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Citation
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Judgment date
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| December 2015 |
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28 December 2015 |
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16 December 2015 |
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15 December 2015 |
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Court held the defendant validly sold ten shares to the plaintiff; damages claim failed for lack of proof.
Company law – sale and transfer of shares – transfer to outside purchaser where articles grant pre‑emptive rights; bona fide purchaser doctrine; admissibility and weight of handwriting expert evidence; requirement to prove loss for general damages.
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15 December 2015 |
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Third‑party payment did not discharge the debt; unsigned facility letter non‑binding; bank awarded remaining balance and interest.
Banking law – loan restructuring – whether third-party payment amounted to full and final settlement – contract variation requires written agreement – unsigned facility letter not binding – retention of securities under facility terms.
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15 December 2015 |
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Applicant granted six-month interlocutory injunction restraining respondents from dealing with company assets and specified mining licences.
Civil procedure – interlocutory injunction – Atilio v Mbowe criteria (serious question, irreparable injury, balance of convenience) – uncontested affidavit may be acted on unless palpably false – Cogecot/TANESCO additional consideration inapplicable where no decree – interim restraint over company assets, share transfers, board changes and specific mining licences (ML 426/2011, ML 468/2012) for six months.
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14 December 2015 |
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11 December 2015 |
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Defendant breached MOU and loan agreement; plaintiff entitled to TSh 86,400,000 plus contractual and post-judgment interest, costs.
Commercial law – Memorandum of Understanding and loan agreement – breach for refusal to execute bank mortgage documents; misrepresentation claim rejected; lender advanced TSh 38,000,000; loan not induced by undue influence; borrower breached repayment and interest obligations; damages and interest awarded; counterclaim dismissed.
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10 December 2015 |
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Withdrawal of an application does not excuse costs; costs follow the event absent good reason.
Costs — general rule that costs follow the event; withdrawal of application — whether unargued withdrawal excuses costs; section 30(2) CPC; authorities: Hussein Janmohamed, Mulla on CPC; discretionary refusal of costs requires good reason.
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8 December 2015 |
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Allegation that a mortgage loan was not taken entitles the mortgagor to unconditional leave to defend a summary mortgage suit.
Civil Procedure — Summary mortgage proceedings — Order XXXV r.3 (as amended by Mortgage Financing (Special Provisions) Act 2008) — leave to defend where mortgagor alleges loan was not taken or discharged — affidavit threshold for defence.
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7 December 2015 |
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Court allowed correction of a misdescribed defendant's name and held counsel bound by prior verified filings.
Civil procedure – Amendment of pleadings – Mistaken description of party’s name; s.97 Civil Procedure Code (Cap.33 R.E.2002) – court’s power to amend to determine real questions; Advocate’s verification and affidavits as evidence of authority to represent; Bona fide mistake; Amendment preferred over substitution or dismissal where no injustice results.
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7 December 2015 |
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An arbitral award must be filed and registered by the Registrar on receipt; objections are premature until registration.
Arbitration — filing and registration of awards — 'cause the award to be filed' permits arbitrator to instruct another to file; 'registered post' includes modern couriers; Registrar must file and register award upon receipt; court lacks jurisdiction to consider objections (including limitation/time-bar) prior to filing.
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4 December 2015 |
| November 2015 |
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27 November 2015 |
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Application withdrawn but applicant ordered to pay respondent's costs; costs ordinarily follow the event.
Civil procedure — Withdrawal of application — Costs — General rule that costs follow the event — s.30(2) Civil Procedure Code — No good reason to depart where respondent incurred costs preparing and appearing — Withdrawal marked with costs.
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26 November 2015 |
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Withdrawal of an application does not prevent an award of costs; costs ordinarily follow the event absent good reason.
Civil procedure – withdrawal of application to amend plaint – costs follow the event – court must give reasons if departing from rule – party’s incurred preparation and filings justify awarding costs.
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26 November 2015 |
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A bill of costs must be filed within 60 days from the pronouncement of judgment; late taxation is incompetent.
