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Citation
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Judgment date
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| 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 |