|
Citation
|
Judgment date
|
| December 2020 |
|
|
Bank failed to prove disbursement; only Tshs.750,903,881.94 recoverable and no costs awarded.
* Commercial lending – loan facilities and overdraft – burden on bank to prove actual disbursement of loan tranches.* Evidence – documentary proof and bank statements – computer printouts must be properly identified and admissible; exhibit P9 excluded for non‑compliance with Evidence Act and procedural rules.* Pleadings – parties bound by pleadings; documents not identified in witness statement/list cannot be used to change case.* Securities – mortgages, debentures and guarantees existed but disbursement failure can frustrate the transaction.* Relief – partial success where only an admitted balance was recoverable; no costs awarded.
|
18 December 2020 |
|
Court granted extension to file appeal due to counsel's negligence/death and applicants' demonstrated diligence.
* Civil procedure — Extension of time — Section 11(1) Appellate Jurisdiction Act — Discretionary relief requiring sufficient cause and absence of dilatory conduct. * Grounds for extension — negligence or death of former counsel, late notice to lay clients, and overriding objective. * Requirement to account for delay and consideration of prospects of success.
|
18 December 2020 |
|
Suit dismissed as an abuse of process for failing to use Order XXI Rule 62 to challenge rights after execution.
Civil procedure – preliminary objections – abuse of court process and res sub judice as pure points of law; execution proceedings and deed of settlement – remedy under Order XXI Rule 62 to establish rights to disputed property; dismissal of suit for abuse of process.
|
18 December 2020 |
|
Inspection agents liable for negligence where PVoC/CoC issued without proper testing, sealing or ensuring conformity to ordered specifications.
Commercial law – pre‑shipment inspection and PVoC/CoC – whether inspection certificates reflect conformity with ordered specifications; evidence and admissibility of witness statements; negligence of inspection agents for failure to test/seal and to follow TBS directions; damages for negligent verification.
|
11 December 2020 |
|
Court dismissed plaintiff's defamation claim, granted counterclaim for unpaid loan and ordered recovery of pledged TBL shares.
Commercial law – loan facilities and securities; pledge of share certificates as collateral; loss report to police and DSE; defamation — requirement to prove reputational injury; guarantors’ liability; recovery of unpaid loan and realization of securities; interest and costs.
|
11 December 2020 |
|
Bank unlawfully impounded secured buses; borrower accepted vehicles, loan default existed, unpaid debt offset against seized buses.
* Commercial law – asset finance facility – unsigned facility letter and subsequent conduct – validity of contract despite unsigned facility letter.
* Secured transactions – chattels mortgage and enforcement – impoundment without court order unlawful; self-help not permitted.
* Sale of goods/acceptance – buyer’s acceptance and use of delivered goods bars later rejection for description/age.
* Set-off/equity – creditor’s unlawful enforcement can bar or reduce recovery; offset of counterclaim by seized assets.
* Remedies – specific damages must be specifically pleaded and proved; general equitable relief and discharge of securities ordered.
|
11 December 2020 |
|
Court granted interim injunction restraining bank from selling collateral and pursuing recovery pending trial.
Commercial law – Interim injunction – Application to restrain bank from selling collateral and pursuing recovery – Principles: prima facie triable issue, irreparable harm, balance of convenience (Attilio v Mbowe) – Non-joinder of related foreign financier not necessarily fatal – Status quo preserved pending trial.
|
10 December 2020 |
|
Court grants sanction to issue unsubscribed shares at discounted price where Registrar raised no objection, subject to regulatory compliance.
Companies Act s.60(2) – Court sanction for issuance of unsubscribed shares; evidence of regulatory compliance (Bank of Tanzania, Fair Competition Act); uncontested application; costs—no order; condition to comply with remaining company-regularization requirements.
|
8 December 2020 |
|
Court granted temporary injunction restraining respondent from dealing with mortgaged properties pending final determination.
Civil procedure – temporary injunction – prerequisites: prima facie case, irreparable injury, balance of convenience; affidavits as evidence – failure to file reply not automatic admission; sale of immovable property can cause irreparable injury; mortgagee's contractual sale rights considered but injunction may still be granted to preserve status quo; equitable relief – clean hands requirement.
|
4 December 2020 |
|
Extension to file bill of costs granted despite weak sickness proof, based on courier evidence and technical strike-out.
Limitation — extension of time to file bill of costs; sufficiency of cause; requirement to account for each day of delay (Lyamuya); sickness as ground requires proof; technical striking out and courier evidence may justify extension.
|
4 December 2020 |
| November 2020 |
|
|
Alleged illegality (improper/unproven service) suffices to justify extension of time to seek setting aside of an ex‑parte decree.