Limitation — Bill of costs — Item 21 Part III First Schedule Law of Limitation Act — 60 days runs from date judgment pronounced; attachment of judgment/decree not mandatory; taxation proceedings filed out of time are incompetent.
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26 November 2015 |
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A sale contract was frustrated by a government claim; plaintiff entitled to refund of deposit with interest.
Contract law – Sale of land – Existence of written sale agreement and proof of deposit payment. Frustration of contract – Third-party governmental claim (Tanzania Building Agency) frustrating performance
Remedies – Specific performance declined where contract frustrated and delay extensive; restitution under Contract Act s.73 awarded. Interest and costs – interest fixed (3% pre-judgment; 7% post-judgment) and defendant ordered to pay half costs
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26 November 2015 |
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24 November 2015 |
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Insufficient documentary proof reduced awarded rent; judgment limited to admitted Tshs.11,000,000 with 7% statutory interest; trial costs awarded to respondents.
Civil procedure – proof of contract and payments – documentary evidence preferred over oral testimony; admission of debt binds party; interest limited to statutory rate absent contractual provision; duty to give reasons when refusing costs.
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20 November 2015 |
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20 November 2015 |
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An omnibus chamber summons joining distinct, statute‑based remedies was incompetent; stay/extension reliefs not supported by Section 95 CPC.
Civil procedure – Omnibus applications – Combining distinct reliefs governed by different statutes; Appellate procedure – Extension of time to file notice of appeal (Appellate Jurisdiction Act) vs stay of execution – jurisdictional separation; Section 95 CPC (inherent powers) not an enabling provision for stay/extension in these circumstances; Court of Appeal authorities (MIC Tanzania Ltd and Rutagatina CL) – permissibility of combined prayers is case-specific and omnibus applications are discouraged.
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18 November 2015 |
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Application to attach immovable properties refused for failure to prove the properties belong to the judgment debtor under Order XXI Rule 12.
Civil Procedure — Execution of decree — Attachment and sale of immovable property — Requirements under Order XXI Rules 12 and 15. Proof of ownership — Title and official search — Official search required to establish current registration in judgment debtor's name. Attachment of third-party property — Court must avoid attaching properties not belonging to judgment debtor. Procedural compliance — Non-compliance with statutory requirements warrants refusal of execution application
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16 November 2015 |
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The applicant's negligent-misstatement claim failed; the respondent's counterclaim for unpaid levies was granted and the applicant's case dismissed with costs.
Commercial law – agency and revenue collection; breach of contract for failure to remit collected levies; negligent misstatement — supply of repealed statute does not justify charging unlawful levy; reliance on documentary bank and receipt evidence; counterclaim for unpaid municipal levies granted.
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13 November 2015 |
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Plaintiff collected hotel levies but breached the contract by failing to remit funds; defendant's counterclaim succeeds.
Contract law – breach of revenue-collection agreement – agent’s duty to remit collections
Agency – proof of representation and vicarious acts by agent/representative. Administrative/tax law – effect of repeal of statute and lawful levy rate; Local Government Finances Act authority for 2.5% rate
Misrepresentation – negligent misstatement requires proof; supplying repealed law did not establish liability
Remedies – dismissal of claimant's damages claim; counterclaim for unpaid levies granted
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13 November 2015 |
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A plaint signed by a qualified advocate is not fatally defective under sections 43–44 of the Advocates Act; preliminary objection overruled.
Advocates Act (ss.43–44) – signature and drawer requirements – provisions target unqualified persons preparing court documents
Pleadings – validity of plaint signed by a qualified advocate – not incurably defective. Constitutional avoidance – resolve by statute where possible; invoke Constitution sparingly
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12 November 2015 |
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Unsigned joint written statement of defence struck out; parties may not pre-empt a preliminary objection by amending at hearing.
Civil procedure – Preliminary objection – Pleadings not signed by party – Failure to comply with Order VI, rule 14 – Pleading struck out. Civil procedure – Amendment and refiling – A party may not pre-empt a preliminary objection by amending or refiling at hearing. Civil procedure – Permission to file fresh defence subject to limitation
Costs – Waiver by plaintiff; no order as to costs
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12 November 2015 |
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Court granted temporary injunction restraining share settlement and transfers pending suit, limited to six months; costs in the cause.
