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Citation
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Judgment date
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| March 2020 |
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Preliminary objection that royalty claims were time-barred dismissed; accrual depends on claimant's knowledge, not assumed 2011.
Limitation law – accrual of cause of action – when claimant knew of defendant's mining; Limitation Act ss.3(1) and 7 – continuing breach; Pleadings and annexures – factual particulars vs standalone causes of action; Evidence required to establish accrual date.
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30 March 2020 |
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A plaintiff must be the registered NGO (body corporate) to sue; a factual dispute on incorporation is not a pure preliminary point of law.
Civil procedure – preliminary objections – legal capacity to sue under NGO Act; Corporations law – body corporate vs board of trustees; Amendment of pleadings – impermissible to pre-empt a raised preliminary objection; Preliminary points of law – Mukisa test requiring the point to be pure law without need for evidence.
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27 March 2020 |
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Urgent injunction withdrawn and costs awarded to respondent for failure to disclose related appeal.
Civil Procedure – Interim injunctions – ex‑parte relief requires full and fair disclosure where urgency is asserted; Withdrawal of application – permissible when overtaken by events but subject to costs; Costs – generally follow event but are discretionary; Failure to disclose related pending appeal is relevant to costs.
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27 March 2020 |
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The court held the standards authority lawfully refused re‑export of unfit perishable imports; the applicant's suit was dismissed with costs.
Standards law – Authority of standards bureau to inspect imports and direct re‑export or disposal; Regulation 9(2) – re‑export or disposal of non‑conforming goods; final on‑arrival inspection may override pre‑shipment certification; burden of proof in civil suits; perishable goods public‑health protection.
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27 March 2020 |
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The plaintiff recovered USD 300,000 for goods stolen in the defendant’s custody and USD 20,000 general damages, with interest and costs.
Commercial law – custody of goods at inland container depot – theft of goods while in ICD custody – admissibility and authentication of valuation documents – proof of specific (special) damages and requirements for strict pleading – award of general damages for non-pecuniary loss – interest on pecuniary award.
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27 March 2020 |
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Applicants granted leave to defend a summary suit after showing triable disputes over payments and delivery.
Summary suit – Leave to defend under Order 35 rule 3(1)(b) CPC – Affidavit must disclose triable issues or arguable defence – Disputed payments and alleged delayed delivery held triable – Leave granted; costs to follow cause.
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27 March 2020 |
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Defendants breached MOU by failing to deliver buses; refunded TZS 355,000,000; remaining liability TZS 41,000,000 plus interest and damages.
Contract law – breach of Memorandum of Understanding for sale of goods – failure to deliver within agreed time – entitlement to refund; evidential burden and adverse inference where plaintiff fails to call material witness; assessment of proved payments from bank transfer evidence; award of interest and general damages for breach.
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27 March 2020 |
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Applicant failed to show sufficient cause for extension of time to set aside ex-parte judgment; application dismissed with costs.
Civil procedure — extension of time under s.14(1) Law of Limitation Act — "sufficient cause"; applicant must account for delay and provide credible evidence
Suretyship — guarantor’s liability and effect of creditor’s failure to issue demand/default notice absent contractual term
Evidence — necessity of corroborating proof for claims of overseas medical treatment or inability to attend court
Execution — attachment, public auction and certificate of sale enforce decree against mortgaged property
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26 March 2020 |
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Court overruled objection and allowed reliance on section 95 CPC due to lacuna in specific statutory remedy.
Taxation — challenge to Taxing Master's ruling — competence and citation of law — lacuna in Court Broker's Rules — resort to section 95 CPC and inherent jurisdiction — Rule 2(2) Commercial Division Rules — preliminary objection overruled.
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25 March 2020 |
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Default judgment refused where service, substituted publication and documentary proof were inadequate.
Service of process — proof required; substituted service by publication — need to annex newspaper copies and particulars; documentary evidence — originals or certified copies, invoices/delivery notes required to prove supply; burden of proof in default judgment; compliance with High Court (Commercial Division) Rules (Form No.1).
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25 March 2020 |
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Directors and other participants who introduced an impostor guarantor held jointly and severally liable for unpaid loan and damages.
Commercial law – loan recovery – credit facility secured by mortgage later declared void due to impersonation.* Fraud – impersonation of mortgagor and participation by introducers/directors – causal link to bank's loss and liability.* Civil procedure – ex parte hearing where defendants default – reliance on plaintiff's uncontroverted evidence.* Remedies – declaratory relief, payment of outstanding loan, default and post-judgment interest, general damages and costs.
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24 March 2020 |
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Substituted service alone does not entitle a plaintiff to default judgment absent admissible authenticated evidence of the debt.
Commercial law – Default-judgment application; substitutional service by publication; Evidence Act (ss.66–79) – requirement for originals or admissible secondary evidence; authentication of bank statement printouts and certificates of authenticity; burden of proof and sufficiency of affidavit evidence.
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24 March 2020 |
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Leave to appeal granted on whether trial court wrongly applied 'account for each day' requirement in setting aside ex‑parte order.
Leave to appeal; discretion to grant leave; setting aside ex‑parte orders; requirement to account for each day of delay; substantial question of law/prima facie case.
