|
Citation
|
Judgment date
|
| October 2021 |
|
|
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.
|
1 October 2021 |
|
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.
|
1 October 2021 |
|
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.
|
1 October 2021 |
|
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.
|
1 October 2021 |
|
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).
|
1 October 2021 |
| September 2021 |
|
|
Setting aside an ex-parte judgment restores proceedings and requires serving missing pleadings and permitting filing of a defence.
Commercial procedure – Setting aside ex-parte judgment – Restoration of suit inter partes – Consequential procedural effects of curing denial of right to be heard; Service of pleadings – entitlement to be served and to file written statement of defence after restoration; Reversion to pre-trial processes (discoveries, interrogatories, pre-trial conference, mediation).
|
30 September 2021 |
|
A claim for specific damages must be specifically pleaded with particulars; general averments fail and are dismissible.
Civil procedure – Preliminary objection – Point of law under Mukisa Biscuits; Damages – Special/specific damages must be specifically pleaded, particularised and strictly proved; Pleadings – General averments do not suffice for specific damages.
|
30 September 2021 |
|
Applicant failed to show sufficient cause to extend time to apply to set aside an ex‑parte judgment.
Commercial procedure – extension of time to apply to set aside ex‑parte judgment – Limitation Act s.14(1) and rule 43(2) Commercial Court Rules – each day of delay must be accounted for – negligence of counsel not ordinarily sufficient – promptness and good faith required.
|
27 September 2021 |
|
Review rejected: a slip in identifying a contract party did not occasion injustice; possession, not the naming error, decided the objection.
Civil procedure — Review under Order XLII Rule 1(1)(b) CPC — error apparent on the face of the record must be obvious and occasion injustice to warrant review. Execution/attachment — Order XXI Rules 57–60 CPC — possession and demonstrable interest by a third party can defeat attachment. Review is not an appeal — factual and evaluative conclusions are not normally reviewable.
|
24 September 2021 |
|
Whether Tanzanian courts can wind up a local company despite foreign-law contracts and missing power of attorney.
Companies — Winding up — Jurisdiction of local courts over insolvency of locally incorporated companies despite contracts governed by foreign law; Arbitration — choice-of-law/arbitration clauses do not automatically oust winding-up jurisdiction where no genuine arbitrable dispute exists; Procedure — Requirement to file power of attorney and to show deponent's authority under Company (Insolvency) Rules and CPC Order III Rule 6(1).
|
24 September 2021 |
|
Respondent’s preliminary objections on documentary attachments and witness statement were improper as they raise mixed fact-law issues and are dismissed with costs.
Civil procedure — Preliminary objection — Must be a pure point of law, decided on pleadings only — Mukisa Biscuits test applied. Evidence — Admissibility and tendering of documents — Attachment of documents, notices under Evidence Act and certificates of authenticity are matters for trial procedure and factual scrutiny. Witness statements — Compliance with Rule 50 and 3rd Schedule — Non‑compliance raises mixed fact/law issues inappropriate for preliminary objection.
|
23 September 2021 |
|
Earlier-filed petition to register an arbitral award is not subjudice; later-filed applications cannot stay it.
Arbitration – recognition and enforcement of arbitral awards; Civil procedure – subjudice doctrine (section 8 CPC) – later-filed suit affected; Parties requirement – same parties or litigating under same title; Stay of proceedings – discretionary/inherent powers.
|
22 September 2021 |
|
A witness need not be maker or addressee to tender a document; certified public-document requirements may be cured, not automatically fatal.
Evidence – competency to tender documents – witness need not be maker or addressee if possessing knowledge and prior custody; Evidence Act ss.83,85(1) – public documents require certified copies and payment of fees; non-compliance not automatically fatal – court may allow cure in interests of justice.
|
21 September 2021 |
|
The petitioner was authorized to convene a shareholders' meeting and for presence (in person or proxy) to constitute quorum.
Companies Act s.137 – court power to order convening, holding and conducting of shareholders’ meeting; director quorum requirements; remedy where death of director leaves sole surviving director; deeming presence in person or by proxy as quorum; urgent supervisory relief to enable appointment of additional director.
|
17 September 2021 |
|
Failure to seek leave to defend under Order XXXV after valid substituted service resulted in admission and summary judgment for the plaintiff.
Civil Procedure – Order XXXV (Summary Procedure) – substituted service by publication – leave to defend required – failure to obtain leave constitutes admission – summary judgment; remedies: principal, contractual interest, court interest, costs.
|
17 September 2021 |
|
Award set aside for approving an unlawful contract variation that violated public procurement requirements, despite tribunal jurisdiction.