Interim injunctions – Order XXXVII r.1 and r.3 CPC – Restraint on using CDS account to settle transactions and on registration of share transfers – Duration limited to six months (extensions up to one year aggregate) – Costs where respondents concede: costs in the cause.
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12 November 2015 |
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Application to summon an unlisted witness without a witness statement disallowed for circumventing Rule 49 of Commercial Rules.
Commercial Division procedure – Rule 49: mandatory filing of witness statements (timing and exclusivity)
Civil Procedure Code – Order 16 Rule 1: issuance of summonses pertains to party witnesses who are listed/have given statements
Civil Procedure Code – Order 16 Rule 14: Court's power to summon strangers to the suit. Procedural abuse – using Order 16(1) to circumvent Rule 49 is impermissible
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9 November 2015 |
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9 November 2015 |
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Counterclaim against supplier dismissed as time‑barred; counterclaim against bank allowed to proceed; bank’s preliminary objections overruled.
Limitation of actions — accrual of cause of action for account/contract claims; six‑year limitation for contractual claims; scope and propriety of preliminary objections on limitation; cause of action — existence where material facts are disputed; when counterclaims may be struck as frivolous or time‑barred.
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6 November 2015 |
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Loan recovery succeeds against borrower; district council guarantee invalid for lack of authorised consent.
Civil procedure – loan recovery – borrower liability established by documents and witness evidence; guarantee law – deed of guarantee issued by district executive without council minutes or resolution invalid for lack of authority; contract law – misrepresentation/mistake and Sections 19 & 76 of the Law of Contract (Cap 345) discussed; payment/disbursement – funds paid to supplier as agent evidenced by vouchers and delivery notes.
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6 November 2015 |
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Applicants failed to show sufficient reason to extend time to file witness statements; application dismissed with costs.
Extension of time – discretionary relief – applicant must show sufficient reasons on balance of probabilities; delay must be fully explained day by day; sickness or unavailability of counsel/custodian and missing originals insufficient absent specific account and supporting affidavit; Court of Appeal Rule 8 analogy not applicable to filing witness statements under Commercial Division Rules.
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4 November 2015 |
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Res subjudice inapplicable where prior suit does not identically cover the whole subject matter; objection overruled, suit to proceed.
Civil Procedure — Res subjudice (section 8 CPC) — Requirements: two pending suits; same parties/title; matter directly and substantially identical; competent jurisdiction — Identity of whole subject matter required — Overlap of issues insufficient to invoke res subjudice.
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3 November 2015 |
| October 2015 |
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Court dismissed application to set aside arbitral award, holding factual or legal errors alone insufficient without misconduct or apparent error.
Arbitration — Setting aside arbitral award — Arbitration Act s.16 — Court may set aside only for arbitrator misconduct, corruption/fraud or error apparent on face — Errors of fact or law and re‑weighing evidence are not grounds for annulment — Limited judicial review of arbitral awards.
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30 October 2015 |
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Typographical statute citations are amendable; affidavits with mixed fact and law not necessarily incurably defective.
Commercial procedure – preliminary objections – incorrect statutory citation: typographical errors may be cured by amendment; affidavit containing mixed legal and factual statements not necessarily incurably defective (Ex parte Matovu) – amendment allowed under Rule 24(3)(a) GN 250/2012.
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30 October 2015 |
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Court pierced corporate veil and held a director personally liable for unpaid company decretal sum, ordering payment within 30 days.
Execution of decree – Order XXI Rules 9 & 10 – arrest/detention as civil prisoner – lifting corporate veil – exceptions to Salomon – inherent powers under Section 95 CPC – pending appeal not a bar absent stay of execution.
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30 October 2015 |
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Court pierced corporate veil, held a director personally liable for unpaid decretal sum and ordered payment within 30 days.
