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Citation
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Judgment date
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| May 2023 |
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Leave to appeal granted where proposed grounds raise arguable legal and factual issues on taxation of advocate’s fees.
Commercial law — Leave to appeal under section 5(1)(c) Appellate Jurisdiction Act — Taxing Master’s discretion under Advocates Remuneration Order 2015 — Paragraph 68 application — Taxation of instruction fees on counterclaim — Factual versus legal issues in leave applications.
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31 May 2023 |
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Leave to appeal granted for arguable issues; advocate-verified affidavit held valid within personal-knowledge limits.
Appellate procedure – leave to appeal – grantable where proposed appeal is prima facie arguable or raises issues needing Court of Appeal guidance
Affidavits – advocate verification – advocate may swear affidavit limited to matters of personal knowledge acquired while acting for the client; source of information must be disclosed where not personal knowledge. Commercial disputes – escrow management and leasehold interest issues as grounds for appeal
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31 May 2023 |
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A petition under the Arbitration Act is an "application" for taxation; instruction fees limited to TZS1,000,000 under Item 1(m)(ii).
Taxation of costs – classification of a petition under the Arbitration Act as an "application" for taxation purposes – application of Item 1(m)(ii) of the 11th Schedule to Advocates Remuneration Orders (instruction fee TZS 1,000,000). Applicability of Order 48 (one-sixth rule) – conditions for invoking Order 48 and exclusion of court fees in computation
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31 May 2023 |
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Applicant failed to show sufficient cause or apparent illegality; extension of time to appeal refused with costs.
Extension of time – sufficiency of cause – alleged illegality must be apparent on the face of the record – diligence and accounting for delay – counsel's illness not per se sufficient.
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30 May 2023 |
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30 May 2023 |
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29 May 2023 |
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Default judgment granted for unpaid goods after substituted newspaper service and sufficient affidavit proof under Rule 22(1).
Commercial law – Default judgment under Rule 22(1) – substituted service by newspaper publication – requirement to file Form No.1 and affidavit in proof – burden of proof under s.110 Evidence Act – decree publication condition under Rule 22(2).
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26 May 2023 |
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A company may be wound up by court where members pass a special resolution; court appointed a liquidator for three months.
Companies Act – Voluntary winding up – Members' special resolution under s.279(1)(a) – Procedural requirements (Gazette and newspaper publication) – Appointment of liquidator under s.294 – Liquidator’s powers under ss.299–306 – Court discretion to grant winding up orders.
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26 May 2023 |
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Application for leave to appeal in arbitration enforcement was time‑barred under Regulation 65(1) and dismissed with costs.
Arbitration — Enforcement proceedings — Leave to appeal under s.74(4) Arbitration Act — Time limit governed by Regulation 65(1) GN.146/2021 — Fifteen‑day filing requirement — Clerical reference to s.69(3) read as s.74(3) — Court of Appeal Rules (Rule 45(a)) not applicable where specific regulation exists.
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26 May 2023 |
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Extension of time denied where arbitral award was not filed and alleged illegality was not apparent on the face of the record.
Arbitration — extension of time under s.14(1) Law of Limitation — illegality as ground for extension — illegality must be a point of law of sufficient importance, apparent on the face of the record and embedded in the award — application premature where arbitral award not filed for registration — Rule 51(4) Arbitration Rules — discretionary nature of extension.
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26 May 2023 |
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26 May 2023 |
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26 May 2023 |
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Court granted winding up after members' special resolution and appointed an official liquidator for three months.
Companies Act – Voluntary winding up by special resolution (s279(1)(a)) – Compliance with Companies (Insolvency) Rules Rule 99(2)(b) – Appointment of official liquidator (s294) – Liquidator’s powers (ss299–306).
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26 May 2023 |
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A tripartite payment agreement transferred and extinguished the defendant's debt; plaintiff failed to prove additional claim, suit dismissed with costs.
Contract law – alleged breach for non-payment of supply invoices; effect and enforceability of tripartite payment agreement transferring debt to a third party; evidentiary burden in civil claims and assessment of credibility; negative inference from failure to produce key documents or witnesses.
