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Citation
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Judgment date
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| December 2023 |
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Lender lawfully repossessed and sold vehicle after contractual 30‑day default; counterclaimant awarded outstanding debt and interest.
Contract law – Vehicle Asset Financing (VAF) – contractual clause permitting repossession after 30‑day arrears; repossession and sale lawful if done pursuant to contract; regulatory 90‑day non‑performing asset rule not applicable absent party agreement; breach by financed party for missed instalments; award of outstanding principal with contractual and post‑judgment interest.
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15 December 2023 |
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The petitioner’s special resolution and insolvency justified a voluntary winding-up and appointment of an official receiver.
* Companies Act – Winding up – Voluntary winding up by special resolution – Validity of members’ special resolution under s.279(1)(a).
* Insolvency – Inability to pay debts and liabilities exceeding assets as grounds for winding up.
* Companies (Insolvency) Rules – Compliance with publication requirements (Rule 99(2)(b)).
* Appointment of official receiver – Court’s power under ss.209 and 292 to appoint a receiver for winding up.
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15 December 2023 |
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Court entered consent judgment fixing outstanding debt and payment timetable, with each party bearing its own costs.
Commercial law – supply agreement – consent judgment – deed of settlement filed and verified – outstanding debt fixed and payable on receipt of final account; interim payments and deadline for full settlement.
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15 December 2023 |
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Applicant entitled to judgment for USD 870,095.96; respondent bound by agreement signed by its senior officers, interest and costs awarded.
Commercial law – loan conversion and corporate liability – validity of company agreement signed by senior officers; Evidence Act – requirement to produce originals (s.66–68) and expunging of photocopies; Companies Act – authority of directors to bind the company; remedies – decretal sum, commercial interest and costs.
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15 December 2023 |
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Defendant breached settlement deed by failing to pay agreed quarterly instalments; plaintiff awarded outstanding price, interest and costs.
* Contract law – deed of settlement – construction and effect of payment clauses; instalment obligations vs. contingent payment by clients;
* Breach of contract – failure to pay agreed quarterly instalments constitutes breach;
* Remedies – specific (contract) damages for outstanding price, commercial interest pre-judgment, court rate post-judgment, and costs; general damages declined.
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15 December 2023 |
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Extension of time granted to appeal where arbitral award’s legality was prima facie undermined by expert-determination clause and excess mandate.
Arbitration/expert determination – distinction between expert determination and arbitration; validity of arbitration agreement – requirement of agreement to arbitrate; jurisdiction of tribunal – effect of exceeding contractual mandate (21 days); illegality as ground for extension of time; procedural relief – limits on High Court granting extension to serve Court of Appeal procedural documents; retrospective effect of procedural statutory amendment (Act No.11/2023).
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13 December 2023 |
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The respondent was liable for the crane's sinking during offloading and ordered to pay general damages and costs.
* Commercial hire contracts — allocation of risk and duty to offload — title and risk passing on delivery to hirer. * Marine transport liability — responsibility for offloading and control of operator when vessel engaged by hirer. * Evidence — burden to prove specific damages and requirement of technical reports for damage valuation. * Contribution and indemnity — hirer/owner/operator of vessel may be liable to indemnify the party held liable; port authority not liable where offloading proceeded without authorization. * Remedies — award of general damages where specific damages not strictly proved, with commercial interest and costs.
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12 December 2023 |
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Court orders release of fuel to applicant after finding payments under an irrevocable, confirmed LC and risk of injustice.
Commercial law – interlocutory relief; letters of credit – irrevocable, confirmed, revolving LC and effect of reinstatement/expiry; jurisdiction – arbitration clause versus court proceedings and requirement to seek stay; shipping/bill of lading – alleged endorsement/sale and potential diversion of cargo; injunction principles – prima facie case, irreparable harm, balance of convenience.
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8 December 2023 |
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Failure to show sufficient cause and presence of applicant’s officer who was notified justified refusal to set aside ex-parte judgment.
* Civil Procedure – Order IX Rule 9 – setting aside ex-parte decree – requirement to show sufficient cause for non-appearance.
* Civil Procedure – Section 95 – inherent powers – sparing use to protect ends of justice.
