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Citation
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Judgment date
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| October 2025 |
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The applicant's plaint disclosed no cause of action against the respondents' directors; respondents' late defences were struck out.
* Commercial procedure – Rule 20(1) H.C. (Commercial Division) Procedure Rules, 2012 – late filing of defence: defences filed out of time without leave are struck out.
* Civil Procedure – Order VII rule 1(e) and rule 11(a) – plaint must disclose a cause of action and may be rejected if it does not.
* Company law – separate corporate personality (Salomon principle) – directors not personally liable absent pleadings to lift corporate veil.
* Pleading practice – plaintiff must plead facts justifying piercing the corporate veil before proceeding against directors.
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24 October 2025 |
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A final consent decree cannot ordinarily be reopened by a fresh suit; doing so may amount to abuse of process.
Functus officio; Consent judgment and decree; Abuse of court process; Proper remedy for alleged fraud in consent decree — review/revision v. fresh suit; Execution of consent decrees.
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22 October 2025 |
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Court registered and entered arbitral award as judgment, enforcing lease-breach damages, interest, fees, and return of keys.
* Arbitration — Registration and enforcement of arbitral award — Regulation 51(6) GN No.146/2021 and section 73 Arbitration Act 2020 — judgment in terms of award enforceable as court judgment. * Contract/Lease — breach for failure to restore premises, failure to give notice, rent arrears, unlawful retention of keys and obstruction to re-letting. * Remedies — compensatory damages, interest, arbitration fees, taxation of legal costs by arbitrator, and return of keys.
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21 October 2025 |
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Filing an arbitral award under Regulation 51(5) constitutes an application for registration and enforcement unless substantive jurisdiction is challenged.
* Arbitration — Filing of award under Regulation 51(5) GN.146/2021 — Filing constitutes an application for registration and enforcement under section 73 Arbitration Act 2020; * Procedure — Regulation 51(4)–(7) — filing triggers notice, show-cause and summary registration/enforcement process; * Jurisdiction — Section 73(3) — sole ground to refuse registration is lack of substantive jurisdiction of arbitral tribunal; * Civil procedure — Multiplicity of filings does not automatically attract striking out absent res subjudice or proven abuse.
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21 October 2025 |
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Whether an arbitral award filed under the repealed Arbitration Act is registrable despite procedural, constitution and fee-payment objections.
Arbitration — registration and enforcement of arbitral awards — applicability of repealed Arbitration Act and Rules versus 2nd Schedule CPC and Arbitration Act 2020 — tests for registrability under section 17 of the repealed Act — waiver of substantive jurisdictional objections not raised before arbitrator — arbitrator’s lien and payment of fees by one party does not automatically prove bias.
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17 October 2025 |
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Trade-dress infringement found where respondent's packaging caused consumer confusion; applicant awarded injunction, damages and costs.
Trade marks – Trade dress/get-up infringement – Section 32(2)(a) Trade and Service Marks Act – Consumer confusion (average consumer standard) – Indirect confusion/passing off – Proof of specific and general damages – Permanent injunction and costs.
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17 October 2025 |
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A defaulting defendant lacks locus standi to challenge affidavits in ex parte default-judgment proceedings.
Civil procedure – Default judgment – Ex parte nature of default-judgment proceedings under Commercial Court Rules – Locus standi of defaulting defendant to file incidental applications; Arrest/stay of judgment (common law) – available only where reserved judgment exists or intrinsic defects on face of record; Affidavit rules – allegations of argumentative or extraneous content not determinative once jurisdiction lacking.
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10 October 2025 |
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A Taxing Officer may not stay execution of taxed costs absent a party’s application or proper jurisdiction; unpleaded reliefs cannot be granted.
* Taxation procedure – Taxing Officer’s jurisdiction – Whether a Taxing Officer can stay execution of taxed costs absent an application or execution proceedings.
* Civil procedure – Reliefs not pleaded – Courts cannot grant unpleaded reliefs.
* Execution of decree – Stay of execution must be sought by proper procedure before a competent forum.
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10 October 2025 |
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Court granted extension of time due to technical delay and an apparent illegality warranting appellate review.
Extension of time – Discretionary relief – Lyamuya factors (account for delay; inordinate delay; diligence; other sufficient reasons).; Technical delay – appeal lodged in time but struck out – may justify extension if promptly addressed.; Illegality – manifest and important point (suo motu substitution of parties / denial of right to be heard) can constitute sufficient reason to extend time.; Civil procedure – filing/registry errors and rectification of procedural defects.
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10 October 2025 |
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Default judgment awarded for plaintiff for deficient cashewnut delivery; defendant ordered to pay compensation, interest and costs.
Commercial law – Default judgment under Rule 22 – Proof by affidavit and annexures (invoices, bank transfers, PDNs) – Short delivery of goods (raw cashewnuts) – Award of compensation, interest and costs; execution subject to Rule 22(2) publication requirement.
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6 October 2025 |
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Court records parties’ settlement as consent judgment and decree, enforceable with acceleration on default.