Civil procedure — Extension of time under s.14(1) Law of Limitation Act; illegality in judgment as sufficient ground; substituted service — proof and effect; exclusion of time under s.21(2) Law of Limitation Act.
|
30 November 2020 |
|
The applicant recovered the proven overdraft balance; res judicata/subjudice defenses failed; commercial-rate interest denied.
* Commercial law – loan facilities – term loan and overdraft – existence and terms proved by executed facility agreement (exhibit).
* Civil procedure – res judicata and res subjudice – prior proceedings over receivership did not finally determine indebtedness, so neither doctrine barred suit.
* Evidence – proof of indebtedness – plaintiff proved USD 1,169,417.19 outstanding, not the higher claimed amount.
* Procedure – misjoinder/non-joinder of guarantors – suit not defeated; court may adjudicate rights of parties before it (Order I Rule 9).
* Remedies – post-judgment interest awarded at 7% per annum; claim for commercial-rate interest rejected.
|
27 November 2020 |
|
Leave to defend granted where affidavit disclosed triable issues of set‑off and alleged illegality of underlying MoU.
Commercial procedure – Summary suit – Order XXXV r.3(1)(a)&(b) CPC – Leave to defend – Requirement to disclose triable issues – Set‑off/partial payment and legality of MoU as triable defences.
|
27 November 2020 |
|
Non-appearance due to COVID-19 justified restoration of mediation, but defendant ordered to pay prescribed mediation costs.
Commercial Division — restoration of mediation — Rule 37(1),(2),(3) — non-appearance due to COVID-19 travel restrictions — payment of costs for missed mediation (TZS 150,000 per appearance) — requirement to show cause and pay fees before restoration.
|
20 November 2020 |
|
Court granted unconditional leave to defend a mortgage summary suit due to discrepancies and triable issues over the loan agreement.
* Civil Procedure – Order XXXV (summary procedure) – scope of defendants in mortgage-based summary suits – no restriction to mortgagors only. * Mortgage law – effect of variations/supersession of credit facility letters – triable issues may defeat summary disposal. * Order XXXV Rule 3(1)(c) – requirement to aver loan not taken or paid; discrepancies in respondent's documents can justify departure from strict application and grant of leave to defend.
|
20 November 2020 |
|
Arbitral award set aside for misapplication of professional by‑laws on travel charges; other complaints were merits-based.
Arbitration — setting aside award — limited court review under s.16 Arbitration Act; misconduct vs merits; misapplication of Architects and Quantity Surveyors By‑Laws 2015 (s.138(6)–(7)) on travel/time charges — error apparent on face of award; use of extraneous evidence and failure to award costs are generally merits issues, not misconduct.
|
20 November 2020 |
|
Court granted extension of time, uplifted civil arrest warrant and ordered unconditional stay of execution pending appeal-related applications.
* Civil procedure – Extension of time – Requirement to account for each day of delay; discretion exercised according to reason and justice. * Execution – Warrant of arrest/detention as civil prisoner – Whether decree against a company may be executed against an individual without lifting corporate veil or showing cause. * Stay of execution – Order XXXIX Rule 5 CPC – considerations: timeliness, risk of substantial loss, and security; court may waive security where applicant may be a stranger to decree.
|
18 November 2020 |
|
Court reviewed and corrected an unsupported taxed bill of costs, reducing it to Tzs. 294,620,600 and allowed the review.
Commercial review — Order XLII Rule 1(b) CPC — review for error apparent on the face of the record — taxation of costs — setting aside an unsupported taxed bill and recomputing taxed items.
|
17 November 2020 |
|
High Court granted leave to appeal, finding the applicants raised prima facie arguable legal issues requiring Court of Appeal determination.
* Appellate jurisdiction – leave to appeal – discretionary, not automatic – right to appeal balanced against criteria for leave. * Test for leave – issues of general importance; novel point of law; prima facie or arguable grounds. * Relevant law – s.5(1)(c) Appellate Jurisdiction Act and Court of Appeal Rules. * Company law – dispute over validity of corporate meeting resolution and restoration of shareholding structure versus subsequent shareholding agreements.
|
13 November 2020 |
|
Applicant failed to show sufficient cause or obvious illegality to justify extension of time to file a reference.
* Advocates Remuneration Order – Rule 8(1)&(2) – reference to High Court; extension of time.
* Extension of time – Lyamuya factors: length of delay, account for each day, diligence, apparent illegality.
* Illegality – must be apparent on face of record to excuse delay.
