High Court Commercial Division - 2001

Sort by:

8 judgments

Citation	Judgment date
October 2001
CRDB Ltd vs Morogoro Shopping Center Ltd & 3 Others (Commercial Case No. 140 Of 2001; Commercial Case No. 140 Of 2001) [2001] TZHCComD 9 (24 October 2001) Court entered judgment by admission under Order XII rule 4 after defendants admitted liability and plaintiff raised no objection. Civil procedure – judgment by admission – Order XII rule 4 CPC – defendants' counsel admitting liability and declining to file a defence – plaintiff's acquiescence – court enters judgment by admission.	24 October 2001
September 2001
Joyce Beda Ltd Vs CRDB Bank & 2 Others (Commercial Case No. 67 of 2000) [2001] TZHCComD 1 (24 September 2001) Applicant’s unregistered matrimonial interest did not prevent sale of mortgaged properties; application dismissed with costs. • Family law – Matrimonial home – Protection under s.59 Law of Marriage Act requires the property be the matrimonial home and any registrable interest be protected by a registered caveat. • Civil procedure – Execution against land – s.48(1)(e) CPC protection for residential dwellings is waived where the debtor has voluntarily mortgaged the property. • Judicial conduct – Recusal requests must be supported by evidence; unsupported allegations dismissed.	24 September 2001
August 2001
CRDB Bank Ltd vs Noorally K.J. Dhanani & Another (Commercial Case No. 102 of 2001) [2001] TZHCComD 8 (23 August 2001) Preliminary objection dismissed; issues involved required evidence and were not pure points of law. Civil Procedure – Preliminary objection – Requirement to be raised within the written statement of defense – Suit against guarantors during receivership.	23 August 2001
CRDB Bank Ltd vs Mwamba Enterprises Ltd & Another (Commercial Case No. 50 of 2000) [2001] TZHCComD 2 (10 August 2001) An objection to sale in execution examines possession, not title; possession in trust for the judgment‑debtor disallows the objection. Civil procedure — Sale in execution — Objection under Order XXI rules 57–60 and rule 88(1) — Scope limited to possession not title — Possession held in trust for judgment‑debtor disallows claim under rule 60 — Rule 88(1) inapplicable to a purchaser claiming paramount title.	10 August 2001
CRDB Bank Ltd vs mwamba Enterprises Ltd & another (Commercial Case No. 50 of 2000) [2001] TZHCComD 3 (10 August 2001) An objector in possession but holding the property in trust for the judgment-debtor cannot successfully object to sale in execution. * Civil Procedure — Order XXI rules 57–60 CPC — Objection to sale in execution — scope of inquiry limited to possession, not title or complex fraud allegations. * Possession — actual possession vs. possession held in trust — effect on objection to execution sale. * Order XXI rule 88(1) — setting aside sale for irregularity/fraud — inapplicable where applicant is neither decree-holder nor person statutorily entitled.	10 August 2001
Arusha Planters And Traders Ltd vs Eurafrican Bank Tanzania Ltd (Commercial Case No. 58 Of 2001) [2001] TZHCComD 7 (3 August 2001) Whether a consent judgment alleged to be procured by coercion must be challenged by review or by a separate suit, and whether the underlying suit remains "pending" under O. IV r.3 CPC. Civil procedure — consent judgment — challenge on grounds of fraud/duress/undue influence — proper remedy (review or fresh suit); Commercial jurisdiction — O. IV r.3 CPC — whether a suit remains "pending" when parties seek to recast payment schedule; preliminary objections — limits on adjudicating merits when deciding jurisdictional/processual objections.	3 August 2001
February 2001
CRDB Bank Ltd vs Onesmo Nyakura Ndegi (Commercial Case No. 66 of 2000) [2001] TZHCComD 4 (15 February 2001) Applicant granted unconditional leave to defend after affidavit disclosed bona fide triable issues on mortgage and guarantee. Civil procedure — Order XXXV (summary procedure) — leave to defend — requirement of bona fide triable issue disclosed by affidavit — mortgage and guarantee validity — issues of mixed law and fact requiring full trial; payment into court normally not imposed absent sham defence (Kundanlal; Mugambi; Zola).	15 February 2001
Trust Bank Tanzania Ltd vs LE-Marsh Enterprises Ltd & 2 others (Commercial Case No. 4 of 2000) [2001] TZHCComD 6 (9 February 2001) Guarantors held liable for unpaid loan; bank’s computerized account statements admissible and conclusive absent challenge. Banking law – loan facility and secured overdraft – validity and terms of letter of offer; Guarantees – personal guarantors’ liability co-extensive with principal debtor; Evidence – admissibility of computer printouts as banker’s books under Evidence Act (ss.77–79) and weight of unchallenged account statements; Contract – whether failure to perfect securities or non-disbursement of overdraft relieves debtor or guarantors; Civil procedure – abandonment of counterclaim by omission in amended defence.	9 February 2001