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Citation
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Judgment date
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| August 2023 |
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Applicant entitled to repayment with contractual and penal interest despite mortgage being void; loan remains repayable.
Commercial law – loan repayment – mortgage declared void ab initio – unsecured loan still repayable; contractual interest and penal (default) interest enforceable where agreed in facility letter.
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30 August 2023 |
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Plaintiff failed to prove novation invalid or that bank lacked right to enforce mortgaged securities; suit dismissed.
Commercial law – mortgage enforcement; deed of novation – transfer of bank assets and rights; standing to enforce mortgages after acquisition; burden of proof on alleged invalidity of novation; ex parte hearing; dismissal for want of prosecution (counterclaim).
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29 August 2023 |
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Transfer and sale of pledged shares set aside for forgery of the transfer form; sold shares ordered returned with damages and costs.
Securities — validity of transfer of pledged shares; alleged forgery of transfer documentation. Evidence — forgery proven by circumstantial evidence; civil standard for fraud and its application. Procedure — compliance with CSD/R and brokerage procedures; significance of documentary inconsistencies (dates, stamps, signatures). Remedies — declarations of nullity, restitution of shares, general damages and costs.
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29 August 2023 |
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Court recorded a lawful deed of settlement as a consent judgment and decree, marking the suit settled.
Civil procedure – Order XXIII Rule 3 CPC – Deed of settlement – Court to record lawful agreement and pass decree – Consent judgment and decree – Settlement adjusts suit in whole – Consent decree not appealable.
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29 August 2023 |
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A debtor’s recognition and settlement negotiations can revive a time‑barred arbitral award, permitting its registration.
Arbitration — registration of arbitral awards — extension of time to register an award previously time‑barred. Civil procedure — effect of dismissal for limitation — functus officio and available remedies (review/appeal). Contract law — s.25(1)(b) Law of Contract Act — debtor's recognition/undertaking can revive time‑barred obligations. Execution — revival of limitation by settlement negotiations permitting registration and execution of award.
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29 August 2023 |
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Plaintiff proved loan, valid securities (including mortgage), defendants' default; judgment for outstanding debt, interest, sale remedy and costs.
Banking and security – loan facility and facility letters – personal guarantees and legal mortgage – validity of spousal consent for mortgage of matrimonial home – default and contractual remedies; award of decretal and post-judgment interest and authorization to sell mortgaged property.
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28 August 2023 |
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Proprietor personally liable for business loans; securities valid; bank awarded TZS 1,154,423,519.39 plus interest and costs.
Banking law – loan facilities and consolidation; Business name liability – sole proprietor personally liable; Securities – registered mortgages, hypothecation and guarantees; Evidence – weight of bank records and non-production of attesting officer; Remedies – decree for proven sum, commercial and post-judgment interest, realization of securities.
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28 August 2023 |
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25 August 2023 |
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Court declared the bank’s larger claimed outstanding loan exaggerated and ordered immediate payment of the reconciled TZS 291,963,215.78 with interest from judgment.
Commercial law – Loan restructuring and repayment; disputed outstanding balance; admissibility and weight of bank statements and restructure letters; whether early demand for arrears amounts to contractual breach; measurement and awarding of outstanding principal and interest.
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25 August 2023 |
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Clearing agent breached agency duties and acted fraudulently by under‑declaring taxes, entitling the plaintiff to compensation.
Contract law – agency – existence of principal–agent relationship established by invoices, agency fees and bank transfer evidence. Contract breach – agent’s failure to remit taxes it invoiced for constitutes breach of contractual duties. Fraud – submission of false customs documents and forged deposit slips; admission in tax proceedings supports fraud finding. Damages – plaintiff entitled to compensation for taxes paid and general damages; invoices alone insufficient to prove specific payment.
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25 August 2023 |
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Notice of appeal does not bar taxation; instruction fee recalculated under correct Ninth Schedule item.
Taxation of costs – jurisdiction after notice of appeal – notice of appeal does not oust High Court jurisdiction to tax costs; right to be heard – presence of representation satisfies audi requirement; Advocates Remuneration Order – correct application of Ninth Schedule (item 6 for claims TZS70m–150m) for instruction fee; Eighth Schedule item 3 – court attendance charges (TZS50,000 per 15 minutes).
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23 August 2023 |
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Procedural 2020 amendments require joinder of the Attorney General; non-joinder renders pending suits incompetent.
Government Proceedings Act (2020 amendments) – procedural amendments retrospective – mandatory joinder of Attorney General as necessary party after statutory notice – non-joinder vitiates proceedings – statutory notice prerequisite cannot be bypassed by amendment – suit struck out as incompetent; filing fees to be carried over.
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18 August 2023 |
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Electronic submission alone is insufficient; filing occurs on the date of fee payment, so a one-day late reference was dismissed.
