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Citation
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Judgment date
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| October 2021 |
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Applicant failed to prove interest or possession to prevent sale; registered mortgage of the respondent prevailed.
Civil Procedure – Order XXI Rules 57–61 – objection to attachment – burden on claimant to prove interest or possession at attachment; Property law – registered legal mortgage prevails over unregistered contractual claims; Registration of documents affecting land – relevance to priority and enforceability of interests in land.
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29 October 2021 |
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Plaint fails to disclose a cause of action against director; corporate veil not lifted, director struck out with costs.
Civil procedure — Preliminary objection — Whether plaint discloses cause of action; corporate personality — separate legal entity; lifting corporate veil — requirements for personal liability of director; striking out defendant for failure to plead cause of action.
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29 October 2021 |
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Applicant granted extension where technical defects caused strike-out, prompt action and apparent point of law warranted condonation.
Civil procedure – Extension of time – Good cause – Technical delay due to incomplete record – Diligence and accounting for days of delay. Electronic filing – date of electronic submission is the effective filing date. Point of law/illegality – time-bar apparent on record can justify extension of time.
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27 October 2021 |
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Applicant failed to prove intent to defraud or irreparable loss; temporary injunction dismissed.
Civil procedure – temporary injunctions – Order XXXVII r.1(b) and section 68(e) CPC – requirement to show intention to dispose of property with a view to defraud creditors and likelihood of irreparable loss (nugatory judgment). Interim relief – balance of convenience and adequacy of damages as alternative remedy. Evidence – necessity of tangible proof of imminent sale or fraudulent intent to justify restraining asset disposition.
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26 October 2021 |
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Court declared attachment and eviction threats void, granted permanent injunction and awarded costs to the applicants.
Execution/Attachment — legality of attachment of property in execution; Declaratory relief and permanent injunction against eviction; Costs — discretion under s.30 Civil Procedure Code; costs follow the event; urgent chamber summons.
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22 October 2021 |
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Third parties must formally claim property interests under Order XXI after attachment; a judgment debtor cannot defeat execution at show‑cause stage.
Civil procedure – execution of decree – show‑cause proceedings – allegations of third‑party interests and encumbrance; Order XXI Rules 53(1) and 57(1) – third parties must object post‑attachment; judgment debtor cannot substitute for third‑party claim.
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22 October 2021 |
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Alleged civil contempt for breaching a prohibitory order must be proved beyond reasonable doubt.
Civil contempt – breach of prohibitory order – standard of proof – breach must be proved beyond reasonable doubt; Service of order – requirement for notice to judgment debtor; Evidence – affidavits, need for cogent evidence and cross-examination; Remedies – committal applications for civil contempt carry penal consequences and require criminal standard proof.
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20 October 2021 |
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Committal for civil contempt requires proof beyond reasonable doubt; alleged breach here was not so proven.
Civil contempt – breach of prohibitory order – carries penal consequences – standard of proof is beyond reasonable doubt. Service of order – requirement that judgment debtor be served with prohibitory notice under Order XXI r.53(1). Evidence – submissions are not evidence; need for cogent, direct evidence (witnessing or incontrovertible proof) to establish contempt.
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20 October 2021 |
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Validity of loan facilities, mortgage and guarantees upheld; defendants liable for TZS 1,536,804,520.86 plus interest and costs.
Commercial law – validity of loan and facility agreements – signatures and common seal; burden of proof on alleged forgery. Secured lending – mortgage of land and personal guarantees – requirements and evidentiary proof. Land law – service and sufficiency of default notice under section 127 of the Land Act. Civil procedure – assessment of quantum from loan statements and interest awards; costs follow the event.
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18 October 2021 |
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Plaintiff proved supply and breach; awarded outstanding balance, general damages, and interest; special damages not proved.
Contract — Sale of goods — Existence of contract established by LPOs, delivery notes and invoices; breach by non-payment. Damages — Special damages must be strictly proved; commercial pre-judgment interest and bank charges denied for lack of proof. Remedies — Decretal sum awarded, general damages, pre- and post-judgment interest and costs.
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18 October 2021 |
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Ex-parte finding: borrower breached overdraft and guarantors jointly liable to repay outstanding loan with interest.
Commercial law – overdraft facilities – breach of credit agreement – enforcement of mortgages, debentures and personal/director/shareholder guarantees – liability of guarantors – recovery from present and future assets – contractual and penal interest – ex-parte judgment.
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18 October 2021 |
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Plaintiff proved breach but only partial debt through pleaded dishonoured cheques; awarded specific sums, general damages, interest and costs.
