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Citation
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Judgment date
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| December 2021 |
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High Court suspended execution after finding a pending Court of Appeal stay application despite disputed service.
* Commercial procedure — execution of decree — suspension of execution pending appellate stay.
* Stay of execution — pendency of Court of Appeal application — proof by affidavit and court-endorsed filing.
* Service — alleged non-compliance with Rule 55(1) Court of Appeal Rules — relevance and forum for determination.
* Discretion to suspend High Court execution where appellate proceedings are pending.
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22 December 2021 |
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Pendency of appeal does not stay execution; judgment debtor may be detained for unpaid taxed costs absent a stay.
Execution — enforcement by arrest and detention for unpaid taxed costs; pendency of appeal does not automatically stay execution; stay must be obtained from relevant authority; Order XXXIX Rule 5(2) cited; civil imprisonment conditions and upkeep deposit.
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21 December 2021 |
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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 – requirement to show sufficient cause to avoid committal – absence of stay of execution – third‑party indebtedness not a ground to defer execution.
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21 December 2021 |
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The respondent breached loan and settlement agreements; the applicant awarded TZS 369,148,919.10, damages, interest and costs.
* Contract law – loan facility – breach of loan agreement and breach of Deed of Settlement for failure to pay agreed instalments.
* Civil procedure – maintainability – non-joinder/misjoinder objection; Order I r.9 CPC; judgment on admission (Order XII r.4).
* Remedies – declaration of indebtedness, award of damages, interest and costs.
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15 December 2021 |
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Court registered and entered the arbitral award as judgment after dismissing the respondent’s challenge, awarding specified sums, interest and costs.
Arbitration Act, s73 — registration and enforcement of arbitral award as court judgment; Arbitration Act, s75 — challenge to arbitral award and dismissal; Leave to enter judgment; Enforcement of awards — VAT, penalties, interest, costs, arbitrator's fees, coordination expenses; Quantification and reduction of general damages.
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15 December 2021 |
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A party who fails to object during arbitration cannot later challenge the arbitrator's appointment or award.
Arbitration — challenge to award for manifest serious irregularity; appointment of arbitrator — role of appointing authority vs. regulatory list (NCC); necessity to raise jurisdictional/appointment objections during arbitral proceedings (Arbitration Act ss35–36); correct statutory basis for setting aside awards (Arbitration Act s75).
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15 December 2021 |
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Preliminary objection on time-bar dismissed; omnibus late application to set aside ex parte orders allowed to proceed where prayers are interrelated.
* Limitation — Section 14(1) Law of Limitation Act — court's discretion to extend time; * Civil Procedure — Rule 32(2) High Court (Commercial Division) Rules — applications to set aside ex parte orders; * Civil Procedure — omnibus applications — when combining prayers is competent (interrelatedness test); * Procedure — preliminary objection on limitation — merits and disposition.
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13 December 2021 |
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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.
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12 December 2021 |
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An inadvertent misnomer in a plaintiff's name is curable and does not invalidate a plaint or its cause of action.
Civil procedure – preliminary objection – whether plaint discloses cause of action (Order VII r.1); misnomer in party's name – curable error; defendant changing the substance of filed objection without leave; overriding objective and interest of justice; costs where defect inadvertent.
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10 December 2021 |
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10 December 2021 |
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Applicant proved ownership/possession and obtained lifting of attachment under Order XXI Rules.
Civil procedure – Attachment – Objection to attachment – Requirement under Order XXI Rule 58 to show interest or possession at date of attachment – Evidence of licence, possession and joint venture agreement – Warrant of attachment lifted under Order XXI Rules 57(1) and 59.
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10 December 2021 |
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Applicant failed to show arguable legal issues; leave to appeal under section 5(1)(c) was denied.
* Appellate Jurisdiction Act s.5(1)(c) – leave to appeal – covers every High Court decree, order, judgment, decision or finding.
* 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.
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10 December 2021 |
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Court refused transfer and striking out; commercial petition in main registry was properly instituted and may proceed.
* Company law – Commercial petitions – Appropriate registry for institution – application for transfer under High Court Registries Rules 2005 (Rule 7(1) and 7(4)).
* Civil procedure – res judicata / res sub judice and abuse of process – striking out petitions – when duplication justifies striking out.
* Civil Procedure Code – Order XLIII Rule 2 – oral applications and procedural safeguards.