Companies law – separate legal personality (Salomon) and exceptions – lifting corporate veil in exceptional circumstances to hold directors personally liable. Civil procedure – execution of decree under Order XXI Rules 9 & 10 – arrest/detention as civil imprisonment versus monetary enforcement
Appeals – pending appeal does not stay execution absent a court order staying execution. Inherent powers – use of section 95 Civil Procedure Code to pierce corporate veil where directors neglect decree payment
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30 October 2015 |
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29 October 2015 |
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26 October 2015 |
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A decree cannot be executed against a different-named company; committal of its director was refused.
Execution — identity of judgment debtor — importance of correct registered company name; decree cannot be executed against a stranger to the arbitration/decree; committal to civil prison refused where execution party differs from arbitration party; registration of arbitral award and lifting corporate veil not determined as unnecessary.
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17 October 2015 |
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Insurer validly repudiated total-loss claim due to insured’s suppression of driver’s licence; suit dismissed with costs.
Insurance law – Utmost good faith (uberrimae fidei) – Suppression of material facts (driver’s licence) – Repudiation of claim – Pre-accident market value and depreciation – Non-recovery of consequential towing/storage/hire costs where insurer’s repudiation justified.
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16 October 2015 |
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16 October 2015 |
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Agent lacked express authority to sue; storage company proved unpaid storage charges and recovered USD124,792.93 with interest and costs.
Agency law — agent’s locus standi to sue — express authority required to bind principal or institute proceedings; Contract law — privity of contract prevents an agent without express authority from enforcing principal’s contracts; Civil evidence — storage provider proved unpaid storage charges on balance of probabilities; Remedies — interest and costs awarded.
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16 October 2015 |
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An agent without express authority cannot sue for a disclosed principal; the applicant proved outstanding storage charges.
Agency law – locus standi – disclosed principal – express authority required for agent to bind or sue on behalf of principal; Privity of contract – agent cannot enforce principal’s contracts absent authority; Proof of storage services – balance of probabilities; Interest and costs awarded.
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16 October 2015 |
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A claimant must establish the existence/whereabouts of disputed goods before interlocutory preservation or sampling orders are granted.
Interlocutory injunctions – requirement of prima facie case, irreparable harm and balance of convenience (American Cyanamid/Atilio test). Preservation orders – property must exist or whereabouts be certain (Order XXXVII r.1(a) CPC). Court’s role – limits on court‑ordered investigative steps (sampling/detention) at interlocutory stage. Effect of police custody and third‑party/administrative findings on interim relief
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15 October 2015 |
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Applicant withdrew extension application; court held respondent entitled to costs as costs ordinarily follow the event.
Application for extension of time under Law of Limitation; preliminary objection on applicability and jurisdiction; withdrawal of application; costs ordinarily follow the event; section 30(2) CPC requires written reasons to depart from costs rule; withdrawal marked with costs where respondent incurred preparation and attendance expenses.
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15 October 2015 |
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15 October 2015 |
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Application for leave to defend a mortgage summary suit struck out for being instituted under the wrong statutory provision.
• Civil procedure – summary suit – competence of application – citation of correct sub‑rule of Order XXXV r.3(1) after 2008 amendment (Mortgage Financing Act) • Amendment – Rule 24 – cannot cure an application that is legally incompetent • Incompetency – defect going to root of proceedings renders application non‑existent; must be struck out • Parties' consent – "no objection" cannot confer legal competence
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15 October 2015 |
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Time for referring Taxing Officer's decision runs from issue/supply of the certified copy, not from ruling delivery.
Advocates' Remuneration and Taxation of Costs Rules – rule 5(2) – time limit for referral – 21 days runs from issuance/supply of certified copy, not delivery of ruling. Procedural proof – affidavit averring date of supply of certified copy may suffice; annexed certified copy or ERV not always required
Limitation – applications filed beyond 21 days from certified copy are incompetent
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15 October 2015 |
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Taxation of costs must be stayed and the Taxing Officer lacked jurisdiction while a Notice of Appeal was pending.
Taxation of costs – jurisdiction – effect of filing a Notice of Appeal – Taxing Officer must stay taxation while appeal pending; taxation proceedings quashed and remitted to Taxing Officer to be held in abeyance; court declined to rule on quantum, VAT or separate bills pending revival of proceedings.
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15 October 2015 |