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Citation
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Judgment date
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| December 2024 |
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A Court of Appeal stay remains effective until varied or rescinded unless it expressly states it will lapse on default.
* Civil procedure – Stay of execution – Effect of Court of Appeal stay conditioned on furnishing security – Whether stay lapses automatically on default to furnish security – Rule 64(2) Court of Appeal Rules, 2009.
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20 December 2024 |
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Failure to file proof of debt requires a secured creditor to surrender its security for the benefit of all creditors.
Companies (Insolvency) Rules — Proof of debt (Form 365a) — Rule 148(1)–(3) — Rule 170(1) — Omission by secured creditor to disclose security — Surrender of security for benefit of all creditors — Liquidator’s entitlement to custody of title deed.
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19 December 2024 |
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Refiling without impleading the tax authority is not automatically an abuse nor mandates joinder as a necessary party.
Civil procedure – Joinder of necessary parties – Order II Rule 1 – Necessary party versus evidentiary convenience; Civil procedure – Abuse of court process – Withdrawal with liberty to refile – dominus litis and absence of mandatory court direction to implead a party.
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19 December 2024 |
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13 December 2024 |
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A judgment debtor must satisfy the decree or obtain an appellate stay to halt execution; third‑party interests do not bar attachment.
* Execution proceedings – requirement to satisfy decree or obtain appellate stay to halt execution – pending review insufficient without stay or satisfaction.
* Execution – attachment and prohibitory orders may issue despite alleged third‑party interests; third parties may lodge objections subsequently.
* Procedure – valuation reports required before proclamation of sale.
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13 December 2024 |
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Applicant entitled to principal and interest for breach of deed of settlement; cryptocurrency dealings not per se illegal.
* Contract law – validity of deed of settlement – cryptocurrency transactions not per se illegal and do not vitiate contracts.
* Breach of contract – admitted misappropriation and failure to honour repayment instalments.
* Remedies – award of principal and interest; no costs awarded.
* Burden and standard of proof – civil standard (balance of probabilities) applied.
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13 December 2024 |
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Court refused to record alleged part-payment absent certification or proper Order XXI rule 2(2) application, gave 14 days to comply.
* Civil Procedure – Execution – Order XXI rules 2(1)-(3) – Requirement that payments or adjustments be certified by decree holder or recorded after application under rule 2(2).
* Evidence – Alleged part-payment – insufficiency of unauthorised computer statements and handwritten totals to prove payment.
* Procedural compliance – judgment debtor’s duty to follow Order XXI rule 2(2) to have unacknowledged payments recorded.
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12 December 2024 |
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Applicant bank entitled to Tshs.3,092,913,885, general damages and interest for defendants’ loan default.
Commercial law – loan facilities – validity and enforcement of credit facility agreements; Security – mortgage, chattel mortgage and personal guarantees; Breach of contract – default and entitlement to principal, damages and interest; Decretal execution – publication condition under Rule 22(2).
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10 December 2024 |
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Plaintiff proved default; guarantors jointly and severally liable for outstanding loan; judgment interest, costs, and publication conditions imposed.
* Commercial law – debt recovery – default judgment based on affidavit evidence and secondary documents admissible under Evidence Act s.68(f),(g). * Guarantees and indemnities – guarantors jointly and severally liable for outstanding loan after mortgage sale. * Mortgage enforcement – sale proceeds insufficient to discharge debt; deficiency recoverable. * Interest on judgment – awarded at 7% from date of judgment. * Procedure – substituted service by publication and statutory publication/waiting period before execution (Rule 22(2)(a)).
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6 December 2024 |
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Illegality in an arbitral award can justify extension of time despite the applicant's inordinate delay.
* Extension of time – application to challenge arbitral award – requirements for extension: accounting for delay, diligence and sufficient cause.
* Illegality – allegations of illegality (including jurisdictional issues) in an arbitral award can constitute sufficient cause for extension.
* Arbitration – registration and challenge of arbitral awards – time limits and discretion under the Law of Limitation, Arbitration Act and HCCD Rules.
* Procedural diligence – unexplained, inordinate delay may be weighed against alleged illegality when exercising discretion.
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6 December 2024 |
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Court sanctioned discounted share issuance under Companies Act s60, imposing a 90‑day completion limit and CMCA extension requirement.