* Certificate of urgency – justification for filing in main registry and timely disposal of commercial disputes.
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10 December 2021 |
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Defendant breached hire-purchase by defaulting on payments; court awarded outstanding price, interest, damages and costs.
Contract law – Hire-purchase agreement – Delivery and proof of delivery – delivery note not conclusive; corroboration by registration and payment schedule – Acknowledgement of debt – Breach by non-payment – Contractual interest and post-judgment interest – General damages and costs.
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10 December 2021 |
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Court allowed additional forensic evidence subject to certification and fees, holding witness competent and dispensing with notice to produce.
Evidence — additional evidence under Court of Appeal Rule 36; competence to tender exhibits — possession/knowledge suffices; secondary evidence — Section 68(g) discretionary waiver of notice to produce; public documents — certification and fees required under Sections 83 and 85 of the Evidence Act.
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8 December 2021 |
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Denial of the applicant's right to be heard and failure to follow agreed arbitration procedure nullifies the arbitral award.
* Arbitration law – failure to follow agreed arbitration procedure (NCC Arbitration Rules) – Rule 10(1) – duty to fix hearing dates and give notice.
* Natural justice – right to be heard – section 35(1)(a) Arbitration Act, 2020 – breach renders award a nullity.
* Serious irregularity under section 70 – setting aside arbitral awards.
* Procedural fairness outweighs expedience; proof of prejudice not required where right to be heard violated.
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8 December 2021 |
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8 December 2021 |
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Court set aside consent decree obtained by fraud, restrained sale of matrimonial property and ordered disciplinary inquiry into counsel.
Civil procedure — execution and attachment — Order XXI Rules 57–58 — investigation of claims to attached property; Contract capacity and fraud — forged signatures and minor's incapacity vitiating security documents; Consent judgments — fraud as ground to set aside compromise and decree; Advocate conduct — conflict of interest and possible disciplinary referral.
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8 December 2021 |
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Objection to execution dismissed as sale was already concluded and application overtaken by events.
Execution – Objection to attachment – Order XXI Rules 57–59 CPC – Requirement of pending attachment; Overtaken-by-events doctrine – Completed execution and certificate of sale; Section 95 CPC not to be used where specific procedure applies; Court will not undo already executed decree.
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7 December 2021 |
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Attachment warrants lifted where a non-party proved interest/ownership in attached vehicles and machinery by documentary evidence.
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.
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7 December 2021 |
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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.
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7 December 2021 |
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Applicant failed to prove respondent lacked Tanzanian immovable property; security for costs application dismissed.
Security for costs — Order XXV r.1(1) CPC — foreign plaintiff — requirement of no sufficient immovable property in Tanzania — burden of proof rests on the party alleging non‑existence of property (Section 110 Evidence Act) — need for tangible corroborative evidence.
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7 December 2021 |
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Court refused to order FIU investigation after applicant had already reported alleged fraud, finding the application overtaken by events.
Civil procedure – Application under section 95 CPC to compel third-party investigative action – Misuse where complainant has already reported to police/FIU; Anti-Money Laundering Act – FIU exercise of discretion to investigate; procedural appropriateness of court ordering FIU to investigate alleged fraud.
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7 December 2021 |
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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 – Effect of deed as part of the court's decree.
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6 December 2021 |
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Taxing Officer’s wholesale disallowance of costs set aside; fresh taxation directed due to breach of taxation principles.
Advocates’ costs – taxation – application of Orders 12 and 48 of the Advocates Remuneration Order, 2015 – when to tax off entire bill – finality and remittal to another Taxing Officer.
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6 December 2021 |
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Court set aside total disallowance of a bill of costs and ordered fresh taxation by another Taxing Officer.
* Advocates Remuneration Order 2015 – taxation of costs – Order 12 (principles of taxation) vs Order 48 (disallowance where >1/6 disallowed).
* Excessive instruction fees – appropriate reduction where claimed amount far exceeds scale and lacks certificate for multiple advocates.
* Taxation procedure – taxing officer’s quantum determinations generally final; fresh taxation before another Taxing Officer warranted where principles misapplied.
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6 December 2021 |
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Adjournment denied and suit dismissed where claimed witness illness lacked medical proof.
