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305 judgments found.
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December 2021
High Court suspended execution after finding a pending Court of Appeal stay application despite disputed service.
Civil procedure
— Service — relevance and forum for determination. Discretion to suspend High Court execution where appellate proceedings are pending
— Stay of execution — pendency of Court of Appeal application — proof by affidavit and court-endorsed filing
Commercial law — Commercial procedure — Execution of decree — suspension of execution pending appellate stay
22 December 2021
Pendency of appeal does not stay execution; judgment debtor may be detained for unpaid taxed costs absent a stay.
Civil procedure — Execution
— civil imprisonment conditions and upkeep deposit
— enforcement by arrest and detention for unpaid taxed costs
— Order XXXIX Rule 5(2) cited
— pendency of appeal does not automatically stay execution
21 December 2021
Judgment debtor’s claims against third parties do not prevent committal for non‑payment absent a stay of execution.
Civil procedure — committal for civil debt — third‑party indebtedness not a ground to defer execution
21 December 2021
The respondent breached loan and settlement agreements; the applicant awarded TZS 369,148,919.10, damages, interest and costs.
Civil procedure — maintainability
— judgment on admission
— non-joinder/misjoinder objection
— Order I r.9 CPC
Civil procedure — Remedies — declaration of indebtedness, award of damages, interest and costs
Contract law — loan facility
15 December 2021
Court registered and entered the arbitral award as judgment after dismissing the respondent’s challenge, awarding specified sums, interest and costs.
Arbitration — Arbitration act, s73 — registration and enforcement of arbitral award as court judgment
Arbitration — Arbitration act s75
— challenge to arbitral award and dismissal
— Leave to enter judgment
Arbitration — Enforcement of awards
— Quantification and reduction of general damages
— VAT, penalties, interest, costs, arbitrator's fees, coordination expenses
15 December 2021
Failure to object to an arbitrator’s appointment during arbitration bars later challenge to the award’s validity and registration.
Arbitration
— Appointment of arbitrator — role of appointing authority vs. regulatory list (NCC) — Arbitration Act ss 35,36,75
— Scope of arbitrator's powers — Determination of statutory VAT liability within arbitrator’s jurisdiction where dispute concerns VAT payment — Arbitration Act s 75(2)(c)
— Setting aside award — Failure to raise jurisdictional/appointment objections during arbitration constitutes waiver/afterthought — Arbitration Act ss 35 — 36
15 December 2021
Whether an omnibus application to set aside ex‑parte orders filed after 14 days is time‑barred or saved by s.14 Limitation Act.
Civil procedure
— omnibus applications — Whether extension of time and application to set aside an ex‑parte judgment can be combined
— preliminary objection — limitation — Mukisa Biscuits test for validity of preliminary objection
Commercial law — Commercial division procedure — extension of time — Application of Rule 32(2) and Law of Limitation Act s.14
13 December 2021
Where specific Companies Act provisions govern winding up, reliance on general CPC provisions is improper and renders the application incompetent.
Companies Act — winding up — interim orders — specific statutory provisions govern interim relief in winding up proceedings (s.281/282/284) and must be cited.* Civil Procedure Code — general procedure cannot supplant specific statutory procedure where such exists.* Civil procedure — preliminary objection — wrong citation of enabling provision renders application incompetent.* Procedural compliance — late filed submissions to be disregarded.
12 December 2021
An inadvertent misnomer in a plaintiff's name is curable and does not invalidate a plaint or its cause of action.
Civil procedure — misnomer in party's name
— costs where defect inadvertent
— curable error
— defendant changing the substance of filed objection without leave
— overriding objective and interest of justice
Civil procedure — preliminary objection — whether plaint discloses cause of action
10 December 2021
10 December 2021
Applicant proved ownership/possession and obtained lifting of attachment under Order XXI Rules.
Civil procedure — attachment — Objection to attachment
10 December 2021
Applicant failed to show arguable legal issues; leave to appeal under section 5(1)(c) was denied.
Appellate practice — Appellate jurisdiction act s.5(1)(c) — leave to appeal — covers every High Court decree, order, judgment, decision or finding
Civil procedure
— Costs and taxation — challenge to instruction fees assessed under Advocates Remuneration Order — whether dismissal for want of prosecution precludes fees
— VAT on taxed costs — interpretation of order and whether VAT issue raises arguable point of law
10 December 2021
Court refused transfer and striking out; commercial petition in main registry was properly instituted and may proceed.