Civil Procedure — Settlement and compromise — Recording of settlement under Order XXIII Rule 3 — Consent judgment — Effect as decree; Commercial claim — Admission of debt; Payment schedule and acceleration clause; Waiver of further interest on full payment; Binding on successors; Costs borne by each party.
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6 October 2025 |
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Whether a performance bond claim was liquidated and whether the Taxing Officer’s USD 75,000 instruction fee was excessive.
Advocates' Remuneration Order — liquidated vs unliquidated claims; application of Ninth Schedule (liquidated sums) v. Eleventh Schedule; taxation of instruction fees; reasonableness of costs where suit dismissed on preliminary objection.
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6 October 2025 |
| September 2025 |
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Default judgment granted for unpaid contract balance after substituted service and absence of defence.
* Commercial law – breach of contract – supplier failed to deliver contracted maize quantities; default judgment under Rule 22(1).
* Service of process – repeated personal service attempts and substituted service by publication justified default proceedings.
* Evidentiary proof – affidavit and annexed contract, bank transfer, corporate registry extract and correspondence sufficient to prove claim and outstanding balance.
* Remedies – award of principal, pre- and post-judgment interest at specified rates, general damages and costs; execution subject to Rule 22(2).
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30 September 2025 |
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Application to amend defence over licence-ownership facts denied; post-mediation amendments discouraged to prevent prejudice.
* Commercial Procedure – Amendment of pleadings – Rule 24(1) & (3)(b) – dual test: determine real question in controversy and achieve justice.
* Pleadings – locus standi and cause of action – defects in plaint versus defendant’s Written Statement of Defence.
* Civil procedure – timing of amendments – amendments after mediation and at pre-trial stage discouraged to protect mediation confidentiality and prevent prejudice.
* Evidence procedure – newly discovered documents may be tendered or used in cross-examination rather than by amending defence.
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26 September 2025 |
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Applicant granted 14‑day extension to seek registration and enforcement of arbitral award due to technical delay and necessary documents.
Extension of time – Limitation Act s.14(1) – registration and enforcement of arbitral award – technical delay – necessity of arbitrator’s approval letter and certified ruling – functus officio and accounting for each day of delay.
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26 September 2025 |
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Court granted extension to file and register arbitral award, finding technical delay excused and applicant diligent.
Arbitration — Extension of time under Law of Limitation Act s.14(1) — Technical delay after striking out a timely but incompetent application — Lyamuya criteria (account for delay, inordinate delay, diligence) — Fortunatus Masha distinguished — Registration/recognition procedure under Arbitration Act and Rules.
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26 September 2025 |
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Default judgment granted where respondent failed to defend and applicant proved contractual breach and damages.
Commercial procedure – Default judgment under Rule 22(1) – prerequisites: service, failure to file WSD, plaintiff’s motion in Form No.1, and proof by affidavit; Affidavit and documents as substitute for oral evidence; Contract law – existence, breach and proof of quantum; Damages – specific (outstanding debt) and general damages; Interest – commercial and decretal rates; Execution conditional on compliance with Rule 22(2).
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26 September 2025 |
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An executing court cannot re‑open or nullify its own decree; application dismissed for lack of jurisdiction (functus officio).
Civil Procedure — Execution — Scope of executing court’s jurisdiction under section 44(1) CPC — Executing court cannot go behind or invalidate its own decree — Functus officio doctrine — Application dismissed for want of jurisdiction.
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26 September 2025 |
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Decree-holder must certify and record acknowledged out-of-court payments despite accrued interest; application partly granted.
Order XXI r.2 Civil Procedure Code – duty of decree-holder to certify out-of-court payments to executing court; uncertified payments not recognized in execution; accrued interest does not absolve duty to record payments; remedy – certification/recording through execution application.
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26 September 2025 |
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Suit struck out as premature for failure to issue contractual Notice of Default before litigation.
Commercial law – credit facility – contractual precondition to litigation – mandatory issuance of Notice of Default under facility agreement; Civil Procedure – preliminary objections – distinction between jurisdictional (pure law) points and factual/forum-convenience matters; ADR – contractual dispute-resolution steps separable and enforceable; s.13 CPC recognition of pre-action notice/ADR.
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26 September 2025 |
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Court grants execution; pre-judgment reconciliation payments cannot be deducted at execution stage without decree certification.
Execution — attachment of bank account — sufficiency of cause to restrain execution; pre-judgment payments and reconciliation — not deductible at execution stage; Order XXI r.2(1) CPC — certification applies to payments under a decree, not pre-judgment settlements.
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26 September 2025 |
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Court sanctioned a listed company's discounted rights issue after finding statutory conditions and notice requirements satisfied.
Companies Act s.62(1)&(2) – Court sanction for issuance of shares at discount – requirements: members' resolution, specification of maximum discount, one‑year business threshold, timing of issue – procedural propriety: petition vs chamber summons and role of publication for public notice – regulator's no‑objection considered.