Arbitration — jurisdiction — effect of SCC excluding Dispute Adjudication Panel; Arbitration — prematurity and consent; Natural justice — bias and right to be heard; Contract interpretation — error of law not necessarily excess of power; Public procurement — unlawful contract variations and public policy; Setting aside awards — serious irregularity under section 75(2)(g) and remit v. set-aside under section 75(3).
|
17 September 2021 |
|
A commissioner for oaths who only testified is not disqualified under s.7 NPCOA absent proof of personal interest.
Notaries Public and Commissioners for Oaths Act (Cap.12 R.E.2019) – s.7 – disqualification for being 'interested' – meaning of 'interested' witness – prior attendance as witness does not automatically disqualify – requirement for clinching material showing personal benefit – remedy for defective affidavits.
|
16 September 2021 |
|
Alleged lack of magistrate’s pecuniary jurisdiction constituted sufficient cause for stay of execution, subject to security.
Civil Procedure — Stay of execution — Order XXXIX rules 5(1) and 5(3) CPC — Alleged illegality (lack of pecuniary jurisdiction) as sufficient cause — Requirements: substantial loss, no unreasonable delay, security — Effect of statutory amendment on jurisdiction.
|
16 September 2021 |
|
Applicant must exhaust the Fair Competition Tribunal’s internal review remedy before seeking judicial review; application struck out with costs.
Administrative law — Judicial review — Requirement to exhaust internal remedies — Fair Competition Tribunal Rule 50(1) — Tribunal’s power to review its own decisions — Specialised forum precedent — Leave to apply for certiorari/mandamus — Competence of application.
|
15 September 2021 |
|
Application struck out where special power of attorney did not authorise affidavit and supporting affidavit was incompetent.
Civil Procedure – Order XXXVII Rule 2(1) CPC – temporary injunctions available after suit conclusion; Power of attorney – special vs general – limits on authority to swear affidavits; Competence of supporting affidavit – noncompliance with Order XLII Rule 2 renders chamber summons invalid; Abuse of process – injunction filed before execution proceedings is not a disguised stay.
|
14 September 2021 |
|
Preliminary objection dismissed due to sufficient compliance with Order VII Rules in the plaint.
Civil procedure – Preliminary objection – Compliance with Order VII Rule 1 and Rule 2 of CPC – Jurisdiction
|
13 September 2021 |
|
|
10 September 2021 |
|
Insurer granted leave to join co-defendant as third party seeking indemnity; ex parte duty of full disclosure emphasized.
Third-party procedure – Order 1 Rule 14 CPC – leave to file third‑party notice – requirement to show entitlement to contribution or indemnity on face of pleadings and affidavit – ex parte applications require full disclosure of material facts.
|
10 September 2021 |
|
Court registered a lawful Deed of Settlement under Order XXIII r.3, incorporated it as decree and marked the petition settled.
Civil Procedure – Order XXIII Rule 3 – Deed of Settlement – consent decree – recording and registration of lawful settlement – effect: petition marked settled and court to pass decree in accordance therewith.
|
9 September 2021 |
|
Default judgment for the applicant’s unpaid bulk SMS charges after substituted service and respondent’s failure to defend.
Commercial law – Contract for supply of services – Bulk SMS service agreement – invoiced charges and unpaid balance. Civil procedure – Default judgment – substituted service by publication where personal service failed – failure to file written statement of defence. Remedies – assessment of claim on pleadings and annexed contract sufficient for default judgment; interest awarded (Bank of Tanzania commercial rate and 7% court rate) and costs. Execution – decree execution subject to compliance with Rule 22(2) of the Commercial Court (Commercial Division) Rules.
|
8 September 2021 |
|
Court set aside dismissal for want of prosecution after applicant and advocate proved they were indisposed, and restored the application.
Civil procedure – dismissal for want of prosecution – setting aside dismissal – sufficient cause – illness of applicant and advocate – Section 95 and Order IX Rule 4, Civil Procedure Code.
|
6 September 2021 |
|
Applicants raised triable disputes about repayment and loan authenticity and were granted leave to defend a mortgage-based summary suit.
Civil procedure – Summary suit – Leave to appear and defend – Mortgage-based summary suits – Requirement to show loan or portion discharged or loan not taken (Order XXXV Rule 3(1)(c)(i)&(ii)). Triable issues – dispute as to servicing, amount advanced and alleged unauthorized borrowing. Precedent considered: TTCL v Lwoga; Kundanlal Restaurant v Devshi.
|
6 September 2021 |
|
Court partly allowed taxation reference, re‑assessing instruction fees and attendances after finding Taxing Officer failed to consider relevant factors.