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26 May 2023 |
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Illegality in the impugned decision justified granting the applicant an extension of time to file a notice of appeal.
Extension of time – Section 11 Appellate Jurisdiction Act; illegality in impugned decision as sufficient reason for extension; time spent pursuing prior appeal; Principal Secretary v Devram Valambhia applied.
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24 May 2023 |
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Applicant granted 30‑day extension to file notice of appeal due to illegality in the impugned decision despite delay.
Civil procedure – extension of time under section 11 Appellate Jurisdiction Act; Illegality in impugned decision as sufficient ground for extension irrespective of delay (Principial Secretary v Devram Valambia); Time spent pursuing prior appeal which was later struck out; Requirement to account for delay.
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24 May 2023 |
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Whether failed electronic filing in JSDS constitutes sufficient cause for extension to file a Bill of Costs.
Extension of time – sufficiency of cause; electronic filing (JSDS) failures as ground for extension; admissibility/authentication of electronic printouts under the Electronic Transactions Act; considerations: length of delay, reasons, prejudice, conduct of parties.
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22 May 2023 |
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Court granted leave to appeal after finding the applicant raised a prima facie arguable appeal; costs awarded.
Appellate jurisdiction – leave to appeal – requirement of prima facie or arguable appeal; leave not automatic. Standard for leave – chances of success or matters of general importance/novelty (Harban Haji Moshi; BBC v Ng’imaryo)
Facts – grounds in supporting affidavit (paras 4(a)–(g)) found to raise an arguable appeal
Relief – leave to appeal granted with costs
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19 May 2023 |
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Applicant granted leave to appeal as proposed grounds constituted an arguable case meriting Court of Appeal review.
Leave to appeal — Appellate Jurisdiction Act s.5(1)(c) and Court of Appeal Rules r.45; test for leave — arguable/prima facie appeal, novel point of law or issue of general importance; requirement that grounds capture Court of Appeal's attention; draft memorandum as supporting evidence.
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19 May 2023 |
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Suit commenced despite agreed arbitration was struck out; parties directed to arbitrate and applicant ordered to pay costs.
Arbitration – contractual arbitration clause – clause 11.3 and 11.5 require disputes to be referred to arbitration before court proceedings. Scope of arbitration – dispute arising from principal supply contract extends to claims involving the guarantor’s performance bond
Arbitration Act 2020, s.15(4) – court prohibited from hearing matters that ought to be arbitrated
Remedy – courts may strike out proceedings commenced contrary to arbitration agreements; costs may be awarded
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17 May 2023 |
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Applicant failed to account for delay and alleged illegality was not apparent on the face of the record; application dismissed.
Civil procedure – extension of time – applicant must account for every day of delay; unsupported or vague affidavits insufficient. Illegality as ground for extension – must be apparent on the face of the record (e.g., jurisdictional defect), not one requiring extended argument. Execution procedure – reliance on Order XXI Rule 20(1) CPC (notice to show cause) must demonstrate clear procedural illegality to justify relief
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12 May 2023 |
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Absence of an annexed board resolution does not ordinarily render a company’s suit incompetent; contextual authority may be required.
Companies — board resolutions — necessity to plead/attach resolution when instituting suit; Companies Act s.147 — interpretation; Mukisa Biscuit test for preliminary objections; Bugerere principle — scope limited to internal disputes and locus/representation; Court of Appeal authorities (Pita Kempap, Ursino Palm) distinguishable; locus standi — corporate personality preserved absent contested authority to sue.
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12 May 2023 |
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Extension of time granted because alleged illegality in the Taxing Officer's dismissal justified reopening the matter.
Extension of time — requirement to account for delay; each day must be explained. Illegality on the face of the record — sufficient ground to extend time
Taxing Officer — dismissal for non-appearance and exercise of jurisdiction. Advocate’s non-appearance/negligence — relevance to extension applications and limits as a ground. Procedural relief — discretion to grant extension and order filing timelines
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12 May 2023 |
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Consent settlement recorded as judgment requiring USD 316,438 repayment, securities to remain, and enforcement on default.