Civil procedure
— Certificate of urgency — justification for filing in main registry and timely disposal of commercial disputes
— Civil procedure code — Order XLIII — oral applications and procedural safeguards
— res judicata / res sub judice and abuse of process — striking out petitions — when duplication justifies striking out
Company law — Commercial petitions — Appropriate registry for institution
10 December 2021
Whether the defendant breached a hire‑purchase agreement by failing to pay for two delivered trucks.
Commercial law
— debt recovery — Interest — Entitlement to contractual interest from filing, post‑judgment interest at court rate and general damages
— Hire‑purchase agreements — Delivery and proof of supply — Use of delivery notes, registration documents and debtor's admission to establish delivery
Contract law — non-payment of instalments — Failure to pay instalments — Whether non‑payment of instalments constitutes breach entitling supplier to outstanding purchase price
10 December 2021
Court allowed additional forensic evidence subject to certification and fees, holding witness competent and dispensing with notice to produce.
Evidence
— Additional evidence
— Competence to tender exhibits — possession/knowledge suffices
— public documents — certification and fees required under Sections 83 and 85 of the Evidence Act
8 December 2021
Denial of the applicant's right to be heard and failure to follow agreed arbitration procedure nullifies the arbitral award.
Arbitration — Arbitration law
Civil procedure — Serious irregularity under section 70
— proof of prejudice not required where right to be heard violated
— setting aside arbitral awards. Procedural fairness outweighs expedience
Natural justice — Right to be heard
8 December 2021
8 December 2021
Court set aside consent decree obtained by fraud, restrained sale of matrimonial property and ordered disciplinary inquiry into counsel.
Civil procedure
— Advocate conduct — conflict of interest and possible disciplinary referral
— Consent judgments — fraud as ground to set aside compromise and decree
— Contract capacity and fraud — forged signatures and minor's incapacity vitiating security documents
— execution and attachment
8 December 2021
Objection to execution dismissed as sale was already concluded and application overtaken by events.
Civil procedure — Execution — Objection to attachment
Civil procedure — Overtaken-by-events doctrine
— Completed execution and certificate of sale
— Court will not undo already executed decree
7 December 2021
Attachment warrants lifted where a non-party proved interest/ownership in attached vehicles and machinery by documentary evidence.
Civil procedure — Civil procedure code order XXI rule 58 — Attachment and execution — Proof of interest in attached property by a non-party
— Evidence: vehicle registration cards, sale agreements, bank transfer forms, warranty documents
— lifting attachment where interest established
7 December 2021
Applicant proved proprietary interest in attached vehicles and plant; court lifted attachment and awarded costs.
Execution law — Attachment — Order XXI Rule 58 — Proof of proprietary interest by registration cards, sale agreements, bank transfers and warranty documents — Non-party to main suit — Lifting of warrants of attachment.
7 December 2021
Applicant failed to prove respondent lacked Tanzanian immovable property; security‑for‑costs application dismissed.
Civil procedure — security for costs — Order XXV Rule 1(1) CPC — non‑resident foreign company
Evidence — Burden of proof — on the party who alleges facts — Section 110 Evidence Act
7 December 2021
Court refused to order FIU investigation after applicant had already reported alleged fraud, finding the application overtaken by events.
Civil procedure — Anti-Money Laundering Act
— FIU exercise of discretion to investigate
— procedural appropriateness of court ordering FIU to investigate alleged fraud
Civil procedure — Application under section 95 CPC to compel third-party investigative action — Misuse where complainant has already reported to police/FIU
7 December 2021
Court registers parties' deed of settlement under Order XXIII Rule 3 and enters consent judgment, marking suit settled.
Civil procedure — Consent judgment — Registration and recording of a deed of settlement under Order XXIII Rule 3 of the Civil Procedure Code
6 December 2021
Whether a Taxing Officer properly disallowed an entire bill of costs under Order 48 without applying taxation principles.
Civil procedure — Review of taxation — Finality of Taxing Officer's determination on quantum — Remission to another Taxing Officer
Legal profession — Advocates’ remuneration and taxation — Application of Order 48 (disallowance exceeding one‑sixth) and interplay with Order 12 principles
6 December 2021
Court set aside Taxing Officer’s wholesale striking of a bill and ordered fresh taxation for breach of taxation principles.
