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Citation
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Judgment date
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| March 2021 |
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Court granted leave to appeal on whether failure to notify the Attorney General vitiated arbitration and on retrospective effect of amendment.
Leave to appeal – discretionary remedy – criteria for granting leave (arguable grounds, points of law, public importance); Appellate Jurisdiction Act s.5(1)(c) and Court of Appeal Rules r.45(a); Arbitration – requirement to notify Attorney General and effect of non-notification; Statutory amendment – retrospective operation of Written Laws (Miscellaneous Amendments) Act No.3 of 2016.
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31 March 2021 |
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Default judgment entered where plaintiff proved breach of hire‑purchase obligations; outstanding sum, interest, repossession and publication requirements ordered.
Commercial procedure – Default judgment under Rule 22 – requirements: proof of service, Form No.1 and affidavit in proof of claim – affidavit must prove claim with authenticated documents. Contract law – Hire Purchase Agreement – breach for failure to pay instalments – entitlement to principal, interest, damages and repossession
Enforcement – publication requirement under Rule 22(2) before execution of decree
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30 March 2021 |
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Default judgment granted where plaintiff proved service, Form No.1 and affidavit, entitling repossession and recovery of unpaid sum.
Commercial Court — Default judgment under Rule 22 (service, Form No.1, affidavit in proof) — Hire purchase agreement — Breach and unpaid balance — Repossession — Interest and damages — Publication condition before execution.
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30 March 2021 |
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30 March 2021 |
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Default judgment granted for proven lease debt; amount reduced to proven sum, interest, damages and execution conditions awarded.
Commercial law – Default judgment under High Court (Commercial Division) Procedure Rules, Rule 22(1) – requirements of service, Form No.1 and affidavit – proof of debt under vehicle lease and corporate guarantee – assessment of proven quantum, interest, damages and execution conditions under Rule 22(2)(a).
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29 March 2021 |
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Suit barred by Order II Rule 2(3) CPC; bank not liable because funds were not deposited into its lien account.
Civil procedure — Order II Rule 2(2) & (3) CPC — multiplicity of suits; cause of action; leave to sue for omitted reliefs; collateral security/lien treated as same cause of action
Contract/banking — letter of undertaking/lien — obligation to hold deposited funds; plaintiff’s failure to deposit with bank defeats bank’s liability
Evidence — burden to prove deposit into bank’s lien account
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29 March 2021 |
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Suit against defendant barred as same cause of action; defendant not liable because funds were deposited into seller's account.
Civil procedure – Order II Rule 2(2)–(3) CPC – successive suits and multiplicity of actions – requirement of leave where reliefs omitted or relinquished. Civil procedure – Order I Rule 3 – joinder of necessary parties where claims arise from same transaction
Banking/contract – letter of undertaking and lien – bank’s obligation arises only where funds are deposited into bank account specified to create lien. Forum shopping – instituting a second suit for same reliefs without leave is barred
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29 March 2021 |
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A satisfied arbitral award can be challenged, but no serious irregularity was shown; petition dismissed with costs.
Arbitration — challenge to award under Arbitration Act 2020 s.70 (serious irregularity) — effect of out‑of‑court satisfaction — scope of arbitral discretion on costs (s.63) — liquidated damages and right to be heard — VAT and contractual allocation of taxes.
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29 March 2021 |
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A satisfied arbitral award may be challenged, but the court dismissed the challenge for lack of serious irregularity.
Arbitration Act 2020 – section 70 – challenge of arbitral award for "serious irregularity"; limited court intervention. Finality of awards – out-of-court satisfaction does not automatically bar judicial challenge pending registration/recognition. Natural justice – arbitrator’s determination on liquidated damages upheld where issue was pleaded and parties heard
Costs – allocation of costs is within arbitral discretion; not a serious irregularity for not inviting bills of costs. Contract interpretation – VAT/taxes held covered by contractual clause; tribunal’s factual valuation not interfered with
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29 March 2021 |
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29 March 2021 |
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Court entered judgment on admission for the admitted debt of USD 60,260, leaving other claims for proof.
Civil Procedure — Judgment on admission — Order XII Rule 4 — Admission in pleading — Debt claim in commercial proceedings — Application for judgment on admitted sum.
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25 March 2021 |
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Court entered default judgment for the applicant for a proven loan balance reduced to TZS.77,101,973.15 with interest and costs.
Commercial law – loan agreement – breach by non-repayment after salary deductions ceased. Civil procedure – default judgment under Rule 22(1) – requirements: proof of substituted service, Form No.1 application and supporting affidavit
Evidence – documentary proof (exhibit P4) may reduce pleaded quantum; court assesses proven balance
Decrees – stay/conditions on execution under Rule 22(2)(a) pending service of decree to defendant
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23 March 2021 |
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Application withdrawn with leave to re-file due to a material missing affidavit constituting a formal defect.
Civil procedure — Withdrawal of application with liberty to re-file — Order XXIII Rule 1(1) & (2)(a),(b) CPC applicable to applications — Omission of supporting affidavit as formal defect — Rules as handmaids of justice.
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23 March 2021 |
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Additional documents filed under court leave before final pre‑trial conference may be admitted despite not being annexed to the plaint.
Civil Procedure – production and admissibility of documents – Order VII r.14(1), r.14(2) and r.18(1) – additional documents filed under court leave
Civil Procedure – Order XIII r.1(1)-(2) – production "at the first hearing" and late production with explanation. Pre-trial procedure – final pre-trial conference – timing and service of additional documents; prejudice requirement
Evidence – production under procedure does not dispense with general admissibility requirements under the Evidence Act
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19 March 2021 |
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Court granted extension of time to challenge a default judgment, finding alleged non-service and breach of natural justice constituted sufficient cause.
Extension of time – Law of Limitation Act s.14(1) – discretion to extend time – sufficiency of cause; Default judgment – non-service of summons – breach of natural justice/illegality as ground for extension; Unopposed applications – court’s duty to scrutinise; Pleading of illegality.
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12 March 2021 |
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Extension of time to appeal granted after court found delay explained, arguable illegality apparent, and prompt action taken.
Commercial procedure – extension of time to give notice of intention to appeal and to apply for leave to appeal; sufficiency of reasons – technical delay vs. actual delay; accounting for each day of delay; point of law/illegality apparent on the face of the record; exercise of judicial discretion in the interest of justice.
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10 March 2021 |
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5 March 2021 |