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Citation
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Judgment date
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| December 2018 |
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Suit struck out as time-barred, lacking mandatory 30-day notice and for suing the wrong party (District Executive Director).
* Limitation law – tort – cause of action in 2009 – item 6, Part I, Law of Limitation Act (three-year limitation) – claim time-barred.
* Local Government (District Authority) Act s.190(1) – requirement of 30-day statutory notice of intention to sue a local authority – non-compliance is a fatal procedural defect.
* Civil procedure – proper party to sue – District Council (legal person) v. District Executive Director (official) – wrong party sued leads to dismissal/striking out.
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21 December 2018 |
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A refund claim for land purchase money due to non-delivery of possession is contractual and within the trial court's jurisdiction.
Jurisdiction — land disputes v contractual claims; sale of land — refund of purchase price; definition of land dispute as ownership or occupation; ordinary civil court competent to hear contractual claims relating to land sale.
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21 December 2018 |
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19 December 2018 |
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19 December 2018 |
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19 December 2018 |
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18 December 2018 |
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Court held it had jurisdiction under Order XXI r.62 to hear a suit challenging execution despite prior appellate declaration.
* Civil procedure — Execution proceedings — Order XXI r.62 CPC — Party against whom an execution order is made may institute suit to establish rights to disputed property.
* Res judicata and precedent — Prior appellate declaration of ownership does not automatically bar a fresh suit under Order XXI r.62 where the objector was not party to earlier proceedings.
* Jurisdiction — High Court entitled to hear substantive suit arising from execution objections; preliminary objection overruled.
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18 December 2018 |
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14 December 2018 |
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13 December 2018 |
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12 December 2018 |
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A bank supplying incorrect credit-bureau data must rectify it and may be liable for losses caused by its failure.
* Credit reporting – duty to ensure correctness and to rectify inaccurate entries – bank’s responsibility when it supplies data to credit bureau.
* Negligence – failure to correct credit information amounts to negligent handling of customer’s credit status.
* Evidence – use of section 122 Evidence Act to infer facts from parties’ conduct and correspondence.
* Damages – recoverability where adverse credit reports cause inability to obtain finance.
* Liability allocation – inability to shift responsibility to Bank of Tanzania/CRB where bank supplied data and admitted error.
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6 December 2018 |
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5 December 2018 |
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4 December 2018 |
| November 2018 |
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Court quashed federation disciplinary decisions for breach of natural justice and failure to comply with Ethics Code formalities.
Judicial review – certiorari – procedural fairness and natural justice in disciplinary proceedings; compliance with TFF Ethics Code (rules 56, 57, 58, 69) – validity of decision (signatures, composition, date, grounds); affidavit verification and jurat formalities.
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30 November 2018 |
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An appeal missing the decree required by Order XXXIX r.1(1) CPC is incompetent and is struck out with costs.
Civil procedure — Appeal — Memorandum of appeal must be accompanied by a copy of the decree — Order XXXIX r.1(1), Civil Procedure Code (Cap 33 R.E.2002) — Noncompliance renders appeal incompetent — Appeal struck out with costs.
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27 November 2018 |
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The applicant's application to register arbitral awards under section 17 was granted; awards ordered registered as court decree.
Arbitration – Registration of arbitral awards under section 17 of the Arbitration Act; proof of payment of court fees; registration by Deputy Registrar to form part of court decree.
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27 November 2018 |
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27 November 2018 |
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Advocate's negligent advice does not justify extension of time; alleged illegality must appear on the face of the record.
Matrimonial property — application for extension of time to appeal — discretion to extend time — negligence of counsel not sufficient excuse — illegality as ground for extension only if on the face of the record — duty to account for all periods of delay (Lyamuya).
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26 November 2018 |
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26 November 2018 |
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Appellant failed to prove breach of a film-production contract; the appeal is dismissed and no costs awarded.
Contract law – breach of contract – proof on balance of probabilities – credibility of witnesses – ambiguity in contract terms – failure to complete performance due to lack of funds – remedy: appeal dismissed, no costs.
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26 November 2018 |
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Closure notice stopped new orders but did not cancel prior orders; appellant failed to prove post-closure deliveries or unpaid pre-closure invoices.
Contract — effect of notice of closure on pre-existing purchase orders; burden of proving delivery — requirement for delivery notes or receiving officers; evidential value of adverse party's documents; pleadings binding parties; assessment of oral testimony where original documents lost.
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26 November 2018 |
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26 November 2018 |
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23 November 2018 |
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21 November 2018 |
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20 November 2018 |
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19 November 2018 |
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15 November 2018 |
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Taxing officer reduced instruction fee, allowed statutory attendance and proven disbursements, taxing total to TShs.4,438,000.
