterthoughts do not constitute sufficient cause
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13 October 2014 |
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Failure to file witness statements within the Rule 49 time limit, without good cause, justified expungement and dismissal of the suit.
Civil procedure – Rule 49(1) & (2) GN No.250 of 2012 – evidence-in-chief by witness statements – requirement to file within seven days of completion of mediation – late filings without leave expunged – failure to file statements amounts to failure to prosecute and justifies dismissal; framing of issues and filing witness statements are distinct; distance/cost not sufficient cause for extension.
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9 October 2014 |
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Court restored mediation after accepting counsel's sudden illness as good cause and setting aside striking-out orders.
Commercial procedure — Restoration of mediation under Rule 37(2) of the High Court (Commercial Division) Procedure Rules, 2012; good cause requirement. Good cause — sudden illness of counsel can justify restoration where supported by credible affidavit evidence
Evidence — written submissions are not evidence; affidavits and corroborating medical affidavit may suffice to require an answer
Fees — payment of restoration fees is a statutory requirement (must be shown)
Advocates — allegations about lapsed practising certificates require admissible proof; unproven allegations in submissions are disregarded. Judicial approach — preference for deciding matters on merits rather than on technicalities
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2 October 2014 |
| September 2014 |
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Commercial Court lacks pecuniary jurisdiction where tort damages are unquantified and not capable of monetary estimation.
Commercial law — High Court (Commercial Division) pecuniary jurisdiction — Rule 5(2) thresholds. Civil procedure — preliminary objection — lack of pecuniary jurisdiction
Damages — distinction between general and special damages — general damages do not confer jurisdiction. Tort claims — subject matter must be capable of monetary estimation to attract Commercial Court jurisdiction
Pleading — vagueness and lack of nexus between claimed amount and cause of action defeats jurisdictional pleading
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30 September 2014 |
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Court allowed a late oral amendment to the defence to add a counter-claim, ordering costs in the cause.
Civil procedure – amendment of pleadings at hearing stage; Commercial Court Rules 2012 – Rule 24; Order VI r.17 CPC – liberal approach to amendments; oral application; delay and prejudice; costs in the cause.
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26 September 2014 |
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A promissory note maker is liable for the unpaid balance; pre-note payments excluded; 8% interest awarded.
Promissory note – nature and enforceability – maker’s liability – evidentiary weight of sale agreement – exclusion of pre-note payments – interest at contractual rate and post-judgment interest.
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26 September 2014 |
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23 September 2014 |
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Extension of time to appeal refused where applicant failed to account for delay and filed defective appellate documents.
Civil procedure – Extension of time to appeal – Applicant must account for each day's delay – Defective decree and certificate of delay are applicant's responsibility – Illegality of trial proceedings does not excuse procedural non‑compliance – Court registry remains open during vacations.
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23 September 2014 |
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Applicant's affidavit failed to disclose triable issues; summary judgment entered for loan repayment with interest and costs.
Civil procedure – summary suit – leave to appear and defend under Order XXXV Rule 3(1) and s.95 CPC; defendant’s affidavit must disclose triable issues; defective goods, force majeure, illness or later accident not necessarily a defence to loan repayment; statutory notice of intention to sue.
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19 September 2014 |
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19 September 2014 |
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Late-filed witness statements barred from cross-examination; extension refused for inordinate delay; trial to proceed with parties bearing own costs.
Commercial Court procedure — witness statements — Rule 49(2) (timely filing) and Rule 55 (failure to serve bars witness from cross-examination) — late filing without leave results in bar to cross-examination and reduced evidential weight; no automatic striking out or ex parte consequence; extension of time under s.93 refused for inordinate delay; predecessor counsel’s laxity not sufficient cause; Article 107A (substantive justice) does not override procedural requirements.