Companies Act s60 – issuance of shares at discount – requirement of court sanction – members’ resolution – CMCA approval and listing – one‑year operation requirement – court may impose time limit and require regulatory extension.
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5 December 2024 |
| November 2024 |
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Six-day delay in filing defence condoned due to advocate’s bereavement and prompt subsequent action; ten-day extension granted.
Commercial procedure – extension of time to file written statement of defence – Rule 20(2) High Court (Commercial Division) Procedure Rules – section 93 CPC – sufficiency of cause and accounting for each day of delay – relevance of Lyamuya and Bushiri – bereavement and travel as acceptable cause.
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29 November 2024 |
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Escrow/internal accounts represented disbursement by respondents; borrowers defaulted; respondents awarded USD 47,228,592.53 plus interest and costs.
• Banking law – syndicated/club loan facilities – disbursement via internal/escrow accounts and effect of restructurings. • Evidence – burden of proof in civil cases (Section 110 Evidence Act) and adverse inference for failure to call material witness. • Company law – proof of corporate existence (certificate of incorporation) and limits of inferring legal personality. • Contract law – valid irrevocable payment instructions; parties' obligations to perform; default and enforcement of securities. • Remedies – quantification of outstanding loan, contractual interest and court interest.
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29 November 2024 |
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The plaintiff’s specific-performance claim over a land sale is a land dispute; the Commercial Division lacks jurisdiction.
Jurisdiction — Commercial Division v Land Courts; conveyancing and sale of land; specific performance of land sale; Section 167 Land Act Cap 113; Section 3 Land Dispute Courts Act Cap 216; High Court (Commercial Division) Procedure Rules, Rule 3.
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29 November 2024 |
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A committing court may release a civil prisoner on serious medical grounds proven by adequate medical records.
Civil Procedure – Execution – Arrest and detention of judgment debtor – Release of civil prisoner on ground of serious illness under s.47(3)(b) CPC; sufficiency of medical evidence (MRI reports and treatment records); distinction between committal and release; burden on decree-holder to rebut medical evidence.
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22 November 2024 |
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Plaintiff failed to prove execution of a loan agreement; unsigned offer letter insufficient, suit dismissed with costs.
Contract law – offer and acceptance – requirement of communication/production of acceptance; evidence – burden of proof (he who alleges must prove) – unsigned offer letter insufficient to prove a binding credit facility agreement; injuria sine damnum – loss without legal remedy; suit dismissed with costs.
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22 November 2024 |
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Applicant’s bid for a court broker dismissed as barred by prior ruling and respondents’ admitted compliance.
Commercial injunction — execution — appointment of court broker to verify compliance — prior identical prayer refused — functus officio, res judicata and issue estoppel — failure to file counter‑affidavit admits respondents’ factual averments — need for evidence of disobedience before enforcement.
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22 November 2024 |
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A defendant’s purported "cross suit" was a time‑barred set‑off, expunged and preliminary objection upheld.
Civil procedure — Distinction between set‑off and counterclaim; set‑off requires pleading within 21 days under Order VIII r.6(1); counterclaims treated as cross‑suits under Order VIII r.9(2); amendment beyond court’s leave and time‑barred set‑off liable to dismissal and expungement.
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22 November 2024 |
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Tanzanian court recognized and enforced a Dubai commercial judgment after upholding jurisdiction and email/bilingual service.
Enforcement of foreign judgments — common law doctrine of obligation — presumption of competence under CPC s.12 — forum selection clauses and court jurisdiction — service by email and bilingual notification — waiver of right to be heard — finality and specific monetary sum — narrow public policy exception.
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15 November 2024 |
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A director who misappropriated the applicant's loan funds was ordered to refund them with interest, damages and costs.
* Company law – Director's fiduciary duties – breach by misappropriation of company funds (s182 Companies Act).
* Civil procedure – Default judgment – substituted and electronic service; failure to file written statement of defence or counter-affidavit.
* Remedies – declaration, refund of misappropriated sums, specific and general damages, interest and costs.
* Evidence – affidavit and documentary exhibits as substitute for oral evidence in default proceedings.
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15 November 2024 |
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Court lacks jurisdiction to extend time for filing defence after 28 days; plaintiff may seek default judgment.
