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Citation
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Judgment date
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| November 2025 |
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Withdrawal from a court lacking jurisdiction does not bar refiling; res judicata requires prior judgment by a competent court.
* Civil procedure – preliminary objection – res judicata – Section 11 CPC – conjunctive conditions must be satisfied for res judicata to apply.
* Jurisdiction – pecuniary limits – commercial cases – District Court lacks jurisdiction where claim exceeds TZS 70,000,000 (Section 40(3)(b), Magistrates' Courts Act).
* Withdrawal and refiling – Order XXIII CPC – withdrawal from a court lacking jurisdiction does not attract the bar on refiling without leave; such proceedings are void.
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10 November 2025 |
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Non‑compliance with mandatory page limits and failure to attach annexures warrants striking out the suit.
* Civil procedure – Commercial Court Rules – Rule 19(1) – mandatory ten‑page limit for pleadings.
* Civil procedure – Pleadings – annexures must be produced and filed with plaint (Order VII, Rule 14 CPC).
* Civil procedure – Overriding objective principle cannot override mandatory procedural provisions.
* Civil procedure – Amendment of pleadings – limits where party repeatedly fails to comply; striking out as remedy.
* Judicial practice – Prior related orders do not bar a court from enforcing compliance; court suo motu may strike out.
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7 November 2025 |
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Execution of a valid ex‑parte status quo order was allowed; respondents must obey and a broker was appointed to effect eviction and restoration.
Civil procedure – execution of ex‑parte status quo order; obedience to court orders; stay of execution pending inter‑partes hearing; appointment of Court Broker to effect eviction and restoration.
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7 November 2025 |
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High Court has jurisdiction over contractual enforcement claims involving land; permitted amendment to add a defendant did not contravene court order.
Commercial dispute arising from sale agreement; High Court jurisdiction where dispute concerns enforcement/breach rather than land title; specific performance relief read as whole; amendment of pleadings to add a party within court order; no prejudice where amendment was ordered and permitted.
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7 November 2025 |
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Court upheld the debt agreement, found goods conforming or replaced, and awarded TZS 950,823,328.99 with interest and costs.
* Commercial law – Debt settlement agreement – validity and execution – inference of corporate authority from conduct and supporting documents.
* Commercial law – Post-dated cheques – admissibility and probative value where not specifically controverted.
* Contract performance – Supply of goods – conformity to technical standards when contract is silent on precise benchmark; remedy by replacement.
* Evidence – Evasive denial in pleadings treated as technical admission; burden to prove signature/authority.
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7 November 2025 |
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Applicant's attempt to avoid arbitration dismissed as the Court had already ruled and lacked jurisdiction to revisit the issue.
Arbitration clause – enforcement – stay of proceedings – functus officio prevents re‑litigation of matters decided on a preliminary objection; Wrong citation of enabling provisions – fatal where court lacks jurisdiction; Waiver/exceptional circumstances – not considered once earlier ruling stayed suit.
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7 November 2025 |
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Company wound up after audit showed liabilities far exceeding assets and inability to pay debts; Administrator General appointed liquidator.
Companies Act — Winding up by court — Inability to pay debts — Special resolution by board — Admissibility and weight of CAG audit report — Company ceased operations — Appointment of Administrator General as liquidator — Protection of creditors' and employees' claims.
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7 November 2025 |
| October 2025 |
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Extension granted for technical delay; alleged illegality not shown to be apparent on the record.
Extension of time; technical delay as sufficient cause; illegality must be apparent on the face of the record to justify extension; accounting for delay; exercise of judicial discretion; costs — each party to bear own.
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28 October 2025 |
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Failure to exhaust Bank of Tanzania regulatory complaint mechanisms renders the banking claim incompetent and is dismissed.
* Banking and financial consumer protection – Bank of Tanzania (Financial Consumer Protection) Regulations, G.N. No. 884 of 2019 – mandatory complaint-handling and redress mechanisms – exhaustion of remedies required before court proceedings.