Commercial law – consent judgment – deed of settlement recorded under Order XXIII Rule 3 – enforcement of settlement as decree – securities to remain in force until full payment – default clause rendering decree immediately payable – costs each party bears own.
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12 May 2023 |
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Applicant failed to prove good cause to set aside dismissal; non-appearance found negligent and application dismissed with costs.
Commercial procedure — application to set aside dismissal under rule 31(2) and section 95 — requirement to show good cause; alleged clerical/error in recording court date; evidential burden when relying on third-party acts — necessity of affidavits; weight of audio and office records indicating actual notice; discretion exercised against unexplained/non‑corroborated non‑appearance.
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12 May 2023 |
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The respondent cannot relitigate the decree or assert the mortgagee’s interest in execution; execution granted and prohibitory orders issued.
Execution proceedings – judgment debtor’s duty to show cause – challenge to decree improper in execution forum – issue belongs to appeal or proper challenger Objections to execution – Order XXI r.57(1) – judgment debtor not entitled to assert third‑party mortgage interest on behalf of the third party Third‑party interests – mortgagee’s rights should be pursued by the mortgagee, not the judgment debtor
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12 May 2023 |
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Written share sale existed; only US$900,000 paid, court ordered US$1.1M repayment, damages, interest and costs.
Contract — Sale of shares — Written agreement prevails; parol evidence cannot vary written terms; payment only US$900,000 established; remaining US$1.1M unpaid. Breach of contract — Failure to pay consideration — entitled injured party to compensation
Remedies — Court declined to annul share transfer; awarded monetary relief (repayment, general damages, interest, costs)
Joinder — Target company not a contracting party but was a necessary party to suit
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10 May 2023 |
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Court recorded parties' settlement as a consent judgment fixing instalments and making the agreement a final enforceable decree.
Commercial dispute — Consent judgment — Deed of settlement recorded as final decree under Order XXII Rule 3 CPC — Instalment payment plan fixed and delay constitutes breach — Costs to be borne by respective parties.
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8 May 2023 |
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Failure to appoint the umpire within contractual/regulatory time and non‑joinder of the co‑arbitrator rendered the petition incompetent.
Arbitration — contractual timing and umpire appointment — clause 12.3 compliance; Arbitration (Rules and Procedure) Regulations — Regulation 20(2), 24(1) and 63(1)(e); time‑bar and procedural irregularity; non‑joinder of necessary party; right to be heard; striking out incompetent petition.
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5 May 2023 |
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Respondent breached sale agreement by failing to convert jointly-owned mining licences to sole ownership; applicant awarded general damages and costs.
Contract law – Sale of mining licences – advance to facilitate buyout of co-owner – failure to effect transfer – breach of contract; Evidence – requirement to strictly prove specific damages; Tax claim – unproved assertion of TRA demand for capital gains tax.
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5 May 2023 |
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Court registered the parties' deed of settlement as a consent judgment under the Civil Procedure Code and marked the suit settled.
Civil procedure — Deed of Settlement — Registration and scrutiny by court — Consent judgment — Order XXIII Rule 3, Civil Procedure Code (Cap.33 R.E.2019) — Incorporation of settlement into court decree.
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5 May 2023 |
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A consent settlement fixes monetary liability but does not by itself prevent execution against charged properties; no reviewable error found.
Civil procedure — Review — Error on the face of the record — Whether attachment of property subject to review; Execution of consent decree — Effect of parties’ agreement listing properties — Consent settlement fixes monetary liability but does not by itself limit execution; Security/charge — Attachment of property offered as security for supply of goods.
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3 May 2023 |
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An applicant cannot obtain postponement of sale under a mortgage decree by mere intent to raise funds; application dismissed.
Civil Procedure – Order XXI Rule 81 – Postponement of sale – applicability to mortgage decrees – sub-rule (3) excludes mortgage enforcement from Rule 81 postponement regime. Land law – enforcement of mortgage decrees – right of sale implicit in mortgage deed and confirmed by decree
Evidence – applicant’s mere intention to lease property without particulars or projected receipts insufficient to obtain postponement
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2 May 2023 |