* Evidence – assertions about court processes require supporting affidavits (section 110 Evidence Act).
|
12 November 2020 |
|
Failure to file witness statements within Rule 49(2)’s 14‑day period (without extension) is fatal and warrants dismissal.
* Commercial Court Rules (Rule 49(2)) – witness statements to be filed within 14 days of completion of FPTC – mandatory requirement.
* Computation of time – section 60(1)(a) of Cap 1 – the day of the FPTC is included in computing the 14 days.
* Failure to file witness statements within prescribed time without a court‑granted extension amounts to failure to produce witnesses and is fatal.
* Extension of time must be sought and granted; the court will not extend time suo motu.
* Service of witness statements – governed by Rule 55, but becomes academic where Rule 49(2) non‑compliance is established.
|
12 November 2020 |
|
Preliminary objections to a company-restoration petition were overruled; the restoration claims proceed to full hearing.
Companies — Restoration of struck-off company — Effect of deregistration by operation of law — Whether petitioner is a non-existing entity — Preliminary objections — Mukisa test for pure point of law versus mixed fact and law — Proper statutory provision for restoration (s.400A and related amendments) — Cause of action against Registrar.
|
12 November 2020 |
|
The plaintiff defaulted, but the auction was void for failure to issue the statutory 60‑day notice and proper publication; sale set aside.
Mortgage law – mortgagee's duty to issue 60‑day statutory notice under s.127(2)(d) Land Act; Auction procedure – requirement for correct newspaper publication and compliance with purchaser's 25%/75% payment terms (Order XXI/CPC and Auctioneers Act); Effect of defective foreclosure sale – nullification, restitution to purchaser, and survival of outstanding loan; Damages – mortgagor's default disentitles to compensation.
|
9 November 2020 |
|
Applicant entitled to Tshs. 371,421,395.68 plus 22% commercial interest and 7% post‑judgment interest from respondents.
Banking law – Overdraft facility – Repayment obligations – Whether repayment conditioned on third‑party payments; Guarantees – Personal unlimited guarantees – Validity of demand notices and guarantor liability; Interest – commercial and court rates; Costs.
|
6 November 2020 |
|
Preliminary objections to an arbitral award dismissed; time‑bar claim held to be mixed fact and law, certification/verification defects not fatal.
Arbitration Act – petitions under Arbitration Rules are applications, not plaints; time‑bar of arbitral award may be mixed fact and law; Rule 8 certification and annexure requirements not invariably fatal; advocate may verify affidavit limited to personal knowledge.
|
5 November 2020 |
|
Court extended the liquidator's term by two months due to delays beyond the liquidator's control.
Company insolvency – liquidator’s term – extension of time under Rule 91 GN No.43/2005 and Section 95 CPC; delay caused by inability to obtain information from former managing director; exercise of court's discretion to allow extension.
|
3 November 2020 |
|
Summary judgment granted after defendants defaulted despite substituted service; secured loan and guarantees justified reliefs and costs.
* Civil procedure – Summary judgment under Order XXXV CPC – application where defendants fail to appear after substituted service; enforcement of secured overdraft (legal mortgages, chattel mortgage, personal guarantees) – reliance on CRDB Bank Ltd precedent.
|
2 November 2020 |
| October 2020 |
|
|
A majority shareholder-creditor's unopposed s.281(1) petition succeeded; court ordered winding up and appointed a liquidator.
* Companies Act s.281(1) – winding up by petition by a company/creditor; * Companies Act s.294 – appointment of official liquidator; * Companies (Insolvency) Rules GN.43/2005 – service, advertisement and absence of opposition; * Corporate creditor/shareholder petitions and proof of debt (invoices, loan agreement, demand notices); * Unopposed winding-up petition – requirements and effect.
|
23 October 2020 |
|
Winding‑up petition dismissed because underlying loan was illegal unlicensed money‑lending, making the petition an abuse of court process.
Companies law – winding‑up petition – maintainability where underlying debt arises from unlicensed money‑lending; Banking and Financial Institutions Act – definition and licensing of banking business; Business Licensing Act – carrying on business without licence; Abuse of court process – unenforceability of illegal contracts; Preliminary objections – points of law based on ascertained facts (Mukisa principle).
|
23 October 2020 |
|
Court lifted garnishee order and held decree prescribes two separate interest rates (3% then 1%), not a cumulative 4%.
* Civil procedure – Garnishee order – Lifting of garnishee order nisi under section 38(1) CPC.
* Execution – Interpretation of decree – Interest computation: 3% per annum (filing to judgment) and further 1% per annum (judgment to full payment) — not cumulative.
