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Citation
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Judgment date
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| December 2022 |
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Dismissal for non-appearance was set aside where the applicant proved lack of notice of the ruling and pre-trial date.
Civil procedure – High Court (Commercial Division) Procedure Rules 2012 r.31(1) & (2) – setting aside dismissal for non-appearance – sufficiency of cause where party lacked notice of ruling/pre-trial – court’s discretion and consideration of prejudice/overriding objective.
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29 December 2022 |
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Court upheld taxing officer’s award of two‑thirds of 3% instruction fee based on the decretal sum.
* Taxation of costs – instruction fee – computation under item 8 of the Ninth Schedule to the Advocates Remuneration Order, 2015 – 3% for claims above threshold and two‑thirds where no defence filed. * Taxation – appellate interference – court will not disturb taxing officer’s discretion absent injudicious exercise or wrong principle. * Advocates Remuneration – application of scale versus case-specific circumstances (Order 48 argument rejected).
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27 December 2022 |
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Court recorded parties' settlement as consent judgment ordering instalment payments with enforcement on default.
Civil procedure — Consent judgment — Recording and adoption of settlement deed under Order XXIII r.3 CPC and High Court (Commercial Division) r.2(2) — Payment-in-instalments — Default and acceleration clause — Costs each party bears own.
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22 December 2022 |
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Where a contract requires arbitration, the court may strike out a prematurely filed suit and direct arbitration.
Arbitration clause — mandatory referral to arbitration before court proceedings; Court powers under Arbitration Act s.15 — stay proceedings or strike out; Suit premature where arbitration not commenced; Avoiding indefinite stays and case backlog.
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22 December 2022 |
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Leave to appeal granted because the proposed appeal raises arguable issues on subrogation, privity and negligence.
* Appellate procedure — leave to appeal — grant where proposed appeal raises arguable or novel issues of law or fact requiring Court of Appeal consideration. * Insurance law — subrogation vis-à-vis privity of contract — whether subrogation can be exercised where insured not party to contract. * Civil procedure — leave stage inappropriate for merits determination; negligence not pleaded — question of whether reliance on unpleaded tort raises appellate issue. * Tort — duty of care and recoverability of economic loss.
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21 December 2022 |
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Leave granted to appeal on the proper interpretation and application of Order 48 of the Advocates Remuneration Order, 2015.
Advocates Remuneration Order 2015 (Order 48) – Interpretation – Taxation of bills of costs – Whether excessive items taxed off affect entitlement to costs – Leave to appeal – Existence of conflicting High Court decisions warranting authoritative determination by Court of Appeal.
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15 December 2022 |
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An application for extension of time is unmaintainable after the applicant's earlier time‑barred petition was struck out.
Law of Limitation – extension of time – maintainability after time‑barred petition; striking out treated as dismissal – re‑filing barred; remedy is appeal to Court of Appeal.
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14 December 2022 |
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Court recorded parties’ settlement as consent judgment, fixing repayment schedule and enforcement rights on default.
Consent judgment — Deed of settlement recorded under Order XXIII Rule 3 Civil Procedure Code; waiver of penal interest; agreed repayment schedule; enforcement rights on default including sale of securities and execution without further proceedings or notice; High Court (Commercial Division) Procedure Rules.
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14 December 2022 |
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Court adopted parties’ deed of settlement as consent judgment reducing the bank’s claim to TSH 90,000,000 with repayment and enforcement terms.
* Commercial law – Debt recovery – Consent judgment – Court adoption of deed of settlement under Order XXIII Rule 3 CPC. * Enforcement of securities – mortgage release on payment and sale of collateral on default. * Agreement limiting bank’s further claims where sale proceeds insufficient; obligation to return excess proceeds.
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14 December 2022 |
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Attachment before judgment granted where disabled tracking and lack of evidence indicated risk of vehicles being concealed or removed.
Civil procedure – Attachment before judgment – Order XXXVI Rule 6; Evidence Act s.110 – burden of proof; vehicle tracking disabled as circumstantial evidence of removal/concealment; affidavits must avoid prayers and legal argument; costs in main cause.
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14 December 2022 |
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Court records parties' settlement as consent judgment, making the payment plan and security enforcement binding and enforceable.