Taxation of costs – whether EFD receipts required – retrospective application of changed authority – exercise of taxing officer’s discretion – applicable scales under Advocates' Remuneration Order (9th Schedule v. 11th Schedule(k)) – proof of disbursements.
|
3 September 2021 |
|
Plaintiff wrongfully cancelled an oral supply contract; defendant entitled to TZS 19,008,000 set-off and costs.
Contract law – oral sale agreement for supply of goods – time for delivery not specified – time not of the essence absent express term (s.55(2) Law of Contract). Remedies – cancellation of contract – requirement of reasonable notice; wrongful cancellation entitles supplier to set-off for incurred transport costs. Commercial disputes – encouragement of mediation to avoid unnecessary costs.
|
2 September 2021 |
|
Photocopied investment agreement excluded for failure to account for the original; stamping and execution defects were curable or go to weight.
Evidence — Documentary evidence — Stamp Duty Act non‑compliance curable by payment; Companies Act s39 execution issues affect weight not admissibility; Secondary evidence (photocopy) inadmissible absent account for original under TEA s66–68 and s67 conditions; Notice to produce does not substitute statutory requirements.
|
1 September 2021 |
| August 2021 |
|
|
The court granted the applicant an extension to seek setting aside of an ex parte judgment despite counsel's delay.
Extension of time – whether delay in obtaining copies of ex parte judgment is sufficient cause – copies of judgment/decree not necessary for setting aside by same court – negligence of counsel and discretionary relief – interest of justice.
|
31 August 2021 |
|
Leave to appeal refused because the Arbitration Act 2020 requires court leave before enforcement, overtaking prior registration procedure.
Arbitration — Enforcement of arbitral awards — leave to enforce required under Arbitration Act, 2020 s68; filing/registration under old law no longer sufficient. Transitional provisions — Arbitration Act, 2020 s91 — pending proceedings to proceed in light of new Act. Court functus officio — effect of registration superseded by new statutory leave requirement. Procedural remedies — review of registration decision versus appeal.
|
28 August 2021 |
|
Court upheld mortgage validity, found defendants in default, awarded outstanding loan with contractual and post-judgment interest and enforcement rights.
Banking law – overdraft and term loan – evidence of indebtedness and enforcement of securities; Mortgage and chattel mortgage – validity and registration – clerical date discrepancies not fatal to validity; Loan recovery – demand and default notices – entitlement to commence enforcement; Interest – contractual penal interest and post-judgment interest; Civil burden of proof – documentary evidence and bank statements accepted.
|
28 August 2021 |
|
The plaintiff may recover USD 8,453,067.80 plus contractual and court interest from the defendants for loan default.
Commercial law – Loan facility and mortgage security; enforcement of term loan; disbursement under contractual discretion; default and acceleration; guarantor liability – co‑extensive with principal debtor; contractual interest and court interest; costs awarded.
|
25 August 2021 |
|
Failure to return shipping containers breached the carriage contract; plaintiff awarded demurrage, general damages, interest and costs.
Contract law – carriage of goods by road – failure to return empty shipping containers – breach of contract; Remedies – demurrage as liquidated/quantified loss and continuing per‑day accrual; General damages for business reputation – awarded on correspondence and witness evidence despite limited accounting proof; Interest – court reduces claimed commercial rates to reasonable rates in USD cases; Procedure – service by publication and ex parte proof permitted where defendants absent.
|
25 August 2021 |
|
A notice of appeal does not automatically stay execution; the debtor must obtain a stay from the Court of Appeal or show sufficient cause.
Civil procedure – Execution – Effect of notice of appeal – Filing a notice of appeal does not automatically stay execution; appeal is not a bar to execution under Order XXXIX Rule 5(1) CPC. Jurisdiction – High Court and Court of Appeal – Court of Appeal may grant stay of execution after notice of appeal; application for stay must be made to the Court of Appeal. Stay of execution – burden on judgment debtor to obtain stay or show sufficient cause to prevent execution.
|
24 August 2021 |
|
A dismissal of registration proceedings rendered the court functus officio, barring a later extension application as abuse of process.
Commercial law — Arbitration — Registration of arbitral award — Effect of dismissal for being time-barred; functus officio — Extension of time — Abuse of court process — Proper remedy is appeal or review, not refiling before the same court.
|
20 August 2021 |
|
Court dismissed petition to set aside arbitral award, finding proper appointment, fair proceedings, and no serious irregularity.