Adjournment – illness of witness – necessity of medical proof for adjournment – Commercial Division Procedure Rules, Rule 46(2)(b) and Rule 56(2) – striking out witness statements – dismissal under Order IX Rule 5 Civil Procedure Code.
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6 December 2021 |
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Default judgment entered for bank loan recovery; execution stayed pending required newspaper publication.
Commercial law – Default judgment under Rule 22 – substituted service by newspaper publication – sufficiency of Form No.1, supporting affidavit and annexures – interest awarded and publication requirement before execution (Rule 22(2)).
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3 December 2021 |
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Leave to appeal granted due to unresolved jurisdictional and retrospective-effect issues under the 2018 copyright amendment.
* Appellate procedure — leave to appeal — discretionary but granted where serious, arguable legal issues exist; * Copyright law — jurisdiction to adjudicate infringement in light of amendments to the Copyright and Neighbouring Rights Act; * Retrospectivity — whether the 2018 amendment applies to cases instituted before amendment.
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3 December 2021 |
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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.
* Intellectual property – Copyright and Neighbouring Act – jurisdiction to determine infringement; effect and retrospective application of 2018 amendment.
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3 December 2021 |
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Foreign ICC award held unenforceable in High Court while conflicting domestic default decree remains in force.
Arbitration — International (seat outside Mainland Tanzania) — applicability of domestic set-aside provisions — interplay between court judgments and foreign arbitral awards — conflict of decrees and public policy — proof threshold for fraud/corruption allegations against arbitral process.
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2 December 2021 |
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Unsigned replacement contracts held binding by conduct; defendant liable for unpaid invoices, interest and damages.
Contract by conduct – unsigned replacement agreements – acceptance by performance and conduct; Enforcement of invoice terms – late-payment charges as interest; Breach of contract – unpaid invoices; Damages and interest (pre‑ and post‑judgment) awarded; Admissibility and weight of documentary evidence and correspondence confirming liability.
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2 December 2021 |
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Court apportioned blame for an unreturned container but held the defendant liable for non-delivery of a dump truck (USD 55,607).
• Contract law – carriage and C&F agreements – liability for loss or delayed return of containers; contractual limitation and indemnity clauses.
• Remedies – entitlement to demurrage/compensation for non-delivery of cargo; interest on judgment debt.
• Frustration – doctrine not available where performance is merely more onerous or commercially difficult.
• Mitigation/duty to mitigate – refusing to pay retained invoices and seizure of opponent's documents may reduce claimant's recovery; apportionment of blame.
• Civil procedure – counterclaim absence does not bar court from considering defensive evidential matters for fairness.
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1 December 2021 |
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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.
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1 December 2021 |
| November 2021 |
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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 – Order XIX Rule 3(1)&(2) CPC and Rule 74 High Court (Commercial Division) Rules. * Affidavits by corporate entities – competence of principal officer to depose to court records and litigation matters. * Hearsay – court records and beliefs grounded on stated facts may be properly averred by responsible officer.
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30 November 2021 |
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Application to restore mediation struck out as premature because no dismissal order existed; matter was remitted to the trial judge.
* Commercial Court — Mediation — Alleged dismissal of mediation — Whether a dismissal order existed — Remittal of file to trial judge for orders under Rule 36 — Prematurity and incompetence of restoration application.
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30 November 2021 |
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An MOU and course of dealings established a binding debt; undue influence and COVID‑19 defences failed.
Contract formation – inferred from conduct and course of dealings; Memorandum of Understanding (MOU) – may be binding depending on terms; Undue influence – burden to plead and prove, not established where signing occurred post-release and in presence of counsel; COVID‑19 – not automatic force majeure absent evidence or agreement; Remedies – decretal sum, interest and general damages.
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30 November 2021 |
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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 — Rule 49(1) High Court (Commercial Division) Procedure Rules — Rule 4 overriding objective/substantive justice — rule against surprise.
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29 November 2021 |
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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
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26 November 2021 |
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High Court lacked jurisdiction to hear challenge to TRA charges; Tax Revenue Appeals Board has exclusive original jurisdiction.
* Tax law – Jurisdiction – Section 7 Tax Revenue Appeals Tribunal Act vests sole original jurisdiction in the Tax Revenue Appeals Board for civil disputes under revenue laws.
* Companies law – Administration – Section 249(1)(c) protects a company only during the petition-to-order period; it does not indefinitely bar actions after an administration order.