* Commercial law – consent judgment – adoption of deed of settlement as court decree under Order XXIII Rule 3.
* Enforcement – settlement terms enforceable as decree; default clause renders whole sum immediately payable.
* Security enforcement – mortgage, debenture and guarantees remain valid until full payment; power of sale and realization on default.
* Release – mortgagor consent to sale and release of future claims regarding the mortgaged property.
* Costs – defendants to bear costs of the suit.
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13 December 2022 |
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Plaintiff repaid loan but could not prove special losses; awarded duplicate title, TZS 20,000,000 general damages, interest and costs.
Mortgage security – surrender of original title deed to bank – loss of original certificate – duty to report loss and procure duplicate – claimant's duty to cooperate – proof required for special damages – award of general damages, interest and costs.
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12 December 2022 |
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Application for extension of time to appeal dismissed as abuse of process; applicants failed to show good cause.
Civil procedure – extension of time to appeal – sufficient cause – discretionary factors (length of delay, reasons, prejudice, conduct); Appealability – Court of Appeal finding that impugned ruling was not appealable; Abuse of process – repeated trivial applications to delay pending Commercial Cause; Law of Limitation Act s.21(2) and technical delay.
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12 December 2022 |
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Joinder of a government agency as third party does not mandate Attorney General joinder; TASAC lacks jurisdiction absent regulated service providers.
Government Proceedings Act – non-joinder of Attorney General – third party does not become defendant unless plaintiff so elects; TASAC Regulations (GN No. 338/2018) – jurisdiction limited to regulated service providers and mainland services; Pleadings – third party notice and annexures may suffice to plead negligence.
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12 December 2022 |
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Applicant failed to prove irreparable harm; interim injunction refused and parties ordered to proceed with the main suit.
Commercial law – interlocutory injunctions – requirements: prima facie case, irreparable harm not compensable by damages, balance of convenience; procedural point – withdrawn preliminary objection cannot be revived; court will not decide matters reserved for the main suit when dealing with interim relief.
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8 December 2022 |
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The Taxing Officer’s instruction-fee award was upheld, but separate court-attendance fees were disallowed as duplicative.
* Taxation of costs – Advocates Remuneration Order – instruction fees – assessment guided by nature, complexity, time and proportion of claim to trial – wide discretion of Taxing Officer; court interference only if decision is injudicious.
* Taxation of costs – court attendance fees – where attendance is part of advocacy, separate attendance fees may be disallowed as duplicative.
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7 December 2022 |
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Applicant's plaint disclosed a cause of action; respondent's preliminary objections for lack of particulars and embarrassment dismissed.
Civil Procedure – Pleadings – Order VI Rules 3, 4 & 16; particulars of fraud/breach of trust and undue influence; when preliminary objections are inappropriate because they raise factual issues; plaint must disclose cause of action (Auto Garage test; Mukisa Biscuits).
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7 December 2022 |
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An advocate who attested a document used in the same proceedings is disqualified for conflict of interest.
Notary Public/Commissioner for Oaths Act s.7; Advocates (Professional Conduct and Etiquette) Reg.45 G.N.118/2018; conflict of interest — advocate who attested a document relied on in same proceedings; disqualification to avoid prejudice/embarrassment; early determination to prevent wasted court resources.
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5 December 2022 |
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An advocate who attested a security document as commissioner for oaths is disqualified from representing parties in the same matter.
* Professional conduct – Advocate also Commissioner for Oaths – Conflict of interest arising from attestation of documents relied on as evidence; applicability of Section 7 Cap 12 R.E. 2019 and Regulation 45 G.N. 118/2018.
* Disqualification – Real possibility of being called as witness or embarrassment suffices; disqualification may be ordered before actual testimony.
* Procedure – Court may determine conflict of interest early to avoid wasting proceedings and expungement of records.
* Remedy – Disqualification with opportunity to obtain new counsel; costs allocation.
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5 December 2022 |
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Preliminary objection that registration of an arbitral award was time‑barred was overruled; government fee exemption made e‑filing admission the filing date.