Arbitration — Appointment of arbitrator under contractual clause — alternative appointment by agreed mechanism valid; Arbitration — Section 35 Arbitration Act 2020 — impartiality and right to be heard; Arbitration — Limits on court review — errors on merits are not grounds to set aside award; Arbitration — Serious irregularity under s.70 — failure to consider evidence or exceed powers must cause substantial injustice; Arbitration — General damages — pleadings and discretionary quantification.
|
19 August 2021 |
|
Court registered a lawful deed of settlement under Order XXIII Rule 3 and entered a consent decree settling the suit.
Consent judgment – Deed of settlement – Order XXIII Rule 3 Civil Procedure Code – Court’s duty to record lawful compromise and enter decree – Registration of settlement as part of consent decree.
|
19 August 2021 |
|
Borrower defaulted; contract not frustrated by military interference; guarantors liable for outstanding loan.
Commercial law – loan facility – default and guarantor liability; contract frustration – foreseeability and third-party interference; mortgage security and restructuring of loan.
|
18 August 2021 |
|
The decree holder cannot imprison a non-party director for a company debt without first lifting the corporate veil.
Commercial execution – arrest and civil imprisonment – whether execution can be levied against a non-party director without lifting corporate veil; Order XXI Rule 39 (Civil Procedure Code) referenced.
|
18 August 2021 |
|
Company’s lack of board resolution excused by shareholder deadlock; advocate disqualified for prior firm’s representation of respondents.
Civil procedure – preliminary objections – necessity of board resolution for company to sue – factual exceptions where deadlock makes authorization impracticable. Professional ethics – conflict of interest – disqualification of advocate who previously worked in a firm that represented the opposing party on related matters. Remedies – substitution of counsel versus striking out; court discretion to preserve applicants’ right to representation. Application for injunction/arbitral award preservation – interlocutory relief pending substantive disputes.
|
16 August 2021 |
|
Applicant permitted to amend plaint to join Registrar and a third-party registrant as necessary for effective resolution of trademark dispute.
Civil procedure – Amendment of pleadings – Order VI Rule 17 – reliance on opponent's pleadings as basis for amendment; necessity, bona fides and prejudice tested. Intellectual property – Trade mark infringement and passing off – whether registration disputes require joining Registrar and other registrants as necessary parties. Necessary parties – custodian of register’s role and effect on executable relief (injunctions) and multiplicity of suits.
|
16 August 2021 |
|
Plaintiff proved overpayments via bank statements and is awarded refunds, interest and costs; defendant's counterclaim dismissed.
Commercial law – clearing and forwarding agency – overpayment claimed via bank statements – counterclaim for unpaid invoices – burden and strict proof of specific monetary claims – documentary evidence controls; award of decretal interest and costs.
|
13 August 2021 |
|
Borrower’s restructuring and duress claims failed; lender awarded judgment, interest, receiver appointment and enforcement powers.
Commercial lending — loan default — secured by debenture and legal mortgage — allegations of frustrated restructuring and estoppel — claim of duress in mortgage execution — claim of unlawful arrangement fees and penalties — proof on balance of probabilities — appointment of receiver-manager and enforcement remedies granted to lender.
|
13 August 2021 |
|
A continuing failure to pay periodic rent creates successive causes of action, so the claim was not time-barred.
Limitation of actions – continuing breach – monthly rent obligations constitute successive causes of action under section 7 of the Law of Limitation Act; accrual of cause of action runs from last unpaid instalment.
|
13 August 2021 |
|
The applicant's voluntary withdrawal of a commercial application was granted, with no orders as to costs.
Civil procedure — Withdrawal of application under Order XII Rule 4 CPC — Unopposed withdrawal — No order as to costs.
|
12 August 2021 |
|
Applicant’s failure to appear (through counsel) led to dismissal for want of prosecution of application to defend a summary suit.
Civil procedure – dismissal for want of prosecution – non-appearance of applicant’s counsel at hearing – application to defend summary suit under Order XXXV CPC and Mortgage Financing (Special Provisions) Act – discretion as to costs.
|
12 August 2021 |
|
|
11 August 2021 |
|
Court recorded parties' deed of settlement as consent judgment, finding it complied with Order 23 Rule 3 CPC.
Commercial Division – Consent judgment – Deed of Settlement – Compliance with Order 23 Rule 3 CPC (Cap. 33 R.E. 2019) – Recording settlement as compromise and court decree – Amendment deleting consolidation clause accepted.
|
10 August 2021 |