* Administrative remedies – BoT Complaint Desk and revision by the Governor – remedies include refund, compensation and orders against financial service providers.
* Jurisdiction – failure to pursue statutory regulatory remedies renders suit incompetent; judicial review of BoT decisions lies to the High Court (ordinary registry).
* Civil procedure – Court may raise competence suo motu; discretion as to costs when dismissal is for lack of competence.
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28 October 2025 |
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Applicant failed to show sufficient cause for extension; 59-day unaccounted delay and alleged illegality not shown on face.
* Civil procedure — Extension of time — Application for extension to file notice of appeal — Factors: length and reasons for delay, arguable case, illegality apparent on face of record, prejudice. * Technical delay — distinction between true technical delay and negligence; requirement that original appeal be timely and fresh appeal filed immediately. * Illegality as ground for extension — must be clear on face of record, not established by submissions. * Duty to account for each day of delay (Bushiri).
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28 October 2025 |
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An excusable technical online-filing error constituted sufficient cause to grant an extension to file a bill of costs.
* Civil procedure – Extension of time – Sufficient cause – Technical/administrative error in online filing system – Timely original filing rendered incompetent – Applicant acted promptly.
* Advocates Remuneration Order (GN. No. 263 of 2015) – Rule 4 – Bill of costs to be filed within 60 days from order awarding costs.
* Authorities – Lyamuya Construction Co. Ltd; Masha v. Shija; cases on technical delay as good cause.
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28 October 2025 |
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Extension of time granted where counsel’s illness, technical delay and arguable illegality amounted to sufficient cause.
Extension of time – sufficient cause – counsel’s serious illness (stroke) – technical delay (initial appeal struck out) – Lyamuya factors applied – alleged illegality of impugned decision – Principal Secretary/Devram Valambia principle – costs each party to bear own.
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27 October 2025 |
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Mortgagee's failure to serve statutory notices rendered the foreclosure sale unlawful and breached its banker–customer duty.
* Land law – mortgage enforcement – statutory notice of default (60 days) – mortgagee must serve notice before sale; failure vitiates sale
* Auction procedure – Auctioneers Act – 14‑day notice requirements and mandatory contents for sale notices
* Banking law – banker–customer duty – duty to give contractual and statutory notices before exercising power of sale
* Evidence – submissions are not evidence; burden to prove sale price and consequential loss
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24 October 2025 |
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The applicant's plaint disclosed no cause of action against the respondents' directors; respondents' late defences were struck out.
* Commercial procedure – Rule 20(1) H.C. (Commercial Division) Procedure Rules, 2012 – late filing of defence: defences filed out of time without leave are struck out.
* Civil Procedure – Order VII rule 1(e) and rule 11(a) – plaint must disclose a cause of action and may be rejected if it does not.
* Company law – separate corporate personality (Salomon principle) – directors not personally liable absent pleadings to lift corporate veil.
* Pleading practice – plaintiff must plead facts justifying piercing the corporate veil before proceeding against directors.
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24 October 2025 |
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Court awarded proven outstanding purchase price with interest and costs; rejected unproven payment defence and general damages.
* Commercial law – sale of goods on credit – ledger evidence proving indebtedness. * Burden of proof – claimant must prove debt; defendant must produce specific evidence to rebut. * Civil procedure – parties are bound by pleadings; submissions cannot substitute evidence. * Damages – specific damages must be pleaded and proved; juristic persons cannot claim emotional distress. * Remedies – award of principal, interest and costs where debt proved.
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24 October 2025 |
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Extension of time granted for appeal due to technical delay and arguable illegality (jurisdiction/arbitration issue).
Extension of time; sufficient cause; technical delay while prosecuting prior applications and appeals; allegation of illegality (arbitration clause allegedly ousting jurisdiction) as arguable ground; ten days granted to file Notice of Appeal; costs each party own.