* Arbitration — Registration of arbitral awards — Limitation period six months from publication (Law of Limitation Act, item 18, Part III). * Civil procedure — E‑filing — Filing date: admission into e‑filing system vs payment of court fees. * Court fees — Government entities exempt under Rule 7(1), G.N. No. 247 of 2018; effect on filing date. * Preliminary objections — Mukisa Biscuits principle: PO must raise a pure point of law resolvable on the record, not requiring external evidence.
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2 December 2022 |
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Guarantors liable after borrower default; two securities sold, outstanding TZS 60,861,055 plus agreed interest and costs.
* Banking law – Loan facilities – default and exercise of power of sale by mortgagee – auction sales and proof of proceeds.
* Contract of guarantee – guarantors’ liability co‑extensive with principal debtor under Section 80 Law of Contract Act.
* Evidence – party alleging disposition or higher receipts bears burden to prove on balance of probabilities.
* Remedies – decretal sum, contractual interest, penalty interest, general damages, post‑judgment interest and costs.
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2 December 2022 |
| November 2022 |
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Court awarded proved outstanding loan of TZS 2,293,114,643.65; sale of securities lawful; counterclaim dismissed; costs shared.
Banking law – loan facilities and guarantees; proof of disbursement – reliance on bank account statements; disposal of securities – requirements for immovable (public notice) and movable property; interest calculation and deductions – necessity to account for proceeds and seized deposits; entitlement to claim unrecovered balance after sale of securities.
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30 November 2022 |
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Whether the applicant may set aside the Taxing Officer's award of instruction fees under the statutory scale.
Taxation of costs — Judicial review limited to error in principle or manifestly excessive/insufficient quantum; Advocates Remuneration Order (2015) — application of statutory scale (3%) and taxing officer’s discretion; Subject-matter value ascertainable from pleadings; Taxing officer may proceed in absence of parties.
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30 November 2022 |
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A company must have a board resolution authorising litigation; absence renders the plaintiff's suit incompetent.
Company law – requirement of board/shareholders' resolution to authorise litigation; Civil procedure – competence of plaint where corporate authorisation absent; Binding precedent – Court of Appeal decisions binding on subordinate courts despite foreign contrary authority.
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29 November 2022 |
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A contractual claim for compensation arising from failure to issue fiscal receipts is not automatically a tax dispute for the Tax Board.
Jurisdiction — Tax Revenue Appeals Board (s.7) — exclusive original jurisdiction only for disputes arising from administration of revenue laws — genesis of dispute controls jurisdiction — contractual claim for compensation over failure to issue EFD receipts is a civil matter, not a tax dispute — Mukisa test for preliminary objections.
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29 November 2022 |
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Default judgment granted for recovery of restructured loan; guarantors held jointly and severally liable with contractual and post‑judgment interest.
Commercial law – Loan facility and deed of variation – Default judgment under Rule 22(1) – Service by publication – Directors' guarantee and joint and several liability – Contractual and post‑judgment interest – Evidence by affidavit and supporting documents.
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28 November 2022 |
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A non-self-contained consent decree is not executable; sale by private treaty in execution of such decree is null and set aside.
Civil procedure — execution of decrees — decree must be self-contained and properly extracted (Order XX Rule 6(1)); sales in execution must be by public auction (Order XXI Rule 64) and preceded by proclamation (Rule 65); sale by private treaty in purported execution is null; Rule 91 refund/remedies.
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28 November 2022 |
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Delivery was proven from parties’ own records; only the admitted Tshs.12,042,500 was awarded, remaining claims dismissed.
* Contract/Sale of goods – delivery: documentary reconciliation may establish delivery even if invoices were billed to third parties. * Evidence – burden of proof (s.110 Evidence Act): claimant must prove facts on balance of probabilities; special damages require strict proof. * Loss of profit – special damages: requires clear, consistent and authenticated accounting records. * Sale of Goods Act (s.37) and acceptance: acceptance of goods or failure to complain may bar later denial of delivery.
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25 November 2022 |
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A foreign award conflicting with a domestic judgment declaring the underlying agreement void cannot be registered or enforced.
* Arbitration — Recognition and enforcement of foreign awards — Registration under Arbitration Act s.78 — Refusal where award conflicts with domestic judgment declaring underlying agreement void ab initio.
* Private contracts — Validity and presentation of parties — Lack of consent and improper execution as ground to refuse enforcement.