* Procedure – notice of date of delivery of judgment – attendance of party's principal officer constitutes notice.
* Discretion – exercise must be judicious, requiring cogent reasons and proportionality.
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7 December 2023 |
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A purchaser in execution is entitled to possession where resistance is unjustified; court ordered eviction and possible civil detention.
Order XXI Rules 95 & 96 CPC – purchaser in execution – entitlement to possession when resisted; proof on balance of probabilities; obstruction without just cause; court power to order eviction and civil detention (up to 30 days).
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5 December 2023 |
| November 2023 |
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A Taxing Officer must stay taxation proceedings when a Notice of Appeal to the Court of Appeal has been filed.
* Taxation – stay of taxation proceedings pending appeal – effect of lodging Notice of Appeal on High Court jurisdiction.
* Civil procedure – point of law raising jurisdiction – duty of taxing officer to address jurisdictional objection.
* Advocates Remuneration – instruction fees – discretion of taxing officer and requirement (or not) for proof/receipts.
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30 November 2023 |
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An application for extension to file a defence must be made within the statutory period; late applications will be dismissed.
Civil procedure – Extension of time – Rule 20(2), High Court (Commercial Division) Procedure Rules – Specific statutory time for making application for extension to file defence – Application outside seven‑day grace period invalid – Late engagement of counsel not good cause.
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29 November 2023 |
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Discovery under Order XI r.10 granted in part; overly general or third‑party documents refused.
Civil procedure – discovery of documents under Order XI rule 10 CPC; relevance and fairness as guiding principles; limits on fishing expeditions; possession/power requirement; competency of advocates’ affidavits.
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28 November 2023 |
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Whether pre-contractual emails estopped the respondent from repudiating and justified the bank's upfront 0.75% facilitation fee deduction.
* Commercial/contract law – pre-contractual negotiations – when emails may create enforceable expectations or estoppel; relevance of pre-contractual exchanges as background or to found equitable relief. * Banking law – banker–customer fiduciary duties; lawful debiting of customer accounts and proof required for deductions. * Remedies – specific damages must be pleaded and strictly proved; general damages require reasons. * Appellate procedure – first appellate court must re-evaluate evidence where trial evaluation was defective.
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27 November 2023 |
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Claim dismissed where premium was unpaid, the plaintiff lacked ownership/insurable interest, and made material misrepresentations.
Insurance law – validity of cover conditional on full premium payment (cash-before-cover); insurable interest and vessel registration; uberrimae fidei (utmost good faith) and material misrepresentation; proof of loss; Insurance Premium Financing arrangements.
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24 November 2023 |
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A non-decree holder cannot sue to enforce another’s decretal sum; suit was premature, incompetent and struck out.
Civil procedure — Jurisdiction; res judicata and res sub judice — Effect of pending appeal at Court of Appeal on High Court jurisdiction; Assignment of decree — Order XXI Rule 14 CPC and proper procedure for assignee (execution application) — Locus standi to enforce decretal sums — Procedural competence and premature suits.
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24 November 2023 |
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Application to set aside default judgment dismissed for failure to show sufficient cause and no arguable defence.
Commercial procedure – Rule 23 HCCD Rules – setting aside default judgment; substituted service by publication – validity where ordinary service futile or party avoiding service; requirement to show sufficient cause and an arguable defence; alleged illegality must be apparent on the face of the record.
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24 November 2023 |
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Applicant failed to show sufficient reason to set aside default judgment given effective substituted service by publication.
Setting aside default judgment; sufficiency of reasons under Rule 23(2)(b); substituted service by publication as effective service; hearsay and need for affidavit from third-party witness.
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20 November 2023 |
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Court finds petitioners' membership intact, unlawful management and invalid share transfers; orders vacatur, meetings, and costs.
Companies Act s.233 – unfair prejudice – whether conduct (unauthorised bank accounts, exclusion from management, attempted share transfers) amounts to unfairly prejudicial conduct; membership/standing – whether petitioners were members when petition filed; validity of share transfers – powers of attorney, compliance with MEMARTS and board procedures; undue influence and attestation requirements (Evidence Act s.70); appropriate remedies – declarations, vacatur of premises, authorization to sue on behalf of company, AGM/directors’ meeting to appoint managing director.