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17 September 2014 |
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Bill of costs largely expunged where items and instruction fee did not relate to the specific extension application; taxed at Tshs.140,000/=
Civil procedure – Taxation of costs – costs must relate to the specific application being taxed; items not connected to the application are expunged. Instruction fees – instruction fee based on decree from separate proceedings is not taxable in unrelated application. Appearance allowances – shorter allowance for mention than hearing; appearances not made are disallowed
Disbursements – only disbursements related to the taxed application are allowable
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16 September 2014 |
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Arbitral award set aside because an arbitrator’s undisclosed commercial relationship with the respondent created an evident risk of bias.
Arbitration — misconduct and conflict of interest — arbitrator’s duty to disclose past/present relationships — undisclosed subtenancy creating evident risk of partiality — Arbitration Act (misconduct/improper procurement) — limits of judicial review (no re‑weighing of facts or merits absent error on face of award) — remittal to differently constituted tribunal — procedural compliance with Commercial Division rules (equity in rejecting procedural objections).
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16 September 2014 |
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Application to extend a lapsed commercial case was denied; pre-2012 suits governed by CPC and Limitation Act, counsel’s inadvertence insufficient.
Commercial procedure – lifespan of commercial cases – extension of time – applicability of High Court (Commercial Division) Procedure Rules 2012 to suits instituted before their commencement – requirement to invoke CPC and Limitation Act – insufficiency of counsel’s inadvertence as ground for extension – necessity to account for each day of delay.
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11 September 2014 |
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Bank held liable for unauthorized withdrawals due to bank negligence; customer partly contributorily negligent; principal, interest and costs awarded.
Banking law – Unauthorized debits; negligence of bank employees; missing original cheques and documentary proof; onus of proof; contributory negligence by customer; award of principal, interest and costs.
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9 September 2014 |
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Procedural irregularity found; notice to show cause ordered before execution by arrest and detention; parties to bear own costs.
Civil procedure – execution by arrest and detention – requirement of notice to show cause under Order XXI r.35 – affidavit and supporting documents must properly accompany execution application; evidence cannot be introduced first in written submissions.
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9 September 2014 |
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Applicant established triable issues and risk of irreparable harm; temporary injunction granted to preserve status quo.
Commercial injunction — interim relief — prima facie case and triable issues; irreparable harm and goodwill; balance of convenience; preservation of status quo pending trial.
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8 September 2014 |
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Expert valuation established unrecovered construction costs; appeal dismissed and tribunal's tenancy order upheld.
Land law – Agreement to permit construction and repay construction costs – tenancy to continue until full recovery of construction costs
Evidence – Admissibility and weight of expert valuation reports – professional documents admissible and may be relied upon by tribunal
Procedure – Allegation of non-consultation and witnesses not summoned does not automatically vitiate tribunal's decision absent demonstrated injustice
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5 September 2014 |
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Chamber application to negate English judgment struck out as abuse; res judicata and jurisdiction objections to main suit overruled.
Commercial Division – abuse of process – pre-empting preliminary objections by separate chamber application; res judicata – foreign (English) judgment – three-part test (identity of parties, identity of issues, conclusiveness); recognition of foreign summary judgments – not automatically conclusive if procedure differs from Tanzanian law; jurisdiction – declaratory relief in Commercial Division does not require stated pecuniary value if fees paid and commercial significance established.
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4 September 2014 |
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3 September 2014 |
| August 2014 |
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Plaintiff’s claim against non‑contracting defendants dismissed for lack of cause of action and failure to comply with court timetable.
Commercial law – Cause of action – Requirement that plaint disclose cause of action against each defendant; Privity of contract – strangers to contract cannot be sued on it; Civil procedure – compliance with court scheduling orders; Non-compliance may amount to failure to prosecute; Pleading requirements – reliance on unpleaded or missing annexures/paragraphs undermines cause of action.
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29 August 2014 |
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Plaintiff must repay VAT mistakenly charged on a tax-exempt import; plaintiff's claim for unpaid balance dismissed.
Commercial law — sale of goods and finance arrangements; promissory note and post-dated cheque; VAT on imported capital goods — VAT exemption and mistaken VAT collection; restitution/recovery of money paid by mistake; interest claims — burden and reasonableness; costs awarded to successful counter-claimant.