Advocates' Remuneration Order – filing of reference – whether filing date is electronic submission date or date of payment/control-number generation; Electronic Filing Rules – submission does not replace payment requirement; Time limits – one-day delay cannot be condoned without procedure; Public holiday excuses and JSDS2 availability.
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18 August 2023 |
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Default judgment granted for unpaid loan; decree execution conditioned on newspaper publication and waiting period.
Commercial law – Banking – Loan facility – Recovery of outstanding loan where borrower and guarantors default – Default judgment under Rule 22 (High Court Commercial Division Procedure Rules). Civil procedure – Default judgment – sufficiency of affidavit evidence including authentication of electronic documents – procedural compliance with Rule 22. Remedies – decretal amount, interest, costs and conditional execution pending publication under Rule 22(2).
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17 August 2023 |
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The plaintiff's contract claim accrued at employment termination and, being filed after six years, was time-barred and dismissed.
Limitation of actions – contract claims – accrual of cause of action upon first default; Law of Limitation Act (Sections 5, 7; Item 7 Part I) – six‑year period; time‑barred suits deprive court of jurisdiction; parties bound by their pleadings.
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17 August 2023 |
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Facility letter authorizing direct payments defeated claim of unauthorized withdrawals; plaintiff failed to prove loss and suit dismissed with costs.
Banking law – banker–customer relationship – alleged unauthorized withdrawals – whether facility letter authorises direct payments to beneficiaries. Contract interpretation – facility letter terms permitting direct payments and allocation of fees and charges. Evidence – burden to controvert bank records and produce contemporaneous documents (e.g., cheque books) to show unauthorized transactions. Civil standard – balance of probabilities; uncontroverted bank evidence prevails.
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17 August 2023 |
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Default judgment entered for the applicant after respondents failed to defend; refund, interest, damages and costs awarded.
Commercial Division – Default judgment – Substituted service by publication – Compliance with Rule 22 (Form No.1 and affidavit) – Reliefs: restitution of purchase price, contractual and court interest, general damages, costs – Conditional non-execution pending publication.
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14 August 2023 |
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A foreign plaintiff without sufficient Tanzanian immovable property was ordered to provide security for costs of USD 36,623.9.
Security for costs — Order XXV Rule 1(1) CPC — foreign plaintiff lacking sufficient immovable property in Tanzania — quantum guided by Advocates Remuneration Order (3% of liquidated claim) — reasonableness of proposed security.
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14 August 2023 |
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Unfair-prejudice petition under the Companies Act was settled by consent; court recorded and incorporated the Deed of Settlement as its decree.
Companies law – Unfair prejudice petition under s.233 – parties settled by Deed of Settlement. Civil procedure – Order XXIII r.3 CPC – consent settlements recorded as consent decisions/decrees. Consent decree – court’s role limited to examining enforceability and recording settlement.
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11 August 2023 |
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Eviction granted to bona fide purchaser where alleged execution-stage irregularities must be challenged separately.
Execution of decree – sale by auction – absoluteness of sale under Order XXI (rules 87–92) – eviction of purchaser – alleged auction irregularities (Auctioneers Act s.12(2), Land Act s.113) must be challenged by application to set aside sale or separate suit, not in eviction proceedings.
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11 August 2023 |
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Court ordered shareholders meeting to update BRELA records and appoint directors where quorum was impossible due to deceased directors.
Companies Act s.137 – Court-ordered convening of shareholders meeting – Updating company records at BRELA via ORS – Appointment of directors where quorum impossible due to deceased directors – Urgent and unopposed applications.
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9 August 2023 |
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Sickness proved by medical evidence and efforts to secure legal representation justified extension of time to apply to set aside ex-parte orders.
Civil procedure – extension of time – sickness and proof by medical certificate as sufficient ground for condonation. Civil procedure – extension of time – difficulty in obtaining legal representation by a lay litigant as a legitimate ground to grant extension. Condonation – applicant must account for period of delay; balance of probabilities test applies.
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7 August 2023 |
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A lawful Deed of Settlement between the plaintiff and defendants was recorded and entered as the court's decree.
Commercial law – contract for sale of goods (coffee) – claim for payment, refund, interest and damages; settlement by Deed of Settlement – consent judgment – recording settlement as decree under Order XXIII rule 3 Civil Procedure Code (Cap.33 R.E.2019).
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7 August 2023 |
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Withdrawal with leave to refile does not extend limitation; time‑barred suit dismissed with costs.
Limitation of actions – Withdrawal with leave to refile – Order XXIII rule 3 CPC – leave to refile does not extend or waive statutory limitation – time‑barred suit must be dismissed; non‑joinder objection not considered.