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24 October 2025 |
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Execution by attachment allowed; order to compel directors to disclose asset locations disallowed; debtor failed to show sufficient cause.
* Civil procedure – Execution of monetary decree – Attachment and sale of movables – Judgment debtor must show sufficient cause to resist execution.
* Civil procedure – Modes of execution – Committal not sustained where not prayed; ordering directors to disclose asset locations not a recognised mode for monetary decrees.
* Evidence – Alleged non-existence or damage of assets is factual issue for verification during execution.
* Procedure – Clerical errors in court notices may be rectified; lack of stay or appeal supports proceeding with execution.
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24 October 2025 |
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A members' special resolution and demonstrated insolvency justified voluntary winding-up and appointment of an Official Receiver.
Companies Act – Voluntary winding-up – members' special resolution under s.279(1)(a); insolvency (inability to pay debts; liabilities exceeding assets); procedural compliance (publication; notices to BRELA and TRA); appointment of Official Receiver under ss.291–292; costs where no objection.
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24 October 2025 |
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Plaintiff’s failure to plead a cause of action against the second defendant warranted striking out the suit.
Civil procedure – Order VII r.11(a) – plaint must disclose cause of action against each defendant; corporate personality – lifting the corporate veil requires pleaded facts; failure to plead causes of action against a director/individual warrants striking out the suit.
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24 October 2025 |
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Applicant failed to prove link or concealment necessary to pierce corporate veil and enforce the decree.
Corporate veil – lifting/piercing – requirement to prove absence of real separation between company and owners; must show wrongful or fraudulent acts (e.g., concealing assets) obstructing execution; exhaustion/adequacy of execution efforts and particulars of asset searches; evidentiary standard to justify piercing veil (Yusuph Manji principles).
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24 October 2025 |
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Application to arrest judgment debtors dismissed for failing to prove statutory conditions for committal under Order XXI Rule 39(2).
* Execution — Arrest and detention of judgment debtor — Conditions for committal under Order XXI, Rule 39(2) CPC — proof of transfer/concealment, preference, refusal to pay while able, or likelihood to abscond. * Lifting corporate veil — directors held personally liable does not alone justify committal without statutory grounds. * Credibility of repayment proposals and bona fides in execution proceedings.
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24 October 2025 |
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A final consent decree cannot ordinarily be reopened by a fresh suit; doing so may amount to abuse of process.
Functus officio; Consent judgment and decree; Abuse of court process; Proper remedy for alleged fraud in consent decree — review/revision v. fresh suit; Execution of consent decrees.
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22 October 2025 |
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Court registered and entered arbitral award as judgment, enforcing lease-breach damages, interest, fees, and return of keys.
* Arbitration — Registration and enforcement of arbitral award — Regulation 51(6) GN No.146/2021 and section 73 Arbitration Act 2020 — judgment in terms of award enforceable as court judgment. * Contract/Lease — breach for failure to restore premises, failure to give notice, rent arrears, unlawful retention of keys and obstruction to re-letting. * Remedies — compensatory damages, interest, arbitration fees, taxation of legal costs by arbitrator, and return of keys.
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21 October 2025 |
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Filing an arbitral award under Regulation 51(5) constitutes an application for registration and enforcement unless substantive jurisdiction is challenged.
* Arbitration — Filing of award under Regulation 51(5) GN.146/2021 — Filing constitutes an application for registration and enforcement under section 73 Arbitration Act 2020; * Procedure — Regulation 51(4)–(7) — filing triggers notice, show-cause and summary registration/enforcement process; * Jurisdiction — Section 73(3) — sole ground to refuse registration is lack of substantive jurisdiction of arbitral tribunal; * Civil procedure — Multiplicity of filings does not automatically attract striking out absent res subjudice or proven abuse.
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21 October 2025 |
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Whether an arbitral award filed under the repealed Arbitration Act is registrable despite procedural, constitution and fee-payment objections.