Civil procedure
— Review of taxation — Interference with taxing officer's discretion only where exercised injudiciously — Intervention warranted where taxation principles breached
— Taxation of costs — Application of the one‑sixth rule under Order 48 of the Advocates Remuneration Order — Instruction fees and taxing officer's discretion
6 December 2021
Adjournment denied and suit dismissed where claimed witness illness lacked medical proof.
Civil procedure — adjournment — illness of witness
6 December 2021
Default judgment entered for bank loan recovery; execution stayed pending required newspaper publication.
Commercial law — Default judgment — substituted service by newspaper publication — sufficiency of Form No.1, supporting affidavit and annexures — interest awarded and publication requirement before execution
3 December 2021
Leave to appeal granted due to unresolved jurisdictional and retrospective-effect issues under the 2018 copyright amendment.
Appellate practice
— Appellate procedure — Leave to appeal — discretionary but granted where serious, arguable legal issues exist
— Retrospectivity — whether the 2018 amendment applies to cases instituted before amendment
3 December 2021
Leave to appeal granted on unsettled jurisdictional and retrospective-effect issues under the Copyright Act amendments.
Civil procedure — Leave to appeal — Discretionary, not automatic — granted where serious or unsettled points of law arise
Land law — Intellectual property
— effect and retrospective application of 2018 amendment
— jurisdiction to determine infringement
3 December 2021
An international arbitral award cannot be given legal force where it would conflict with an existing domestic default decree.
Arbitration
— Arbitrator misconduct/irregularity — Standard of proof for allegations of fraud, corruption or misconduct in arbitration — Requirement for cogent evidence (beyond mere speculation)
— Seat of arbitration — Applicability of domestic setting-aside provisions and interplay with Arbitration Act s 5 and s 13 — Arbitration Act ss.5 & 13
Civil procedure — Decree — Co-existence of court decree and foreign arbitral award — Public policy bar
2 December 2021
Unsigned replacement contracts held binding by conduct; defendant liable for unpaid invoices, interest and damages.
Contract law — breach of contract
— Admissibility and weight of documentary evidence and correspondence confirming liability
— Damages and interest (pre‑ and post‑judgment) awarded
— unpaid invoices
Contract law — Contract by conduct — unsigned replacement agreements — acceptance by performance and conduct
Contract law — Enforcement of invoice terms — late-payment charges as interest
2 December 2021
Defendant liable for undelivered dump truck; unreturned container loss apportioned equally; each party bears own costs.
Commercial law — Contract
— Liability of clearing & forwarding and transport agent for non‑delivery of cargo and demurrage
— Non‑return of container — Contributory breach, mitigation and equitable apportionment of loss
Commercial law — Remedies — Decretal sum, commercial interest and costs — Denial of general damages and each party to bear own costs
1 December 2021
Whether a correspondent bank breached an interim restraining order by debiting funds under a letter of credit.
Commercial injunctions; interim restraint on encashment of letter of credit; NOSTRO account debit after interim order; alleged contempt of court; obligation of correspondent bank to respect court orders.
1 December 2021
November 2021
The applicant’s affidavit verification was adequate; preliminary objection alleging hearsay and defective verification dismissed.
Civil procedure — Affidavit verification — Whether verification clause must state sources for facts based on information
Company law — Affidavits by corporate entities — competence of principal officer to depose to court records and litigation matters
Evidence — Hearsay — court records and beliefs grounded on stated facts may be properly averred by responsible officer
30 November 2021
Application to restore mediation struck out as premature because no dismissal order existed; matter was remitted to the trial judge.
Commercial law — Commercial court — Mediation — Alleged dismissal of mediation — Whether a dismissal
30 November 2021
An MOU and course of dealings established a binding debt; undue influence and COVID‑19 defences failed.
Contract law
— Contract formation — inferred from conduct and course of dealings
— COVID‑19 — not automatic force majeure absent evidence or agreement
— Memorandum of Understanding (MOU) — may be binding depending on terms
— Remedies — decretal sum, interest and general damages
— undue influence — burden to plead and prove, not established where signing occurred post-release and in presence of counsel
30 November 2021
A witness may identify and rely on documents already admitted as exhibits; identification is not a re-tendering or surprise.
Evidence — Witness identification of exhibits — distinction between identification and tendering — admissibility of documents
29 November 2021
Court enforces renewed credit facility and continuing securities, holding guarantors jointly and severally liable for unpaid loan.