* Default decree – Construction of "further interest" language.
|
22 October 2020 |
|
Extension to file arbitral award refused where applicant failed to show sufficient cause or account for each day of delay.
• Extension of time – section 14(1) Law of Limitation Act – discretionary jurisdiction and requirements for good/sufficient cause
• Arbitral awards – duty of successful party to file award for registration and enforcement as court decree
• Delay – requirement to account for each day of delay when seeking extension
• Financial hardship – financial constraints held insufficient ground for extension
|
20 October 2020 |
|
Court found defendant liable for unpaid contractual debt, awarded principal, reduced damages, and granted interest and costs.
Contract law – oral contract for security services – breach and admitted outstanding debt; damages under section 73 Law of Contract Act; special damages require specific pleading and proof; interest and costs awarded.
|
20 October 2020 |
|
Default judgment entered for unpaid credit of TZS 1,038,099,550; interest awarded and publication required before execution.
* Commercial procedure – Default judgment – Rule 22(1) H.C. (Commercial Division) Procedure Rules: proof of service, Form No.1 and affidavit in proof of claim required. * Evidence – Documentary proof and authenticated exhibits support quantum of debt. * Interest – pre-judgment and post-judgment rates distinguished. * Execution conditions – publication requirement under Rule 22(2).
|
19 October 2020 |
|
Applicant proved unfairly prejudicial company conduct; court ordered audit, members’ meetings and process for buyout and name change.
Companies Act s233 – unfairly prejudicial conduct; failure to hold AGMs; appointment of independent auditor and valuation; shareholder buy‑out; directors’ remuneration and dividends; company name using founder’s family name; preliminary objections for misnaming/citation as typographical errors.
|
16 October 2020 |
|
Leave to appeal denied where High Court’s interlocutory ruling was not tainted by irregularity and did not bar the applicant’s hearing.
* Appellate procedure – leave to appeal – section 5(2)(d) AJA – not absolute; appeal permitted where proceedings show illegality, impropriety or confusion.
* Civil procedure (commercial) – interrogatories and discovery – requests must be precise and limited; not a licence to obtain unspecified documents.
* Interlocutory orders – test is whether order finally disposes of rights; interlocutory orders generally not appealable.
* Right to be heard – entitlement to participate is subject to procedural law; filing defence and cross-examination can protect hearing rights.
* Abuse of process – frivolous or vexatious applications intended to delay are dismissible with costs.
|
9 October 2020 |
|
Court dismissed consolidated taxation references, upholding taxing master’s discretionary assessment under Advocates Remuneration Order.
Taxation of costs — Advocates Remuneration Order (G.N. 264/2015) — Order 12(1) discretion to allow prescribed or other necessary costs — scales vs judicial discretion — requirement to specify relief in taxation reference — folio/attendance/communication items as part of instruction fees.
|
9 October 2020 |
|
Leave granted to appeal on whether pre‑strike‑out delay must be accounted for under Fortunatus Masha; advocate’s negligence rejected as good cause.
* Appellate procedure – leave to appeal – whether pre-strike-out delay constitutes ‘technical delay’ and need not be accounted for when seeking extension of time; application and interpretation of Fortunatus Masha v William Shija. * Procedural law – whether advocate’s failure to file notice of appeal is a human error amounting to good cause for extension of time – held not to suffice.
|
9 October 2020 |
|
A party to an arbitration agreement is entitled to a stay of court proceedings pending arbitration; non‑signatories lack that right.
Arbitration — stay of court proceedings under s.6 Arbitration Act; scope and application of arbitration clause in sale agreement; requirements for stay: (1) valid submission/arbitration agreement, (2) dispute covered by agreement, (3) applicant party to clause, (4) no disqualifying steps taken in court (e.g. statement of defence), (5) willingness to arbitrate; non‑signatory cannot invoke clause.
|
6 October 2020 |
|
Court stayed winding-up petition pending resolution of related commercial suit under Companies Act s.283.
* Companies Act s.283 – power to stay or restrain proceedings after presentation of winding-up petition.
* Stay of winding-up – available where petition relates to issues pending in another court matter.
* Res sub judice – relevance where same contracts/assignment are subject of pending suit.
* Overriding objective – irregular citation of statute not fatal where jurisdiction exists.
|
5 October 2020 |
| September 2020 |
|
|
Bank lawfully debited suspicious deposits; borrower breached loan; guarantors liable; plaintiff awarded USD 143,450.41.