Arbitration — registration and enforcement of arbitral awards — applicability of repealed Arbitration Act and Rules versus 2nd Schedule CPC and Arbitration Act 2020 — tests for registrability under section 17 of the repealed Act — waiver of substantive jurisdictional objections not raised before arbitrator — arbitrator’s lien and payment of fees by one party does not automatically prove bias.
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17 October 2025 |
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Trade-dress infringement found where respondent's packaging caused consumer confusion; applicant awarded injunction, damages and costs.
Trade marks – Trade dress/get-up infringement – Section 32(2)(a) Trade and Service Marks Act – Consumer confusion (average consumer standard) – Indirect confusion/passing off – Proof of specific and general damages – Permanent injunction and costs.
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17 October 2025 |
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A defaulting defendant lacks locus standi to challenge affidavits in ex parte default-judgment proceedings.
Civil procedure – Default judgment – Ex parte nature of default-judgment proceedings under Commercial Court Rules – Locus standi of defaulting defendant to file incidental applications; Arrest/stay of judgment (common law) – available only where reserved judgment exists or intrinsic defects on face of record; Affidavit rules – allegations of argumentative or extraneous content not determinative once jurisdiction lacking.
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10 October 2025 |
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A Taxing Officer may not stay execution of taxed costs absent a party’s application or proper jurisdiction; unpleaded reliefs cannot be granted.
* Taxation procedure – Taxing Officer’s jurisdiction – Whether a Taxing Officer can stay execution of taxed costs absent an application or execution proceedings.
* Civil procedure – Reliefs not pleaded – Courts cannot grant unpleaded reliefs.
* Execution of decree – Stay of execution must be sought by proper procedure before a competent forum.
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10 October 2025 |
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Court granted extension of time due to technical delay and an apparent illegality warranting appellate review.
Extension of time – Discretionary relief – Lyamuya factors (account for delay; inordinate delay; diligence; other sufficient reasons).; Technical delay – appeal lodged in time but struck out – may justify extension if promptly addressed.; Illegality – manifest and important point (suo motu substitution of parties / denial of right to be heard) can constitute sufficient reason to extend time.; Civil procedure – filing/registry errors and rectification of procedural defects.
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10 October 2025 |
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Default judgment awarded for plaintiff for deficient cashewnut delivery; defendant ordered to pay compensation, interest and costs.
Commercial law – Default judgment under Rule 22 – Proof by affidavit and annexures (invoices, bank transfers, PDNs) – Short delivery of goods (raw cashewnuts) – Award of compensation, interest and costs; execution subject to Rule 22(2) publication requirement.
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6 October 2025 |
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Court records parties’ settlement as consent judgment and decree, enforceable with acceleration on default.
Civil Procedure — Settlement and compromise — Recording of settlement under Order XXIII Rule 3 — Consent judgment — Effect as decree; Commercial claim — Admission of debt; Payment schedule and acceleration clause; Waiver of further interest on full payment; Binding on successors; Costs borne by each party.
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6 October 2025 |
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Whether a performance bond claim was liquidated and whether the Taxing Officer’s USD 75,000 instruction fee was excessive.
Advocates' Remuneration Order — liquidated vs unliquidated claims; application of Ninth Schedule (liquidated sums) v. Eleventh Schedule; taxation of instruction fees; reasonableness of costs where suit dismissed on preliminary objection.
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6 October 2025 |
| September 2025 |
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Default judgment granted for unpaid contract balance after substituted service and absence of defence.
* Commercial law – breach of contract – supplier failed to deliver contracted maize quantities; default judgment under Rule 22(1).
* Service of process – repeated personal service attempts and substituted service by publication justified default proceedings.
* Evidentiary proof – affidavit and annexed contract, bank transfer, corporate registry extract and correspondence sufficient to prove claim and outstanding balance.