Commercial law
— credit facility — renewal of overdraft and term loan under facility letter dated 18 July 2016 Securities — continuing general debenture, corporate guarantee and personal guarantees as continuing security Contract of guarantee — guarantors jointly and severally liable
— liability coextensive with principal debt Remedies — judgment for outstanding sum, contractual (penalty) interest, court interest, costs and realization of charged assets
26 November 2021
High Court lacked jurisdiction to hear challenge to TRA charges; Tax Revenue Appeals Board has exclusive original jurisdiction.
Company law — Companies law
— Administration
— it does not indefinitely bar actions after an administration order
Tax law — Jurisdiction
26 November 2021
Court registered the parties' deed of settlement as a consent judgment and marked the suit settled on compromise.
Civil procedure — Consent judgment — Suit marked settled on compromise — Incorporation of settlement terms into judgment and decree
26 November 2021
Beneficiary's material breaches and unnotified variation of the facility discharged the guarantor, dismissing the bank's claim.
Commercial law — demand guarantees (payment bonds on demand) — Insurer’s liability contingent on breach of primary contract
— Law of Contract Act s 85
— URDG 2010
Contract law
— Clean hands doctrine — Beneficiary's misconduct precluding recovery under a guarantee
— Contract variation — Material variation of underlying contract without guarantor's consent discharges guarantor
26 November 2021
Default judgment properly entered after substituted service; refund and gold/value awarded, but specific damages rejected for lack of particulars.
Civil procedure — substituted service and ex-parte judgment — improper substituted service renders judgment void ab initio — Rule 22(1) High Court (Commercial Division) Procedure Rules
Contract law — Remedies — refund, general damages, pre- and post-judgment interest, costs
Damages — special (particularised) and general damages — Specific pleading and proof required
26 November 2021
Whether alleged misrepresentation vitiated the home-loan contract and whether substitution of mortgage security was agreed and breached.
Contract law
— Guarantee and substitution of security — enforceability of oral/written substitution agreement witnessed by bank officer
— Liability of principal debtors for default — indemnity to guarantor
— misrepresentation — burden of proof
— Remedies — monetary indemnity, discharge and substitution of mortgage, injunction, costs
26 November 2021
A counterclaim is a separate pleading for page‑limit purposes; the applicant's page‑limit objection was overruled.
Commercial law
— Civil Procedure Code — Order VIII (counterclaim and subsequent pleadings) — counterclaim as separate pleading
— Commercial procedure — Rule 19(1) (page‑limit for pleadings) — Whether counterclaim counts toward the ten‑page limit
— Overriding‑objective principle — relaxation of procedural defects to secure substantive justice
— preliminary objection — appropriate timing and effect
25 November 2021
Ambiguous pleadings raised limitation issue; court allowed plaintiff to amend plaint to clarify contract or tort basis.
Limitation of actions; distinction between breach of contract and tort (fraud); fraud as independent cause of action; discovery rule for fraud; overriding objective and leave to amend pleadings.
24 November 2021
Photocopy of a lost lease is admissible where defendant fails to deny and witness had knowledge and access.
Civil procedure — competence to tender
— no absolute requirement for police loss report
— witness with knowledge and prior access
Civil procedure — Order VIII rule 5 CPC — omission in pleadings treated as admission
24 November 2021
A subsequent suit seeking relief already granted in an earlier judgment is struck out as duplicative.
Civil procedure — Res judicata — Whether a subsequent application is barred where the same matter and cause was conclusively determined in an earlier suit — Conditions for res judicata (same issue, parties/privity, title, competent court, finality)
23 November 2021
Court accepted respondent's undertaking to suspend enforcement of security pending jurisdictional objections, preserving the status quo.
Civil procedure — preliminary objection on jurisdiction — Effect on companion interlocutory applications and enforcement measures
Commercial law — Interim injunction — Urgent interlocutory injunctions vs. undertakings in lieu of orders — Preservation of status quo
23 November 2021
Published terminal Terms of Business can create a unilateral contract making the terminal liable for negligent cargo damage.
Commercial law — Contract — Unilateral Terms of Business — Whether published terminal terms create contractual obligation to consignees
Damages — damages and interest — Award of decretal principal, general damages and post‑judgment interest at court rate
Tort — Negligence — terminal operator liable for damage caused by its handling machinery
23 November 2021