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23 March 2020 |
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Default judgment granted where defendant, served abroad, wrongfully cancelled an inspected shipment, entitling plaintiff to damages.
Commercial law – breach of contract – wrongful cancellation after inspector approval; estoppel against after-the-fact defect claims Civil procedure – default judgment under Rule 22(1) (Form No.1 and affidavit in proof) where defendant served abroad fails to file defence Service abroad – courier and email service under Order V Rules 17 & 29 Remedies – damages for price difference, contractual interest, post-judgment interest and costs
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20 March 2020 |
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Default judgment granted for contractual non‑remittance where plaintiff proved claim under amended Rule 22; foreign enforcement declined.
Commercial law – breach of contract – failure to remit administration fees and penalties under PVoC contract. Civil procedure – default judgment – amended Rule 22(1) requires proof of service, Form No.1 and an affidavit in proof of claim
Service – email and international courier (DHL) to foreign defendant accepted as proof of service
Remedies – award of principal sum and commercial interest; costs awarded. Foreign enforcement – execution under Reciprocal Enforcement of Foreign Judgements Act declined pending registration/procedure in foreign jurisdiction
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20 March 2020 |
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Contract partly breached by both parties; plaintiff awarded limited October 2017 pay and statutory contributions, other claims dismissed.
Commercial contract – supplier/customer relationship – employment agency status of supplier – statutory compliance as contractual obligation; breach of contract by both parties; no frustration by government directive (cancellation of licence); partial damages for services rendered; interest and costs ordered.
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19 March 2020 |
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Interlocutory rulings in pending arbitration are not appealable; leave to appeal was refused and application dismissed with costs.
Arbitration law — interlocutory/interim arbitral awards — appealability — Appellate Jurisdiction Act s.5 and s.5(2)(d) — The Written Laws (Miscellaneous Amendments) Act No.25 of 2002 — finality test (Bozson) — leave to appeal discretionary.
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18 March 2020 |
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Applicant failed to show good cause for extension; counsel negligence and resignations insufficient to justify delay.
Commercial procedure – extension of time to file defence – Lyamuya guidelines – applicant must account for each day of delay and show diligence; counsel’s negligence or abrupt resignations do not ordinarily justify extension; overriding objective does not excuse procedural non‑compliance.
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17 March 2020 |
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A tax dispute over import duty falls within the Tax Revenue Appeals Board’s exclusive jurisdiction; suit dismissed.
Tax law – Jurisdiction – Statutory ouster of ordinary courts where Tax Revenue Appeals Board/Tribunal has original jurisdiction under Tax Revenue Appeals Act. Administrative law – Revenue disputes – Proper forum for challenges to import duty assessments. Civil procedure – Pleading requirements – Particulars required for negligence and fraud (Order VI r.4 CPC). Customs law – Requirement to follow statutory review procedures under East African Community Customs Management Act
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16 March 2020 |
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Court restored dismissed commercial suit where advocate's AGM absence lacked notice but caused no prejudice to respondent.
Commercial procedure – Rule 43(2) – application to set aside dismissal for non-appearance – advocate attending professional AGM – Chief Registrar’s circular not a substitute for notice to court – requirement to notify court of intended absence – prejudice to respondent as factor in discretion to restore – no order as to costs.
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13 March 2020 |
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The applicant's trademark infringement and passing‑off claims dismissed; respondent's registered mark held valid.
Trade marks – registration and distinctiveness – comparison of composite marks by overall impression (anti‑dissection rule). Trade marks – infringement – likelihood of confusion (visual, aural, conceptual) and consumer perception. Trade marks – statutory protection of validly registered marks and available statutory defence to later users. Passing off – necessity to prove goodwill, misrepresentation and damages; special damages must be specifically pleaded and proved
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12 March 2020 |
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Loan agreement void for lack of licensing and proof of disbursement; plaintiff's recovery claim dismissed.
Contract law – loan agreement held void for uncertainty and illegality where lender failed to prove regulatory/licensing authority; Evidence – plaintiff's failure to produce bank/transaction records defeats claim; Guarantors' liability contingent on valid enforceable loan.
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11 March 2020 |
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Application to amend witness statement and documents struck out for failure to properly move the Court.
Commercial procedure – amendment – witness statements are not pleadings and cannot be amended under provisions meant for pleadings; wrong citation of enabling provisions renders an application incompetent; departure from scheduling order requires leave under Order VIII Rule 4 CPC (via Rule 2(2) of the Rules).
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10 March 2020 |
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Belated discovery of evidence does not justify leave to withdraw and refile; suit withdrawn without leave and costs awarded.
Civil Procedure – Withdrawal of suit with leave to refile – Order XXIII Rule 1(2)(a),(b) CPC – New evidence discovered after filing not a "formal defect" or sufficient ground – Duty to prepare evidence before instituting suit – Amendment under Order VII Rule 14(2) – Prejudice and abuse of process – Costs.
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4 March 2020 |
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Court set aside arbitral award because enforcing it would compel the respondent to breach public procurement law.
Arbitration – setting aside award – illegality apparent on face – award enforcing payments contrary to Public Procurement Act and Regulations; variations exceeding statutory threshold without Tender Board approval
Arbitration – procedural fairness – failure to address issues does not automatically amount to misconduct; court cautious to disturb arbitral awards
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3 March 2020 |