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17 November 2023 |
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Court ordered compulsory sale of an untraceable shareholder's shares, valuation by court-appointed auditor, proceeds held by Administrator General.
Companies Act – compulsory sale of shares of an untraceable shareholder – court-appointed valuation – sale at fair market value – proceeds deposited with Administrator General – Registrar to update share register.
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17 November 2023 |
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Plaintiff's failure to pay the contract balance was a breach; defendant did not breach and suit is dismissed with costs.
Commercial law – Sale agreement – Partial payment and failure to pay balance – Breach of contract by purchaser; Termination agreement – effect and enforceability; Claim for refund and damages – burden of proof; Evidentiary reliance on written sale and termination agreements.
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17 November 2023 |
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High Court lifts warrant of attachment and restores property where a Court of Appeal stay and related application remain pending.
Commercial procedure — stay of execution by Court of Appeal; conditional bank guarantee; enforcement of decree by warrant of attachment; forum shopping and appropriate forum for rescission; restoration of attached property pending appeal.
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16 November 2023 |
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Court recognized and enforced a consent arbitral award as judgment, ordering specified instalments, currency terms, and SOFR+4.5% interest.
Arbitration – Consent (final settlement) award – Recognition and enforcement as judgment – Dispositive portion of award entered as court judgment – Enforcement modalities: instalment schedule, currency/equivalent, bank account, interest on overdue amounts (SOFR +4.5%).
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15 November 2023 |
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Leave to appeal granted where affidavit discloses arguable or novel legal issues; costs in the cause.
Appellate jurisdiction – leave to appeal – discretionary grant where proposed appeal is arguable, raises issues of general importance or novel points of law – reliance on established authorities – costs in the cause.
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14 November 2023 |
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The applicant lacked locus standi to sue for trade mark infringement because it was not the registered proprietor of the mark.
Trade mark law — Locus standi to sue for infringement — Registration required for exclusive right — Expungement of registration — Effect on infringement claims — Distinction between infringement and passing off — Trade and Service Marks Act ss.14, 30, 31; Paris Convention Art.6D.
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14 November 2023 |
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Plaintiff failed to prove on a balance of probabilities that the insured vehicle collided with the alleged third-party vehicle; claim dismissed.
Civil procedure; burden and standard of proof – claimant must prove alleged accident on balance of probabilities; insurance claim repudiation – insurer may rely on independent investigation report; evidence evaluation – failure to call police or third-party witnesses undermines claim.
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14 November 2023 |
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Refusal to remove the applicant's name and credentials from company and regulator records constitutes unfair prejudice under s233.
Companies Act s233 – unfair prejudice – refusal to remove former technical director’s name and credentials from company and regulator records; directors’ omission to effect share transfer under articles; remedies: auditor/valuation, buyout, rectification at BRELA/CRB, injunction; minority shareholder protection.
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10 November 2023 |
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Court overruled arbitration objection: company meeting disputes statutory and not arbitrable; JVA arbitration clause did not bind the company.
Company law – Court power under Section 137 to order shareholders’ meeting; Arbitrability – whether company meeting disputes are arbitrable; Contracts/JVA – arbitration clause not binding non‑party company; Precedent – Russell v Northern Bank and Beattie cited; Distinguishable authority – Misc. Commercial Cause No. 44/2022 inapplicable.
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10 November 2023 |
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A bank’s conduct made it bound to an unsigned premium-financing agreement and liable for losses from non-payment.
Insurance — Insurance Premium Finance agreement — acceptance by conduct — unsigned agreement binding where bank acted on it; Insurance law — premium must be paid at inception for cover to be valid (Insurance Act s.137 and Regulation 35); Agency/broker — issuance of cover notes by broker does not validate cover absent premium payment; Evidence — adverse inference where party withholds material communications.
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10 November 2023 |
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Applicant failed to show sufficient cause for extension to file bill of costs; application dismissed with costs.
Extension of time – Bill of costs – Whether sufficient cause shown – Corporate management changes and communication failures – Requirement to account for each day of delay.
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10 November 2023 |
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The respondents breached the credit facility and are liable to repay the principal and accrued interest, with interest and costs awarded.