* Commercial Court procedure – extension of time to file Written Statement of Defence – statutory 21-day filing period and seven-day grace period – 28-day jurisdictional limit under Rule 20(2). * Relief – default judgment permitted where no timely defence is filed. * Procedure – applications for extension ordinarily by chamber summons supported by affidavit (Order XLIII Rule 2, CPC).
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15 November 2024 |
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Plaintiff obtained default judgment against defendant for unpaid supply of goods with interest and damages.
Contract law – sale on credit; breach for non-payment of supplied goods; default judgment after substituted service; affidavit proof and absence of counter-affidavit; commercial interest and court interest; award of general damages; conditional execution under Rule 22(2).
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15 November 2024 |
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Plaintiff failed to prove a valid contract or underlying loan; suit dismissed and costs awarded to defendant.
Contract law – existence and certainty of contract; requirement to prove underlying transaction giving rise to settlement agreements; adverse inference for failure to call material witnesses; pleadings and exhibits must be consistent; where agreement’s object is uncertain it is void.
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15 November 2024 |
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A separate injunction application is permissible; argumentative or conclusory affidavit paragraphs are expunged and respondents pay 75% costs.
Companies law/Commercial procedure – interlocutory injunction – permissibility of separate interlocutory application where main petition lacked restrictive prayers; Civil Procedure – affidavits – inadmissibility of legal arguments, conclusions or prayers in affidavits (Order XIX r.3(1)); expunction of offending paragraphs; costs where preliminary objections are largely misconceived but partly meritorious.
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15 November 2024 |
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Taxing Officer may award same instruction fees in Advocate‑Client bill when Party‑Party amount upheld; court will not reopen settled taxation.
Advocates’ costs – Taxation of instruction fees – consistency between Party‑Party and Advocate‑Client bills; Taxing Officer’s discretion – interference only where injudicious or wrong principle applied; burden of proof in disputed payment of legal fees; functus officio and issue estoppel bar re‑litigation of taxation issues; pending appeal does not nullify binding High Court confirmation unless reversed.
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15 November 2024 |
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Court grants 30-day extension to challenge arbitral award, finding delay technical rather than inordinate.
Law of Limitation — extension of time under s.14(1) — technical delay vs inordinate delay — withdrawal with leave to refile — alleged illegality of arbitral award — limitation for filing arbitral awards (60 days).
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15 November 2024 |
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Court recognised and enforced an uncontested domestic arbitral award after finding arbitrability and no public policy conflict.
* Arbitration — Recognition and enforcement of domestic arbitral award under Arbitration Act — Section 83(2) public policy and arbitrability ex officio tests.
* Arbitrability — contractual dispute over public works road-upgrading contract — arbitrable.
* Public policy — narrow exception; enforcement refused only where violation of basic notions of morality and justice.
* Decree extraction — court may extract dispositive orders from award and register them as court decree.
* Costs — allocation of arbitration institutional fees and party legal costs.
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14 November 2024 |
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Whether the executing court may construe a decree from a consent judgment adopting a settlement and permit the applicant's execution.
* Civil procedure – Execution of decrees – Decree extracted from consent judgment adopting a deed of settlement is executable.
* Civil procedure – Construction of decrees – Executing court may refer to judgment and proceedings to ascertain decree’s true meaning.
* Civil procedure – Execution timing – Agreement to pay by instalments does not bar execution after agreed time has expired; conditional third‑party payments do not suspend execution.
* Execution remedies – Recording partial satisfaction and prohibiting third‑party payments pending execution.
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13 November 2024 |
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Extension of time granted where appeal delay was technical (court transcript omission) and applicant acted diligently.
Appellate procedure – extension of time under s.11(1) AJA; technical delay vs actual delay; accounting for delay and diligence (Lyamuya criteria); litigant not punished for court/transcription errors; semantic form of prayers (enlarge vs extend) not fatal.
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8 November 2024 |
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Whether execution by possession of mortgaged property is permitted under a consent decree varied by deed of variation.
* Civil procedure – execution of consent decree – deed of settlement and deed of variation – deed of variation fixing decretal amount and preserving other terms allowing execution against mortgaged property.
* Civil procedure – preliminary objections – factual disputes (amount paid/outstanding) not to be determined by PO (Mukisa principle).
* Government Proceedings Act – s.6(2) and (5) – inapplicable where no government interest or proper joinder of Attorney General exists.
* Execution – permitted modes include entering possession of mortgaged property where contractually agreed.