* Choice of law and chronology — Choice of foreign law or earlier foreign award does not override a domestic court's prior determination on validity between same parties.
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25 November 2022 |
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A preliminary objection that annexures were uncertified failed because certification appeared and advocate status of certifier required evidentiary proof.
Arbitration Act/Rules – Rule 63(1) – requirement to annex original or certified copy of arbitral award; Certification by Notary Public/Commissioner for Oaths; Preliminary objection – pure point of law versus mixed question of fact and law; Mukisa principle – limits on deciding factual disputes on preliminary objections.
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25 November 2022 |
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A preliminary objection on uncertified annexures was overruled because certification appeared on the record and factual disputes cannot be decided on a PO.
* Arbitration law – Rule 63(1) (Arbitration (Rules of Procedures) 2021) – requirement to annex original or certified copies of award – certification by notary/advocate.
* Civil procedure – preliminary objection – distinction between pure point of law and mixed question of law and fact; factual disputes not to be decided on preliminary objection.
* Court practice – power to peruse pleadings/records but inability to resolve evidentiary facts at PO stage.
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25 November 2022 |
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Applicant's claim against the respondent for company debts dismissed for lack of proof and corporate separation.
* Companies law – shareholder liability – personal liability of paid-up shareholders ordinarily arises on winding up, not by informal internal resolutions; * Evidence – necessity of documentary proof (resolutions, notices, audited accounts) to establish corporate indebtedness and fixation of shareholder liability; * Civil procedure – failure to reply to a paragraph does not automatically establish admission where the defence, read as a whole, denies claims; Order XII r.4 (judgment on admission) must be invoked where appropriate; * Corporate personality – Salomon principle prevents suing shareholders for company debts absent legal basis.
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25 November 2022 |
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Counsel’s illness justified setting aside a dismissal, though counsel should have notified the court or sent a substitute.
* Civil procedure – Order IX r.6(1) CPC – setting aside dismissal for non-appearance; medical incapacity of counsel as sufficient cause; duty to notify court or send substitute counsel; costs award for appearance and prosecution.
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24 November 2022 |
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Oral supply contract enforced; respondent liable for unpaid goods, interest and costs.
* Contract law – oral supply agreements recognised under Law of Contract Act and Sale of Goods Act – invoices and delivery notes as proof of supply.
* Evidence – delivery notes, signed invoices and dishonoured post-dated cheques support claim; failure to call intended witness and failure to cross-examine undermines defence.
* Breach of contract – non-payment for supplied goods; quantification of debt after exclusion of unproved invoices.
* Remedies – award of principal sum, commercial interest from breach date, post-judgment court interest, and costs; no general damages awarded.
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23 November 2022 |
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Whether conversion (novation) of an overdraft into a term loan discharged the respondent from liability.
Contract law – Novation/cession – Conversion of overdraft to term loan; formation and acceptance of contract; revocation rules; effect of settlement on guarantors' liability; failure to prove debt; dismissal with costs.
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23 November 2022 |
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Application to lift corporate veil and execute against a director is incompetent after company winding up without court leave.
* Companies law – Winding up – Effect of winding up order on directors’ powers and on execution proceedings; requirement of court leave or liquidator’s action before proceedings may continue against a wound-up company; attempted lifting of corporate veil without leave is incompetent.
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23 November 2022 |
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Court adopted parties' settlement, ordering payment, specific performance and reimbursement as a consent decree.
Commercial law – Consent judgment – Recording and adoption of a deed of settlement under Order XXIII r.3 CPC – Enforcement of settlement by specific performance and monetary payments – Lease dispute (unpaid rent and construction of facilities).
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21 November 2022 |
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Specific denials of principal allegations prevent deemed admissions under Order VIII; preliminary objection dismissed.
* Civil Procedure – Pleadings – Order VIII Rules 3, 4 and 5 CPC – Requirement for specific and express denials of main allegations; facts not specifically denied deemed admitted. * Pleadings – Evasive denials – When denial is sufficiently specific to avoid judgment on admission.
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21 November 2022 |
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Bank entitled to judgment against borrower and certain guarantors; two guarantors exonerated due to suspected forged mortgage.