* Commercial law – Credit facility – enforcement of loan and guarantees – borrower’s duty to repay despite alleged procedural breaches by lender. * Evidence – preponderance of probabilities – registration records and investigation reports weight against defendants. * Remedies – principal, contractual accrued interest, contractual commercial interest, and judgment interest; general damages denied. * Insurer/escrow defenses – insurer’s investigation noted lapses but did not relieve borrowers of repayment obligation.
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10 November 2023 |
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Insurer unjustifiably delayed/repudiated a fire claim without proving fraud; insured awarded indemnity, damages, interest, and costs; broker cleared.
Insurance law – insurer's duty to indemnify and statutory time for settlement (Insurance Act ss.131,148) – burden of proof on insurer to establish alleged fraud – delay in settlement entitles insured to damages and interest – broker not liable where acting as intermediary.
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7 November 2023 |
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Leave to appeal refused where High Court properly exercised discretion in granting extension of time; application dismissed with costs.
Appealability – extension of time orders; interlocutory orders – whether extension orders are non-appealable; Extension of time – good cause, accounting for delay, diligence; Judicial discretion – injudicious/arbitrary exercise and appellate intervention; Leave to appeal – requirement of arguable issues and public importance.
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3 November 2023 |
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Commercial debt claim succeeded; court awarded principal, commercial and court interest, general damages and costs.
Commercial law – contract for sale of goods on credit – conduct and bank payments can establish contract – forgery allegations require proof – contractual interest not proved; court awards commercial interest and damages.
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3 November 2023 |
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Plaintiff’s loan recovery suit struck out as premature pending appeal; termination constituted default and loan conversion lawful.
* Commercial law – staff loan agreement – clause making termination an event of default and permitting conversion to commercial loan.
* Contract enforcement – conversion of staff loan to commercial loan lawful where agreement provides for it.
* Procedural law and equity – pending appeal and stay of execution on related labour award render enforcement proceedings premature.
* Set-off – claim for substantial labour award cannot be determined while related appeal is pending.
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3 November 2023 |
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SBLC facility dated 26 March 2018 did not take effect; plaintiffs’ earlier debts were cleared and lenders must discharge securities.
Commercial law – banking facilities – standby letter of credit (SBLC) – validity and effect of facility letters; foreign loan registration – Bank of Tanzania correspondence showing anomalies; escrow disbursement used to repay local bank exposures; withholding security after repayment – unlawful; counterclaims based on called SBLC and overdraft dismissed.
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3 November 2023 |
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Court adopts parties’ settlement as judgment ordering USD 652,712.74 payment within six months, interest on default, and finality.
* Civil procedure – Settlement and compromise – Adoption and registration of deed of settlement under Order XXIII Rule 3 as court judgment. * Enforcement – Decretal sum payable by electronic funds transfer within agreed grace period; interest on default. * Finality – Settlement judgment extinguishes past, present and future related claims. * Costs – Each party to bear its own costs.
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1 November 2023 |
| October 2023 |
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Court entered consent judgment enforcing parties’ settlement for USD 166,528.68 payable in 14 installments.
Consent judgment – deed of settlement freely entered – recording and enforcement of settlement as consent judgment – specified installment payment schedule and payment method.
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31 October 2023 |
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Court recorded parties' settlement as consent judgment, finding the Deed met Order XXIII Rule 3 and marking the suit compromised.
Commercial law – consent judgment – Deed of Settlement recorded as judgment – Order XXIII Rule 3 Civil Procedure Code – suit marked as compromised – court discretion to record settlements.
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31 October 2023 |
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Sale below valuation does not warrant setting aside an execution sale without specific irregularity, injury and causation.
Execution sale – Order XXI Rule 88(1) CPC – setting aside sale requires material irregularity/fraud in publishing or conducting sale; inadequacy of price alone insufficient – need particulars, proof of substantial injury and causal link; Land Act s.133(2) argument on forced value inapplicable to execution decree sale.
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31 October 2023 |
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Court refused adjournment, struck out plaintiff’s witness statements under rule 56(2), and dismissed the case for want of prosecution.
* Commercial Court – adjournment – collusion between parties – court’s refusal to adjourn where parties jointly seek delay. * Evidence – witness statements – failure to produce witnesses for cross-examination – striking out under rule 56(2) Commercial Court Rules. * Civil procedure – dismissal for want of prosecution. * Costs – no costs awarded where parties colluded to frustrate court process.