Contract law – breach of contract for unpaid goods supplied on credit – proof of special damages requires orders, delivery/consignment notes and tax invoices; ledger alone insufficient – admissibility of unpleaded exhibits – dishonoured cheques as evidence – interest: commercial interest requires contractual or due-date proof; court may award interest on decretal sum – award of general damages and costs.
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18 October 2021 |
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A valid cession/assignment of debt confers on the assignee the right to sue despite the doctrine of privity.
Contract law – Doctrine of privity – cession/assignment of contractual rights as an exception to privity; assignee/cessionary may sue in place of assignor. Civil procedure – Plaint must be read with annexures to determine cause of action; preliminary strike-out under Order VII Rule 11. Assignment/cession – rights may generally be ceded without debtor’s consent; obligations require consent.
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15 October 2021 |
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Leave to appeal granted where the applicant raised sufficient legal issues challenging compliance of a default judgment with Order XX rules.
Appellate jurisdiction – Leave to appeal under s.5(1)(c) AJA – grantable where point(s) of law or public importance arise; Civil procedure – Default judgment – compliance with Order XX rules 4 & 5 CPC; Leave to appeal – requirement of reasonable prospects or disturbing features warranting Court of Appeal guidance; Costs awarded to successful leave applicant.
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15 October 2021 |
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Applicant claiming monetary refund failed to show entitlement to an injunction restraining respondents' assets; application dismissed.
Commercial law – interim relief – temporary injunction – Attilio v. Mbowe test: prima facie case, irreparable loss, balance of convenience. Monetary claims – claim for refund of money does not automatically permit injunction restraining disposal of respondents' property. Civil procedure – requirement to identify subject matter/property when seeking injunctive relief (Order XXXVII); appropriate remedy for securing monetary claims is pre-judgment attachment under Order XXXVI Rule 1(a)(iii).
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15 October 2021 |
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Oral shipping agreement, later written payment plan, breached; plaintiff proved unpaid USD 849,730 and recovered judgment with costs.
Commercial law – contract for carriage and agency services – oral agreement reduced to written debt repayment agreement – invoices payable within 30 days – proof of contract by conduct and statement of account – breach and recovery of unpaid invoices; ex parte proceedings where defendant failed to file witness statements.
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15 October 2021 |
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Plaintiff's claim on a performance bond dismissed as time‑barred; prior ruling did not decide limitation.
Limitation of actions – performance bond/guarantee – cause of action accrual on call and refusal – Law of Limitation Act s.3; Surety liability – co‑existence with principal debtor – Law of Contract Act s.80; Effect of arbitration – does not necessarily suspend limitation against guarantor; Res judicata – prior dismissal must have decided limitation to bar subsequent suit.
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15 October 2021 |
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The court granted execution and prohibitory orders after judgment debtors defaulted and failed to obtain a stay of execution.
Execution of decree — Default under deed of settlement — No stay of execution obtained — Adjournment to sell property insufficient — Prohibitory orders under Order XXI Rule 53(1) Civil Procedure Code — Grant of execution.
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13 October 2021 |
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Failure to file court-ordered witness statements after final pre-trial directions warrants dismissal for want of prosecution.
Commercial Procedure Rule 48 (as amended) final pre-trial conference determines manner of evidence; failure to file ordered witness statements equates to failure to prosecute and warrants dismissal; Rule 2(2) permits application of CPC (Order IX r.5) to fill lacuna.
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13 October 2021 |
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Court wound up two companies for mismanagement and disputes, appointed a liquidator, and recognised a secured creditor.
Companies law – Winding up – Just and equitable and inability to pay debts (s.279(1)(d) & (e)) Standing – Contributory/director with shares held over six months may present petition (s.281) Corporate governance – Failure to hold statutory meetings, maintain books, and intra-company disputes as grounds for winding up Limitation – Time bar for contractual claims distinguished from creditors' rights in liquidation; secured creditor recognised Liquidation – Appointment of official liquidator; duties, powers and reporting (ss.294, 299–307)
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8 October 2021 |
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Summary judgment granted where defendants, served by publication, failed to seek leave to defend a mortgage-backed loan claim.
Civil procedure – Summary judgment under Order XXXV – service by publication – failure to apply for leave to defend. Security enforcement – mortgage and consent – sale of mortgaged properties upon default. Remedies – decretal sum, bank-rate interest from default to judgment, court-rate interest thereafter, costs.
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8 October 2021 |
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Application for mareva/interlocutory injunction dismissed for lack of locus, triable issue, irreparable harm, and unfavorable balance of convenience.
Commercial injunctive relief – mareva/interlocutory injunction – requirements: prima facie triable issue, irreparable harm, balance of convenience – necessity of locus standi and cause of action – documentary evidence required to prove ownership – public interest noted but not dispositive.