Commercial law – loan facility and security – overdraft facility; Guarantees – scope and enforcement of personal guarantees; Demand/notice – demand not prerequisite to guarantor liability; Property law – mortgage validity and forgery allegations; Remedies – contractual interest, court interest, general damages and costs.
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18 November 2022 |
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Sale agreement alone cannot defeat an attachment; registered land requires formal transfer approval and evidence of possession.
Civil procedure – Execution/objection to attachment; burden on objector to prove interest or possession; registered land transfers require Commissioner for Lands’ approval and Land Forms No.29, 30, 35; sale agreement insufficient to prove vesting.
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18 November 2022 |
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Applicants failed to show illegality warranting extension of time to apply to set aside a default judgment.
Commercial procedure – extension of time to apply to set aside default judgment – requirement to demonstrate illegality – alleged service irregularities and fraud – remittal by Court of Appeal – illegality must be determinable/rectifiable in the intended application.
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18 November 2022 |
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A defective verification clause must disclose its source of information but may be cured by amendment; objection sustained, amendment ordered.
Civil procedure – verification of pleadings – Order VI Rule 15(1) – verification must disclose whether averments are from personal knowledge or another’s information – defective verification clause – curable by amendment – preliminary objection sustained but suit not struck out.
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18 November 2022 |
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17 November 2022 |
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Court records parties' settlement as consent judgment, making settlement terms enforceable as a decree upon default.
* Civil procedure – Consent judgment – Recording and adopting a deed of settlement under Order XXIII rule 3 as a court decree. * Enforcement – Settlement terms enforceable as a decree; single default accelerates liability and permits realization of securities and enforcement of guarantees. * Commercial – Conversion of foreign-currency liability to local currency and structured instalment repayment without interest. * Security – Existing securities and personal guarantees remain in force until settlement sum paid in full.
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17 November 2022 |
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A decree-holder must prove fraud or concealment, not merely lack of attachable assets, to justify piercing the corporate veil in execution.
Corporate veil – Execution of decree – Requirement to prove absence of real separation between company and owners – Need for evidence of fraud, concealment of assets or deliberate obstruction of execution – Mere lack of attachable company assets or assets held in director’s name insufficient to pierce veil.
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16 November 2022 |
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Court extended time and ordered summons where decree holder denied alleged out-of-court payments under Order XXI Rule 2(1).
Civil Procedure — Order XXI Rule 2(1) — certification of out-of-court payments — primary duty on decree holder to report payments; judgment debtor to prove payments only if decree holder fails or refuses — extension of time to file Deed of Adjustment and issuance of show-cause summons where payments are disputed.
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15 November 2022 |
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Prohibitory orders valid where execution was sought within one year; review dismissed with costs.
* Civil Procedure – Execution – Order XXI Rule 20 – Notice to show cause required only in specified instances; execution within one year dispenses with mandatory notice. * Civil Procedure – Court may dispense with notice to show cause for recorded reasons if notice would cause unreasonable delay or defeat justice. * Review jurisdiction – stringent standard; absence of adequate grounds warrants dismissal. * Distinction: imprisonment cases under Order XXI Rule 37 are not analogous to notice-to-show-cause requirement.
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15 November 2022 |
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Judgment on admission entered where defendant’s evasive defence led to deemed admission of indebtedness under Order VIII.
Civil Procedure – Order VIII rules (3)–(5) – defendant’s duty to deal specifically with each allegation – failure to deny leads to admission; Judgment on admission appropriate where Acknowledgment of Debt admits liability; contractual interest and post-judgment interest; discretion as to general damages and costs.
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14 November 2022 |
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Court recorded parties' deed of settlement as consent judgment ordering USD10,000 in instalments and barring further related suits.
Consent judgment – recording and adoption of deed of settlement under Order XXIII r.3 CPC and Commercial Division rules; enforceability of settlement terms; installment payment schedule; res judicata/effect of consent judgment; default clause and execution rights.
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14 November 2022 |
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Court adopted the parties' settlement as a consent judgment, imposing the agreed payment schedule and final waiver of claims.
Commercial law – Consent judgment – Recording and adoption of a settlement deed under Order XXIII r.3 CPC and High Court (Commercial Division) Rules; enforceability of settlement terms including payment schedule, interest and legal fees; execution on default; final waiver of related claims.
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11 November 2022 |