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30 October 2023 |
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Whether a taxing officer may lawfully award instruction fees above statutory scales based on case complexity and time.
* Taxation of costs – instruction fees – applicability of scales under Advocates Remuneration Order G.N. 264 of 2015 – discretionary increase for complexity, time, value and conduct of parties.
* Civil procedure – limited judicial interference with Taxing Officer’s assessment – requirement of unjudicial exercise to warrant intervention.
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27 October 2023 |
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Judgment on admission where defendant’s pleading admitted debt; plaintiff awarded outstanding sum, interest, damages and costs.
Civil procedure — Judgment on admission — Express admission in pleadings and oral acknowledgement by counsel — Order XII Rule 4 CPC; Contract — unpaid supply of goods — outstanding principal, contractual (commercial) interest, judgment interest; Damages — breach of contract and award of general damages; Costs — successful party entitled to costs.
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27 October 2023 |
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Applicant proved unpaid contractual balance; respondent estopped by completion certificate and acknowledgment, awarded principal, damages and interest.
Contract law – breach for non‑payment; estoppel by issuance of Certificate of Satisfactory Completion and written acknowledgement; ex parte proceedings after respondent default; proof required for prolongation and additional works claims; award of reduced late‑payment compensation and interest at court rate.
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27 October 2023 |
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The applicant failed to prove the date and circumstances of the loss within the policy period and so is not entitled to indemnity.
Insurance law – goods-in-transit policy – existence of cover – proof of loss date – onus on insured to prove loss within policy period – requirement of transport documentation (permits, delivery notes, driver’s licence) – failure to prove entitlement to indemnity – suit dismissed with costs.
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27 October 2023 |
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Plaintiff failed to prove the vehicle loan claim; business loan unpaid and enforceable, guarantors not liable due to plaintiff's delay.
Banking & Security – Loan facilities – failure to produce purchase/sale/registration documents defeats claim under a vehicle-financing facility; Business loan - borrower liable where maturity and unpaid balance established; Guarantees & mortgages – creditor’s delay and failure to attempt realization and late notice to guarantor defeat enforcement; Reliefs – set-off, limited interest (7% p.a. after one month), reimbursement of entrusted funds, denial of excessive claimed interest and costs.
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27 October 2023 |
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A contractual forum-selection clause selecting foreign courts ousts local jurisdiction and warrants striking out the suit.
Civil procedure — Jurisdiction — Effect of contractual forum-selection clause — Section 7 Civil Procedure Code — Suit struck out where parties agreed disputes be litigated in foreign courts; relevant appellate authority.
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26 October 2023 |
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A suit based on compromise of an unregistered arbitral award is premature; registration and decree are required.
* Arbitration law – award registration and enforcement – an arbitral award must be registered and a court decree issued before it is enforceable or executable under the Arbitration Act.
* Civil procedure – preliminary objection – competence of suit premised on unregistered arbitral award.
* Compromise agreements – a compromise purportedly arising from an arbitral award cannot be enforced absent registration and decree.
* Judicial procedure – awardee must apply to court for registration; court will not register suo motu.
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20 October 2023 |
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Employer’s payroll/terminal‑benefit undertaking is not a guarantee; employer not a necessary party, preliminary objection overruled.
* Civil procedure – Preliminary objection – Non‑joinder of necessary party – Whether employer’s payroll/terminal‑benefit undertaking equals a guarantor’s covenant. * Contract law – Distinction between loan agreement and separate contract of guarantee; scope of employer declaration. * Evidence/procedure – When a preliminary objection raises pure point of law versus questions requiring factual determination.
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20 October 2023 |
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Bank entitled only to proven overdraft principal (Tshs. 200,000,000) and damages; unproven/additional claims and 24% interest dismissed.
* Banking law – Overdraft facility – enhancement by deed of variation – effective quantum determined by deed and evidence. * Proof of claim – burden on plaintiff to prove additional principal and payments; unpleaded claims inadmissible. * Remedies – award of principal and general damages; refusal of contractual high-rate interest where delay exists; enforcement by sale of securities.
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20 October 2023 |