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8 November 2024 |
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A Tanzanian court may grant interim injunctions to protect rights pending foreign-seated CIETAC arbitration when jurisdiction and Attilio tests are met.
Arbitration – Interim reliefs – Jurisdiction of national courts to grant interim injunctions in support of arbitration (section 2(3) JALA; sections 51, 7 Arbitration Act) – Party autonomy and seat of arbitration – Mareva/prohibitory injunction pending CIETAC arbitration – Attilio v Mbowe trinity applied.
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8 November 2024 |
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Court dismissed challenges to domestic arbitral awards: public‑policy, jurisdiction and merits objections failed.
Arbitration — setting aside awards — sections 74, 75, 80 Arbitration Act — public policy (procurement rules vs. manner of procurement) — choice of curial law — Kompetenz‑Kompetenz — waiver by participation — separability doctrine — limits of judicial review (no merits re‑hearing).
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8 November 2024 |
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Court reduced excessive instruction fee and disallowed misclassified taxation costs; each party bears own costs.
• Taxation of costs – proper schedule for instruction fees – distinction between liquidated and unliquidated claims – application of 11th Schedule item (d) for defendants defending unliquidated claims. • Taxing officer’s discretion – fees must be commensurate with time, energy and industry; appellate interference limited to cases of judicial error. • Order 48 – effect of disallowance exceeding one-sixth of a bill of costs. • Classification of costs – bill of costs versus fee for attending taxation (Order 55(3)).
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8 November 2024 |
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Extension of time to set aside dismissal denied for failure to account for delay and lack of proof of timely filing.
Civil procedure — Extension of time under Section 14 Law of Limitation Act and Order VIII r.20(2) CPC; requirements to account for all days of delay (Lyamuya factors); illness of counsel as potential cause; necessity of documentary proof for alleged timely electronic filings and registry rejections.
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8 November 2024 |
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Court recorded parties' settlement as consent judgment: defendants to pay USD 80,000 in quarterly instalments, enforceable on default.
* Civil procedure — Consent judgment — Recording a deed of settlement as court decree under Order XXIII Rule 3 CPC and High Court (Commercial Division) Procedure Rules.
* Enforcement — Payment schedule in settlement; instalment payments; specified bank remittance.
* Execution and remedies — Default entitles plaintiff to execute and claim remaining balance plus 25% penalty.
* Finality — Full performance extinguishes plaintiff’s claims and restores pre-litigation positions.
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8 November 2024 |
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A filed deed of settlement was recorded as a consent judgment enforcing repayment, business resumption, and recovery obligations.
Consent judgment – Recording and adoption of deed of settlement – Enforcement of repayment schedule – Resumption of business relationship – Obligation to pursue recovery of funds from fraudulent account – Remedy on default (acceleration to original claim).
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8 November 2024 |
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Plaintiff failed to prove existence or breach of contract; suit dismissed and defendant awarded costs.
Contract law – proof of written or oral contract – inference from conduct; evidentiary value of invoices and EFD receipts; burden of proof; failure to call material witnesses; dismissal for want of merit; costs awarded.
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1 November 2024 |
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A judgment debtor may waive s.48(1)(e) protection by encumbering or offering a dwelling as security, making it attachable.
* Civil Procedure Code s.48(1)(e) – protection of residential dwelling; waiver by encumbrance or offering as security; judgment debtor's undertaking in stay of execution; attachment and sale in execution; interplay with Land Act provisions; reliance on Ngeleja v National Bank of Commerce.
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1 November 2024 |
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Extension of time to refile a dismissed time‑barred arbitration registration was refused due to res judicata, functus officio and unexplained delay.
* Arbitration — limitation — applicable period for Arbitration Act matters (Item 21 Part III Law of Limitation Act — 60 days).
* Extension of time — discretionary relief — requirement to account for all delay, diligence and absence of inordinate delay.
* Res judicata / functus officio — a court cannot grant extension to re‑file a matter it has already dismissed; remedy is review.
* Technical delay — time spent prosecuting earlier court proceedings may be excusable but must be adequately accounted for.
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1 November 2024 |
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Court recorded parties' settlement as a consent judgment ordering the defendant to pay USD 145,000 by a set date.