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8 October 2021 |
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Review to reopen dismissed commercial suit over newly discovered loan documents denied for lacking due diligence.
Commercial review – scope and limits – review is a restricted remedy, not a re‑hearing or appeal in disguise. Review grounds – discovery of new and important evidence – strict requirement of due diligence to locate/produce originals. Procedure – amendments to grounds require leave; court will not entertain unpleaded grounds raised in submissions. Evidence – digitisation of records does not automatically justify failure to produce originals on review. Procedural ignorance – unfamiliarity with new rules is not a sufficient ground for review.
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8 October 2021 |
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Arrest and detention refused where creditor had not exhausted execution against collateral and no bad faith shown.
Execution — arrest and detention as civil prisoners — requirement to show judgment debtors acted in bad faith or obstructed execution — creditor must first exhaust remedies against available collateral — prior filings before decree not necessarily obstructive.
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7 October 2021 |
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Leave to appeal granted where High Court’s handling of competency, hearing rights and prior proceedings raised arguable issues.
Arbitration – registration of arbitral award – leave to appeal – discretion to grant leave – requirement of arguable grounds – right to be heard – suo motu jurisdictional determinations; relevance of prior proceedings and pending appeals.
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6 October 2021 |
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A prior withdrawal without leave bars re-filing similar proceedings; renewed objection dismissed as abuse of process.
Civil Procedure — Order XXIII Rule 1(3) CPC — withdrawal without leave to re-file bars subsequent identical applications; jurisdictional and preliminary objection; abuse of court process; resubmission of objection proceedings; subsistence of withdrawal order.
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5 October 2021 |
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Application for extension to file a witness statement dismissed for failure to account for delay and insufficient cause.
Civil procedure – Extension of time – discretionary equitable remedy – applicant must account for every day of delay and show diligence (Lyamuya; Bushiri). Insufficient cause – unsupported claims of travel/self-isolation and counsel unavailability do not justify extension. Requirement for documentary proof where travel/self-isolation is relied upon. Court may impute negligence where applicant sits idle until the deadline.
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5 October 2021 |
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Court granted leave to appeal on arguable points of law under the Arbitration Act and denied costs.
Arbitration Act s.74(4) – leave to appeal; Appellate Jurisdiction Act s.5(1)(c) – leave requirement; Leave discretionary – requires point of law or public importance; Authorities: BBC v Ng'imaryo; Rutatigana – test for granting leave; Costs – leave applications not routinely awarded costs against respondent.
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1 October 2021 |
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Court recorded the parties’ settlement as a decree and awarded costs to the plaintiff because the defendant paid only after suit was filed.
Consent judgment — Deed of Settlement filed under Order XXIII Rule 3 accepted and recorded as Court decree; Costs — discretion under section 30 Civil Procedure Act; Costs normally follow the event — defendant who compelled litigation by delayed payment liable for plaintiff's costs; Taxation of costs where parties settle principal but not costs.
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1 October 2021 |
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Whether late‑filed additional documents and notices to produce without leave breach the scheduling order or constitute abuse.
Civil procedure — scheduling orders and departure (Order VIII r.23); production of documents — Order VII r.14/18 and Order XIII r.1–2; notices to produce governed by Evidence Act s.68 not time‑limited by CPC; abuse of court process — scope and test; late list of documents expunged for lack of leave.
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1 October 2021 |
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Extension of time granted to file arbitral award because delay was caused by the arbitrator, not the applicant.
Arbitration — extension of time to file arbitral award for registration — whether delay attributable to arbitrator or applicant — duties of arbitrator to notify and to file award (Arbitration Act/Rules) — application of Lyamuya factors in granting extension.
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1 October 2021 |
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Failure to prove issuance of an SBLC in required form negates security-sharing and voids related securities; defendants’ counterclaims dismissed.
Banking law – standby letter of credit (SBLC) – condition precedent to drawing under foreign facility – absence of SBLC in form and substance voids Security Sharing Agreement and securities; security agent v. lender; foreign loan registration and documentary proof of underlying trade documents.
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1 October 2021 |
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Failure to issue the SBLC in the agreed form and substance rendered the security documents void and counterclaims dismissed.
Banking and finance – Structured trade loan – Condition precedent requiring SBLC/LC in form and substance; non‑issuance nullifies security architecture; Mortgages, debentures and guarantees held to secure a non‑existent SBLC are void; Role of local bank as security agent distinguished from lender; Foreign loan registration (Bank of Tanzania) – policy observations (obiter).
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1 October 2021 |