Banking law – loans and securities – continuing guarantee and legal mortgage – whether mortgage/guarantee cover subsequent advances; Anti‑money laundering – suspicious transactions and freezing directives – bank’s right to return/debit credited funds; Contract law – breach of loan agreements and proven outstanding balance; Remedies – judgment for proven balance, interest, costs and post‑judgment enforcement (receiver, sale, vacant possession).
|
29 September 2020 |
|
Instruction fees properly disallowed where no EFD/manual receipt or reasonable explanation; taxing officer’s decision confirmed.
Taxation of costs – instruction fees – requirement of EFD receipt or satisfactory alternative proof – Advocates Remuneration Order GN. No. 264/2015 (silence does not exclude tax-law compliance) – taxing officer’s discretion – interference only for improper exercise or clear error.
|
25 September 2020 |
|
Extension of time granted for filing notice of appeal due to technical delay and prompt corrective steps.
* Civil procedure – extension of time – section 11(1) Appellate Jurisdiction Act – good/sufficient cause.
* Technical delay – original appeal timely but struck out for procedural defect (defective certificate of delay).
* Accounting for delay – requirement to act promptly after Court of Appeal ruling; holidays and COVID-19 disruptions relevant.
* Relief granted – extension of time to file notice of appeal for fresh appeal.
|
25 September 2020 |
|
Lower court improperly entertained a suit already declared time-barred by the High Court; appeal allowed and judgment set aside.
Limitation of actions – item 17 Part I Law of Limitation Act – time bar for claims concerning redemption/release of title; Res judicata – dismissal on preliminary objection not final on merits; Jurisdiction – lower court cannot re-open matters decided by High Court (Commercial Division); Remedies – extension of time or appeal to Court of Appeal.
|
25 September 2020 |
|
A High Court cannot order eviction conflicting with a Court of Appeal stay over the same property; oral submissions are not evidence.
* Civil procedure — execution — eviction of purchaser’s judgment debtor — interplay with appellate stay of execution — subordinate court bound by Court of Appeal stay on same property.
* Property law — bona-fide purchaser protection under section 135 Land Act — subject to existing appellate orders affecting the property.
* Evidence — oral submissions/skeleton arguments are not evidence; material must be pleaded in affidavit.
|
24 September 2020 |
|
Plaint struck out because the Plaint was filed by an advocate without a valid practising certificate.
Advocates Act — practising certificate — acts and pleadings signed/filed by an unqualified advocate have no legal validity; Civil Procedure — jurisdiction under section 18 CPC; pleading requirements — Order VII rule 1(e) (cause of action); joinder/misjoinder and counterclaim procedural objections.
|
22 September 2020 |
|
Later-filed preliminary objections must be stayed; earlier-filed preliminary objections are to be determined first.
Civil procedure – Preliminary objections – Priority of determination – Earlier-filed preliminary objection takes precedence; later objections to be stayed to avoid pre-emption of issues.
|
22 September 2020 |
|
A challenge to the place of verification raises factual issues requiring evidence, not a preliminary point of law.
* Company law – petition verification – Order VI Rule 15(3) CPC – place and date of verification. * Civil procedure – preliminary objection – distinction between pure points of law and factual disputes; objection requiring evidence cannot be disposed of summarily. * Overriding objective – sparing application; cannot replace factual inquiry.
|
18 September 2020 |
|
A belated objection to a witness statement filed after adoption and admission is barred by waiver; objection dismissed.
Preliminary objections – admissibility of witness statements – timing and waiver; witness statements under Rules 49–50 (Commercial Procedure Rules); adoption of filed statements as evidence in chief; expungement of exhibits post-admission; doctrine of waiver and overriding‑objective considerations.
|
18 September 2020 |
|
Applicant failed to establish a protectable matrimonial/residential interest to stop attachment of property registered solely in the judgment debtor’s name.
Execution — Objection proceedings under Order XXI Rule 57 CPC — Requirement to establish interest where property is registered in judgment debtor’s sole name — Section 48(1)(e) CPC (residential/matrimonial property) — Sufficiency of affidavit evidence — Effect of judgment debtor’s non-appearance and possible collusion.
|
16 September 2020 |
|
Arbitral award set aside because arbitration was prematurely initiated before contractually required adjudication, so arbitrator lacked jurisdiction.
• Arbitration – jurisdiction – staged dispute resolution clause requiring mutual consultation then adjudication before arbitration – adjudication as condition precedent.
• Arbitration – premature referral to arbitration (‘gun-jumping’) renders award void for want of jurisdiction.
• Contract interpretation – SCC clarifications do not override mandatory GCC dispute stages.
• Court intervention limited but warranted where arbitrator acts without contractual authority.
|
15 September 2020 |