* Advocates Remuneration Order 2015 – taxation of advocates’ costs; reasonableness of instruction (brief) fees; * Allowable attendance fees – schedule/rule 3(o) (TShs.50,000 per attendance); * Proof of disbursements – receipts and nexus; * Taxing officer’s discretion – Orders 10(1) and 12(1)–(2); * Authorities on brief fees: consideration of work, difficulty and importance of the case.
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13 November 2018 |
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13 November 2018 |
| October 2018 |
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31 October 2018 |
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31 October 2018 |
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31 October 2018 |
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31 October 2018 |
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31 October 2018 |
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A monetary claim may survive death, but failure to substitute the deceased’s legal representative within 90 days causes abatement.
Civil procedure – substitution of deceased party – Order XXII r.4(1),(3) Cap 33 R.E.2002; Limitation Act Item 16 Part III – 90‑day period to apply for legal representative; Survival of monetary claims – s.9(1) Law Reform (Cap 310); Abatement where no timely application; Court raising abatement suo motu.
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30 October 2018 |
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30 October 2018 |
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30 October 2018 |
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Failure to join the Treasury Registrar after statutory vesting rendered the suit incompetent and required striking out.
* Public law – Vesting order (GN. 203 of 2014) – Transfer and vesting of residual functions, assets and liabilities in Treasury Registrar – Effect on capacity to be sued.
* Civil procedure – Non-joinder of necessary party – Requirement to join Treasury Registrar where entity ceased to exist.
* Government Proceedings Act – Section 6(2) – Statutory 90-day notice to Attorney General before suing the State – Compliance precondition to joinder.
* Remedy – Striking out suit for failure to comply with statutory notice and for non-joinder of necessary party.
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29 October 2018 |
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26 October 2018 |
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25 October 2018 |
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25 October 2018 |
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Applicant’s unexplained delay and unsupported reliance on counsel’s negligence do not justify extension of time to set aside the judgment.
* Limitation of actions – extension of time under s.14(1) Law of Limitation Act – requirement to show sufficient or reasonable cause. * Civil procedure – applicant must account for each day of delay when seeking enlargement of time. * Negligence of counsel and asserted denial of hearing (audi alteram partem) are not automatically sufficient grounds for extension without adequate explanation.
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25 October 2018 |
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Failure to apply for leave to depart an expired speed track results in striking out of the suit.
Civil Procedure — Order VIII A Rule 4 — Scheduling Conference (speed track) — departure or amendment requires prior leave of court — party must apply before expiry — costs normally on party benefiting from amendment — failure to apply leads to striking out.
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25 October 2018 |
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Where evidence shows joint contribution, a matrimonial house is divisible equally; lower courts misapprehension warranted correction.
Matrimonial property – Joint efforts – Contribution includes financial and domestic efforts – Second appeal standard for interference with concurrent findings – Equal division of jointly acquired matrimonial house.
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25 October 2018 |
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25 October 2018 |
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24 October 2018 |
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A joint affidavit sworn without co-deponents' consent and across differing religions is incurably defective, warranting striking out the application.
Affidavit — joint affidavit — competence — requirement of consent/endorsement by co-deponents — religious conformity of joint deponents — preliminary objection on point of law — striking out for incurably defective affidavit.
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22 October 2018 |
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Plaintiff entitled to withheld contractual sums and Tsh 10,000,000 damages; no order as to costs.
* Contracts — payment for completed public works — entitlement to withheld sums upon certificate of handing over; * Retention — legitimacy and sufficiency of retention to secure remedy for alleged defect; * Evidence — weight of Regional Engineer's recommendation; * Remedies — damages awarded in lieu of claimed market-value uplift and interest; * Procedure — ex parte judgment where defendants abscond and fail to prosecute their defence.
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19 October 2018 |
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A suit re-litigating issues already disposed by a prior order is barred by res judicata and is an abuse of process.
* Civil procedure – res judicata – prior court order disposing the same controversy bars relitigation.
* Civil procedure – functus officio – court cannot rehear matters already finally disposed.
* Civil procedure – abuse of process – litigant’s conduct and admissions may justify dismissal.
* Remedies – execution/enforcement or appeal are proper routes after a final order, not fresh adjudication.
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19 October 2018 |
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The plaintiff's claim that the bank unlawfully sold mortgaged property failed; sale was lawful and suit dismissed with costs.
* Mortgage enforcement – power of sale and auction sale of mortgaged property
* Notice under contract – validity of notices to alternative addresses
* Default – effect of non-payment and review clause not excusing repayment
* Special damages – requirement of strict proof for claimed business losses
* Lawfulness of sale – compliance with advertisement and recovery procedures
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19 October 2018 |