* Conflict of jurisdictions – High Court lacks jurisdiction to challenge Commissioner General's exercise of powers under revenue laws where Tribunal jurisdiction applies.
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26 November 2021 |
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Court registered the parties' deed of settlement as a consent judgment and marked the suit settled on compromise.
Civil Procedure — Consent judgment — Registration and adoption of Deed of Settlement under Order XXIII Rule 3 — Suit marked settled on compromise — Incorporation of settlement terms into judgment and decree.
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26 November 2021 |
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An unconditional demand guarantee is not absolute; material variation or beneficiary’s breaches of underlying terms can discharge the guarantor.
* Banking & guarantees – demand payment under an “irrevocable/unconditional” payment guarantee – interplay between bond terms, URDG 2010 and underlying credit facility. * Contract law – suretyship – material variation/discharge of guarantor (Section 85 Law of Contract Act). * Equity – clean hands doctrine prevents beneficiary profiting from its breaches. * Security arrangements – failure to open escrow, unauthorized release of collateral, absence of monitoring reports as defenses to guarantee claims.
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26 November 2021 |
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Default judgment granted for refunds and return of gold; specific damages rejected for lack of pleading and proof.
* Commercial procedure – Default judgment – Rule 22(1) High Court (Commercial Division) Procedure Rules – entitlement where defendants fail to file written statements of defence and substituted service is proved.
* Evidence – Proof of claim in default proceedings – refund of money and return (or value) of goods vs. specific (special) damages which must be pleaded and strictly proved.
* Remedies – general damages assessment, interest (pre- and post-judgment) and costs.
* Execution procedure – publication requirement under Rule 22(2) before execution of a default decree.
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26 November 2021 |
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Whether alleged misrepresentation vitiated the home-loan contract and whether substitution of mortgage security was agreed and breached.
Contract law – Misrepresentation – Burden of proof; Guarantee and substitution of security – enforceability of oral/written substitution agreement witnessed by bank officer; Liability of principal debtors for default – indemnity to guarantor; Remedies – monetary indemnity, discharge and substitution of mortgage, injunction, costs.
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26 November 2021 |
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A counterclaim is a separate pleading for page‑limit purposes; the applicant's page‑limit objection was overruled.
Commercial procedure – Rule 19(1) (page‑limit for pleadings) – Whether counterclaim counts toward the ten‑page limit; Civil Procedure Code – Order VIII (counterclaim and subsequent pleadings) – counterclaim as separate pleading; Overriding‑objective principle – relaxation of procedural defects to secure substantive justice; Preliminary objection – appropriate timing and effect.
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25 November 2021 |
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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.
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24 November 2021 |
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Photocopy of a lost lease is admissible where defendant fails to deny and witness had knowledge and access.
Evidence Act s66, s67(1)(b),(c) – secondary evidence – admissibility of photocopies of lost originals; Order VIII Rule 5 CPC – omission in pleadings treated as admission; competence to tender – witness with knowledge and prior access; no absolute requirement for police loss report.
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24 November 2021 |
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Suit for discharge and release of a title deed struck out because an earlier judgment already granted identical relief.
* Civil procedure – effect of prior judgment – where earlier judgment ordered discharge of mortgages and release of title deeds, subsequent suit seeking same relief struck out.
* Res judicata/res‑subjudice – Court will not issue duplicate orders affecting same property already dealt with by earlier effective order.
* Mortgage law – discharge and release of title deeds following satisfaction of banking facilities as ordered by court.
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23 November 2021 |
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Respondents' undertaking not to enforce securities preserved the status quo pending determination of jurisdictional objections.
* Commercial law – interim relief – application for injunction to restrain enforcement of securities pending main suit. * Status quo – undertaking by respondent in lieu of interim injunction accepted and certified. * Jurisdiction – choice‑of‑court clause may dispose of the main suit and thereby affect interlocutory applications.
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23 November 2021 |
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Published terms of business formed a unilateral contract making the respondent liable for negligent cargo handling and loss.
* Contract law – unilateral contract – Terms of Business held to create binding obligations to consignees. * Negligence – terminal operator liable for damage caused by its handling machinery. * Evidence – burden and standard of proof in civil claims; acceptance on balance of probabilities. * Insurance – withdrawal of insurer claim does not preclude direct contractual recovery. * Remedies – award of principal, general damages, court interest and costs.
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23 November 2021 |