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Citation
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Judgment date
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| June 2021 |
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28 June 2021 |
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Court granted winding-up petition after finding insolvency and procedural compliance, appointing an official liquidator.
Companies Act – Winding up – Insolvency (unable to pay debts) – Proof via audited accounts. Companies Insolvency Rules – Requirement to advertise petition and file certificate of compliance. Appointment of official liquidator – statutory powers and duties; filing final accounts and report. Costs – no order as petition was unopposed.
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25 June 2021 |
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Default judgment entered against 1st and 3rd defendants for unpaid overdraft; plaintiff entitled to recover debt and realize securities.
Commercial law – Default judgment under Rule 22(1) – substituted service and publication – proof of claim by affidavit and annexures. Banking / secured lending – overdraft facility – personal guarantee – debenture, liens and chattel mortgage – realization of securities upon default. Remedies – decretal sum, contractual and post-judgment interest (17% to judgment; 7% thereafter) and costs. Procedure – conditions on execution of decree requiring publication under Rule 22(2).
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25 June 2021 |
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A belated EFD receipt together with a prior invoice can validate taxed instruction fees; taxation upheld and reference dismissed.
Taxation of costs – instruction fees – proof of payment – role of tax invoice and Electronic Fiscal Device (EFD) receipt; Interaction between Advocates Remuneration Order and Income Tax Regulations – timing of EFD issuance; Champerty – evidential burden to prove illegality of legal fee arrangement; Review of Taxing Officer’s ruling – appellate interference limited absent error.
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25 June 2021 |
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Suit to enforce DRC judgment dismissed because an ICC award registered as a Tanzanian decree restrains enforcement.
• Enforcement of foreign judgments – attempted enforcement of DRC Commercial Court judgment vs. settlement agreement
• Arbitration – ICC award concerning settlement interpretation and anti‑suit injunctions
• Registration of foreign arbitral award – award registered as decree of Tanzanian High Court; legal effect
• Functus officio – registered decree precluding re‑litigation/further enforcement in same court
• Locus standi – plaintiff required to prove interest despite earlier permissive ruling
• Corporate veil/piercing – pleaded but not determined due to dispositive maintainability ruling
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25 June 2021 |
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24 June 2021 |
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18 June 2021 |
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Limitation for leave to file a third‑party notice is not computed from filing the defence; objection dismissed.
Civil Procedure – Order I r.14 – Third‑party notice – leave required – sub‑rule (2) requires stating stage proceedings have reached – Limitation law (Item 21, Part III, First Schedule to Law of Limitation Act) – time for leave application not pegged to filing of defence – preliminary objection dismissed.
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18 June 2021 |
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Default judgment entered after plaintiff proved supply and outstanding debt; court awarded principal, interest, damages and costs.
Commercial law – Contract for supply of goods; Default judgment under Rule 22(1) High Court (Commercial Division) Procedure Rules; substituted service and proof of service; evidentiary sufficiency of affidavit and original documents to prove claim; award of principal, interest and general damages; publication requirement before execution under Rule 22(2).
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18 June 2021 |
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Court registered parties' Deed of Settlement under Order XXIII Rule 3 and entered consent decree; suit marked settled.
Civil procedure — Order XXIII Rule 3 CPC — Recording and registration of Deed of Settlement; Consent judgment — court obligation to record lawful agreement and enter decree; Reference to Court of Appeal authority on settlements.
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15 June 2021 |
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15 June 2021 |
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14 June 2021 |
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11 June 2021 |
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11 June 2021 |
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4 June 2021 |
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3 June 2021 |
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2 June 2021 |
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2 June 2021 |
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1 June 2021 |
| May 2021 |
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Court recorded parties' lawful settlement under Order XXIII Rule 3 and entered a consent decree, marking the suit settled.
Civil Procedure – Order XXIII Rule 3 CPC – Recording of lawful settlements – Court required to record and pass decree in terms of compromise. Consent decree – Incorporation of deed of settlement into court’s order and finality of settlement disposing whole suit. Settlement – Effect of recorded settlement is to mark suit settled and terminate proceedings to that extent.
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31 May 2021 |
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28 May 2021 |
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28 May 2021 |
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28 May 2021 |
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27 May 2021 |
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A foreign arbitral award cannot be registered where a prior court order revoked the arbitration submission clause underpinning it.
Arbitration — Registration and enforcement of foreign arbitral awards; Procedural requirements for challenging awards — petitions under Regulation 63(1); Validity and enforceability where domestic court revoked arbitration clause — Regulation 66(3)(b); Conflict between arbitral award and prior domestic court order; Functus officio and limits on a court revisiting its own unappealed orders.
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26 May 2021 |
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25 May 2021 |
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24 May 2021 |
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24 May 2021 |
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24 May 2021 |
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21 May 2021 |
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20 May 2021 |
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18 May 2021 |
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Whether EFD receipts are required to prove instruction fees where costs were incurred before the 2015 legislation.
Advocates' instruction fees — taxation of costs — requirement of EFD/receipts — effect of timing and retrospectivity of Advocates Remuneration Order, 2015 and Tax Administration Act, 2015 — application of old rules where cause pre-dates new laws — scale (3%) for liquidated claims.
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17 May 2021 |
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17 May 2021 |
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17 May 2021 |
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12 May 2021 |
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12 May 2021 |
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12 May 2021 |
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11 May 2021 |
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11 May 2021 |
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11 May 2021 |
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10 May 2021 |
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10 May 2021 |
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10 May 2021 |
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7 May 2021 |
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7 May 2021 |
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7 May 2021 |
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7 May 2021 |
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Court recorded and adopted parties' Deed of Settlement as a consent judgment under Order XXIII Rule 3 CPC.
Civil Procedure – Consent settlement – Deed of Settlement – Order XXIII Rule 3 CPC – Court power to record and adopt lawful compromise as judgment and decree – Consent judgment enforcement.
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6 May 2021 |
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6 May 2021 |