* Remedies – award of principal, pre- and post-judgment interest at specified rates, general damages and costs; execution subject to Rule 22(2).
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30 September 2025 |
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Application to amend defence over licence-ownership facts denied; post-mediation amendments discouraged to prevent prejudice.
* Commercial Procedure – Amendment of pleadings – Rule 24(1) & (3)(b) – dual test: determine real question in controversy and achieve justice.
* Pleadings – locus standi and cause of action – defects in plaint versus defendant’s Written Statement of Defence.
* Civil procedure – timing of amendments – amendments after mediation and at pre-trial stage discouraged to protect mediation confidentiality and prevent prejudice.
* Evidence procedure – newly discovered documents may be tendered or used in cross-examination rather than by amending defence.
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26 September 2025 |
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Applicant granted 14‑day extension to seek registration and enforcement of arbitral award due to technical delay and necessary documents.
Extension of time – Limitation Act s.14(1) – registration and enforcement of arbitral award – technical delay – necessity of arbitrator’s approval letter and certified ruling – functus officio and accounting for each day of delay.
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26 September 2025 |
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Court granted extension to file and register arbitral award, finding technical delay excused and applicant diligent.
Arbitration — Extension of time under Law of Limitation Act s.14(1) — Technical delay after striking out a timely but incompetent application — Lyamuya criteria (account for delay, inordinate delay, diligence) — Fortunatus Masha distinguished — Registration/recognition procedure under Arbitration Act and Rules.
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26 September 2025 |
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Default judgment granted where respondent failed to defend and applicant proved contractual breach and damages.
Commercial procedure – Default judgment under Rule 22(1) – prerequisites: service, failure to file WSD, plaintiff’s motion in Form No.1, and proof by affidavit; Affidavit and documents as substitute for oral evidence; Contract law – existence, breach and proof of quantum; Damages – specific (outstanding debt) and general damages; Interest – commercial and decretal rates; Execution conditional on compliance with Rule 22(2).
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26 September 2025 |
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An executing court cannot re‑open or nullify its own decree; application dismissed for lack of jurisdiction (functus officio).
Civil Procedure — Execution — Scope of executing court’s jurisdiction under section 44(1) CPC — Executing court cannot go behind or invalidate its own decree — Functus officio doctrine — Application dismissed for want of jurisdiction.
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26 September 2025 |
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Decree-holder must certify and record acknowledged out-of-court payments despite accrued interest; application partly granted.
Order XXI r.2 Civil Procedure Code – duty of decree-holder to certify out-of-court payments to executing court; uncertified payments not recognized in execution; accrued interest does not absolve duty to record payments; remedy – certification/recording through execution application.
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26 September 2025 |
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Suit struck out as premature for failure to issue contractual Notice of Default before litigation.
Commercial law – credit facility – contractual precondition to litigation – mandatory issuance of Notice of Default under facility agreement; Civil Procedure – preliminary objections – distinction between jurisdictional (pure law) points and factual/forum-convenience matters; ADR – contractual dispute-resolution steps separable and enforceable; s.13 CPC recognition of pre-action notice/ADR.
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26 September 2025 |
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Court grants execution; pre-judgment reconciliation payments cannot be deducted at execution stage without decree certification.
Execution — attachment of bank account — sufficiency of cause to restrain execution; pre-judgment payments and reconciliation — not deductible at execution stage; Order XXI r.2(1) CPC — certification applies to payments under a decree, not pre-judgment settlements.
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26 September 2025 |
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Court sanctioned a listed company's discounted rights issue after finding statutory conditions and notice requirements satisfied.
Companies Act s.62(1)&(2) – Court sanction for issuance of shares at discount – requirements: members' resolution, specification of maximum discount, one‑year business threshold, timing of issue – procedural propriety: petition vs chamber summons and role of publication for public notice – regulator's no‑objection considered.