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29 August 2014 |
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Financier paid VAT-inclusive price; plaintiff mistakenly retained VAT—defendants entitled to reimbursement of USD 35,600, plaintiff's claim dismissed.
Commercial law – sale of goods on credit – promissory note and post-dated cheque – evidentiary burden on payment; Tax law – VAT exemption on imported capital goods – mistaken tax invoice and restitution; Remedies – recovery of money mistakenly paid; Interest – refusal of high commercial rate absent proof.
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29 August 2014 |
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Applicant's sworn payment claim, though disputed, raised a bona fide triable issue; unconditional leave to defend was granted.
Commercial procedure – summary suit – Order XXXV Rule 3(1) CPC – leave to appear and defend – requirement of a bona fide triable issue. Affidavit evidence – court’s limited role at leave stage – no requirement to produce best evidence before trial. Allegation of prior repayment – disputed sworn statements create triable issues precluding summary judgment. Admission of liability as to part of claim does not preclude leave where other triable issues exist
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29 August 2014 |
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A suit against an executive agency is incompetent without a contract between parties or the mandatory 90‑day government notice.
Executive Agencies Act s.3(6)(b)-(c) – scope of an executive agency's suability – agency suable in its own name only where it is a contracting party.* Government Proceedings Act s.6(2) – mandatory 90‑day notice to Government before instituting proceedings.* Civil procedure – incompetence for lack of jurisdiction – ancillary applications depend on competence of main suit.
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21 August 2014 |
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An arbitral award filed for registration is treated as a suit and cannot be stayed on an unsupported informal/oral application.
Arbitration — filing and registration of award — effect of filing: enforceable as decree under Arbitration Act s.17(1)
Civil Procedure — meaning of "suit" — paragraph 20(1)–(2) 2nd Schedule CPC; filing of award treated as a suit
Stay of proceedings — Rule 11 Arbitration Rules & s.8 CPC — requirement of concrete proof of prior pending suit (same parties, subject matter, reliefs)
Procedure — informal/oral applications without affidavit or documents insufficient to obtain stay; formal application with supporting evidence required
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21 August 2014 |
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Leave to appeal granted to determine whether a review application may be brought by chamber summons with affidavit and memorandum.
Civil procedure – Review applications – Proper mode of instituting review: memorandum of review versus chamber summons supported by affidavit and memorandum; effect of combining modes. Appellate procedure – Leave to appeal under s.5(1)(c) AJA – discretion to grant leave where substantive points of law require determination by Court of Appeal. Striking out – procedural propriety of dismissal for mixed modes
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21 August 2014 |
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Whether a review must be filed by memorandum only or may be brought by chamber summons with affidavit and memorandum.
Civil procedure – Review applications – Mode of instituting review – Whether review must be by memorandum alone or may be brought by chamber summons supported by affidavit together with a memorandum; leave to appeal to Court of Appeal to decide conflicting High Court positions.
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21 August 2014 |
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20 August 2014 |
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Court held short notice to produce (45 minutes) unreasonable; listing documents does not guarantee admissibility.
Evidence — admissibility of documents — distinction between a list of documents and a notice to produce; listing does not equal admissibility under s.64 Evidence Act
Evidence — notice to produce — requirement to be served within reasonable time under s.68 Evidence Act; 45 minutes before hearing held unreasonable
Procedure — court discretion — where in doubt on admissibility judge should favour admitting evidence but must ensure substantive justice (Rule 4, High Court (Commercial Division) Procedure Rules, 2012)
Remedy — adjournment to allow opposing party time to inspect/produce originals before ruling on admissibility
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19 August 2014 |
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A petition is a pleading and must comply with prescribed court formatting (Times New Roman, 12pt).
Commercial procedure – document formatting – High Court (Commercial Division) Procedure Rules r.19(1) – petitions considered pleadings and must comply with prescribed font type and size; r.66(2) incorporates format requirements.
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13 August 2014 |