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7 August 2023 |
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Default judgment for bank on unpaid consumer loan; contractual and post-judgment interest awarded; publication required before execution.
Commercial law – Default judgment under Rule 22(1) – substituted service by publication – sufficiency of affidavit proof of indebtedness (Evidence Act ss.110–112) – bank loan repayment obligations – contractual interest and post-judgment interest – publication condition before execution (Rule 22(2)).
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4 August 2023 |
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Default judgment for unpaid consumer loan after lawful substituted service and proof under Rule 22(1).
Commercial law – Default judgment – Requirements of Rule 22(1): proof of service, Form No.1, affidavit in proof of claim and authenticated exhibits. Civil procedure – Substituted service by publication where personal service fails. Contract law – Breach of consumer loan facility; obligation to perform under Law of Contract Act s.37. Remedies – Award of principal, contractual interest to judgment, post-judgment interest at court rate, costs. Execution – Conditional execution and publication requirement under Rule 22(2).
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4 August 2023 |
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Suit against the East African Community barred by immunity; court dismissed claim for lack of jurisdiction.
Immunity of international organisations – East African Community – Headquarters Agreement Article IV(1)(a)-(b) – immunity of Secretariat, property and assets – waiver limitations – jurisdictional bar to suit.
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4 August 2023 |
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Applicant failed to account for unexplained delay and did not show an apparent illegality justifying extension of time.
Limitation of actions — extension of time — applicant must account for each day of delay; alleged illegality must be apparent on the face of the record to justify extension — award of general damages is discretionary and not per se illegal.
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4 August 2023 |
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Applicant granted interim maintenance of status quo and injunctions restraining respondent’s termination notice and usurpation pending trial.
Civil procedure – interim relief – maintenance of status quo ante and interim injunctions – requirements: prima facie case, irreparable harm, balance of convenience; hearsay evidence – expunging unsupported third‑party averments; contractual disputes – validity/effect of termination notice pending trial.
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4 August 2023 |
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Reference dismissed; taxing officer correctly taxed attendance and instruction fees and instruction fee was not excessive.
Advocates’ Remuneration Order – Attendance fees (Eighth Schedule, Item 3) are distinct from instruction fees; Counterclaim treated as separate suit for taxation; Taxing officer’s discretion in assessing instruction fees and applying Ninth Schedule scales will not be disturbed absent injudicious exercise or wrong principle.
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4 August 2023 |
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A petition under Companies Act s233(1) is a suit (six-year limitation); preliminary objections (limitation, non-joinder, verification, majority status) were overruled.
Companies Act s233(1) – nature of petition (suit vs application) – applicable limitation period; Law of Limitation Act – Item 24 (six years) vs Item 21 (60 days); non-joinder – BRELA – not a pure point of law for preliminary dismissal; verification defects – amendable; unfair prejudice petitions – available to majority and minority shareholders.
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4 August 2023 |
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Summary judgment granted for unpaid electricity arrears after valid publication service and failure to seek leave to defend.
Summary procedure (Order XXXV) – service by publication – affidavit of inability to locate defendant – allegations deemed admitted where no leave to defend filed – entitlement to judgment for proven electricity arrears – post-judgment interest at court rate.
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4 August 2023 |
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Court overruled objections, permitting plaintiff’s contract claim to proceed despite apparent third‑party agreement.
Civil procedure – Preliminary objections – court may examine pleadings and annexures when objection is not purely abstract; Cause of action – plaint and annexures to be read together; Locus standi – where contract appears with third party, factual nexus may require evidence; Objections overruled where resolution requires trial evidence.
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3 August 2023 |
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An award transmitted to court by letter is incompetent if not accompanied by the arbitral proceedings required under Regulation 51(5).
Arbitration — Recognition vs enforcement of awards; Regulation 51(5) — transmittal of award must include arbitral proceedings; Regulation 63(1) — petition requirement is subject to exceptions; Incompetent application (award without proceedings) — struck out with leave to re-file.
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3 August 2023 |
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An award filed under Regulation 51(5) must be accompanied by the full arbitral proceedings; noncompliance renders filing incompetent.
Arbitration — Filing of arbitral award — Regulation 51(5) requires award to be filed together with arbitral proceedings; mandatory requirement — Regulation 63(1) (petition requirement) subject to "save as otherwise provided" — Recognition (s.83) and enforcement (s.73) of awards — Incompetent filing struck out with leave to refile.
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3 August 2023 |
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Applicants failed to show arguable or important issues; leave to appeal is dismissed with costs.
Leave to appeal – discretionary and not automatic – applicant must show arguable issue of law or fact of sufficient importance or novel point of law; High Court not to determine merits; extension of time – promptness and accounting for delay; alleged illegality as ground for extension.
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2 August 2023 |
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1 August 2023 |