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26 September 2025 |
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Preliminary objections relying on unpleaded facts or objection‑proceedings findings were overruled; suit may proceed to determine mortgage rights.
* Civil procedure – preliminary objections – point of law vs. factual disputes (Mukisa principle) – preliminary objection invalid where it relies on unpleaded facts requiring evidence.
* Execution/objection proceedings – remedy for unsuccessful objection is institution of a suit under Order XXI Rule 64; objection proceedings do not necessarily give rise to res judicata.
* Pleadings – cause of action – mortgage/loan allegations in plaint sufficient to disclose cause of action against mortgagee/loan party.
* Strike-out – allegations about missing annexures constitute evidence questions and are not a pure point of law for preliminary striking out.
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26 September 2025 |
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Claim for mortgage-secured monies mixed with guarantees does not qualify for summary procedure; suit struck out.
Civil procedure – Summary procedure (Order XXXV, Rule 1(c)(i)) – Suit for payment of monies secured by mortgage – Effect of additional personal guarantees and parties who did not execute the mortgage – Requirement that claim fall squarely within summary procedure before entry of summary judgment.
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25 September 2025 |
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Registration of a foreign arbitral award is governed by a 60‑day limitation under Item 21 and is time‑barred if late.
Arbitration — Registration/enforcement of foreign arbitral award; filing by tribunal letter treated as an application; limitation — Item 21 Part III Law of Limitation Act (60 days) applies where arbitration law is silent; Item 18 (six months) confined to awards under the Civil Procedure Code Second Schedule; foreign award (seat Amsterdam); late registration time‑barred; application dismissed and award struck out.
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23 September 2025 |
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A forum court lacks jurisdiction to set aside a foreign arbitral award; annulment lies with courts of the seat.
* Arbitration — Seat of arbitration — place where award is made determines nationality of award; seat Amsterdam makes award foreign.* Jurisdiction — Supervisory power to set aside/annul an arbitral award resides with courts of the seat, not the forum of enforcement.* Arbitration Act — provisions for setting aside awards (domestic) do not extend to awards whose seat is outside the United Republic; section 29(1) cross-reference in repealed Act is a draftsman’s error.* Distinction between annulment (setting aside) and refusal of recognition/enforcement by forum courts.
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23 September 2025 |
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A successor in title may execute a decree; factual disputes over succession or residential immunity require a merits hearing.
Civil procedure — Execution — Locus standi of successor in title to execute decree; Preliminary objections — must be pure points of law and self‑proofing; Section 48 CPC — protection of residential/matrimonial homes — factual issue requiring evidence (occupancy, mortgage, spouse's consent). |
19 September 2025 |
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Mareva injunction application struck out for being brought by chamber summons instead of a petition under arbitration rules.
Arbitration — interim relief — section 51 Arbitration Act — Rule 63(1)(a) Arbitration Rules requires petition — procedural form for Mareva injunction in arbitration-related disputes — competence of chamber summons versus petition.
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19 September 2025 |
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Taxing officer taxed costs without applying statutory scale; instruction fee reduced from TZS 11,000,000 to TZS 5,000,000.
* Advocates Remuneration Order – Order 46 – Bills of costs must be taxed on prescribed scales unless a Judge certifies departure.
* Eleventh Schedule – item (1)(d) applicable to fees for defending contentious proceedings; minimum TZS 1,000,000 and discretion to award a reasonable sum.
* Excessiveness – taxing officer’s discretion must be exercised judiciously; instruction fee reduced as excessive.
* Order 48 – disallowance pertains to costs of taxation, not automatic disallowance of entire bill.
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19 September 2025 |
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Court recorded and adopted parties’ settlement as consent judgment, making instalment plan and acceleration clause enforceable.
Civil procedure – Consent judgment – Recording and adoption of a deed of settlement under Order XXIII, Rule 3 – Settlement terms enforceable as decree – Waiver, instalment payments, acceleration on default – Parties to bear own costs.
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19 September 2025 |