Commercial dispute — consent deed — recording as consent judgment under Order XXIII Rule 3 CPC and High Court (Commercial Division) Procedure Rules; settlement terms enforceable as consent decree; payment, default and execution; confidentiality and no admission of liability.
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1 November 2024 |
| October 2024 |
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Oral last‑minute extension refused; unserved witness statement struck out for unexplained delay under Rule 55.
HCCD Procedure Rules — service of witness statements — Rule 49 and Rule 55 — failure to serve within prescribed time — striking out witness statements unless court extends time; extension of time applications require formal application, evidence and accounting for each day of delay; oral applications on trial date permitted only in genuine emergencies.
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25 October 2024 |
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Whether a taxing officer improperly exercised discretion in awarding instruction, attendance and filing fees under the Advocates Remuneration Order.
* Taxation of costs – Advocates Remuneration Order (GN No. 263 of 2015) – instruction fees, attendance fees and filing fees – requirement to give reasons – taxing officer’s discretion – appellate interference standard (Mbogo test).
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25 October 2024 |
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Court recorded parties’ settlement under Order XXIII(3) CPC and made the deed a decree enforceable on default.
• Civil procedure – Consent judgment – Recording a filed deed of settlement under Order XXIII(3) CPC – Deed incorporated as court decree and enforceable on default; payment schedule; release of liability; costs each party.
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25 October 2024 |
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Application for discovery under Order XI r.10 refused where possession not shown and request amounted to a fishing expedition.
Order XI r.10 CPC — Discovery of documents — five‑part test: parties before court; pending issues; relevance; possession/power; no fishing expedition — pre‑trial discovery refused where possession not established and request seeks plaintiff’s evidentiary material.
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25 October 2024 |
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A court lacks jurisdiction to extend the defendant’s time to file a defence after the 28‑day statutory period; default judgment permitted.
* Civil procedure — Commercial Court Rules — Rule 20(2): defendant must file written statement of defence within 21 days or apply for extension within 7 days after expiry (maximum 28 days). * Jurisdiction — Court lacks power to extend time after the statutorily fixed 28‑day period. * Good cause — internal negligence or document misplacement does not ordinarily constitute sufficient reason for extension absent supporting evidence. * Default judgment — plaintiff entitled to apply under Rule 22 where defendant misses prescribed timelines.
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25 October 2024 |
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Court entered consent judgment enforcing a settlement with monthly payments, 15% default interest and execution on default.
Commercial law – Consent judgment – Recording and entry of judgment by consent based on a filed Deed of Settlement; Payment schedule and enforcement; Interest on default; Full and final release of claims; Costs.
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23 October 2024 |
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Where more than one-sixth of a bill is disallowed, the party loses costs of taxation; that award was set aside.
Advocates Remuneration Order (GN No. 263/2015) — Rule 48; taxation of bills of costs; meaning of “more than one-sixth disallowed” — denial of costs of taxation (incidental costs) where threshold exceeded; calculation of one-sixth exclusive of court fees; limits of Taxing Officer’s role.
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18 October 2024 |
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Default judgment for USD119,173.02 entered for plaintiff for breach of merchant services agreement where defendant failed to contest.
* Commercial law – Merchant Services and Indemnity Agreement – liability for disputed POS/card transactions; default judgment under Rule 22(1).
* Civil procedure – substituted service by publication; consequences of failure to file defence or counter-affidavit; affidavits and annexures as evidence.
* Remedies – quantum proven by bank statement; contractual/commercial interest and decretal interest; costs and conditional execution pending compliance with Rule 22(2).
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18 October 2024 |
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A registered trade mark owner obtained default judgment for infringement with injunction, destruction order and damages.
* Trade mark law – registered trade mark – exclusive right to use – Trade and Service Marks Act s.31 and s.32
* Infringement and passing off – similarity of mark, identity of goods, likelihood of confusion
* Default judgment – uncontested affidavit evidence as substitute for oral evidence; failure to file defence treated as admission
* Remedies – permanent injunction, destruction of counterfeit goods, award of general damages, execution under Commercial Court Rules (Rule 22)
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18 October 2024 |
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The court adopted the parties' settlement as a binding consent judgment and marked the contract dispute as fully settled.
Contract law – settlement – consent judgment – enforceability of mediation settlement – equipment sale disputes – recovery of outstanding amounts – enforceable deed of settlement – discharge of further claims on payment.
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18 October 2024 |