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26 September 2025 |
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Preliminary objections relying on unpleaded facts or objection‑proceedings findings were overruled; suit may proceed to determine mortgage rights.
* Civil procedure – preliminary objections – point of law vs. factual disputes (Mukisa principle) – preliminary objection invalid where it relies on unpleaded facts requiring evidence.
* Execution/objection proceedings – remedy for unsuccessful objection is institution of a suit under Order XXI Rule 64; objection proceedings do not necessarily give rise to res judicata.
* Pleadings – cause of action – mortgage/loan allegations in plaint sufficient to disclose cause of action against mortgagee/loan party.
* Strike-out – allegations about missing annexures constitute evidence questions and are not a pure point of law for preliminary striking out.
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26 September 2025 |
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Claim for mortgage-secured monies mixed with guarantees does not qualify for summary procedure; suit struck out.
Civil procedure – Summary procedure (Order XXXV, Rule 1(c)(i)) – Suit for payment of monies secured by mortgage – Effect of additional personal guarantees and parties who did not execute the mortgage – Requirement that claim fall squarely within summary procedure before entry of summary judgment.
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25 September 2025 |
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Registration of a foreign arbitral award is governed by a 60‑day limitation under Item 21 and is time‑barred if late.
Arbitration — Registration/enforcement of foreign arbitral award; filing by tribunal letter treated as an application; limitation — Item 21 Part III Law of Limitation Act (60 days) applies where arbitration law is silent; Item 18 (six months) confined to awards under the Civil Procedure Code Second Schedule; foreign award (seat Amsterdam); late registration time‑barred; application dismissed and award struck out.
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23 September 2025 |
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A forum court lacks jurisdiction to set aside a foreign arbitral award; annulment lies with courts of the seat.
* Arbitration — Seat of arbitration — place where award is made determines nationality of award; seat Amsterdam makes award foreign.* Jurisdiction — Supervisory power to set aside/annul an arbitral award resides with courts of the seat, not the forum of enforcement.* Arbitration Act — provisions for setting aside awards (domestic) do not extend to awards whose seat is outside the United Republic; section 29(1) cross-reference in repealed Act is a draftsman’s error.* Distinction between annulment (setting aside) and refusal of recognition/enforcement by forum courts.
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23 September 2025 |
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A successor in title may execute a decree; factual disputes over succession or residential immunity require a merits hearing.
Civil procedure — Execution — Locus standi of successor in title to execute decree; Preliminary objections — must be pure points of law and self‑proofing; Section 48 CPC — protection of residential/matrimonial homes — factual issue requiring evidence (occupancy, mortgage, spouse's consent). |
19 September 2025 |
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Mareva injunction application struck out for being brought by chamber summons instead of a petition under arbitration rules.
Arbitration — interim relief — section 51 Arbitration Act — Rule 63(1)(a) Arbitration Rules requires petition — procedural form for Mareva injunction in arbitration-related disputes — competence of chamber summons versus petition.
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19 September 2025 |
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Taxing officer taxed costs without applying statutory scale; instruction fee reduced from TZS 11,000,000 to TZS 5,000,000.
* Advocates Remuneration Order – Order 46 – Bills of costs must be taxed on prescribed scales unless a Judge certifies departure.
* Eleventh Schedule – item (1)(d) applicable to fees for defending contentious proceedings; minimum TZS 1,000,000 and discretion to award a reasonable sum.
* Excessiveness – taxing officer’s discretion must be exercised judiciously; instruction fee reduced as excessive.
* Order 48 – disallowance pertains to costs of taxation, not automatic disallowance of entire bill.
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19 September 2025 |
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Court recorded and adopted parties’ settlement as consent judgment, making instalment plan and acceleration clause enforceable.
Civil procedure – Consent judgment – Recording and adoption of a deed of settlement under Order XXIII, Rule 3 – Settlement terms enforceable as decree – Waiver, instalment payments, acceleration on default – Parties to bear own costs.
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19 September 2025 |
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Default judgment for unpaid loan; guarantees triggered, debenture crystallized, interest and costs awarded.
Commercial law – Default judgment under Rule 22(1) – Loan and overdraft facilities – Debenture and guarantees – Surety liability triggered on principal default – Crystallisation of charge – Quantum, interest and costs.
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12 September 2025 |
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Whether a time‑bar preliminary objection is competent where the alleged date of cause of action is not pleaded.
Limitation Act – time‑bar plea; preliminary objection – must be pure point of law on face of pleadings (Mukisa principle); cause of action ascertainable from plaint; factual issues cannot be disposed of on PO.
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12 September 2025 |
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The applicant’s combined Notice to Produce/List of Additional Documents was irregular and struck out; status quo application denied.
Civil procedure — Evidence Act s.74 Notice to Produce — requirement to identify original documents — defective Notice without attachments; Civil Procedure Code Order XIII — List of Additional Documents to be filed on or before final pre-trial settlement and scheduling conference (2024 amendment) — late filing struck out; Preliminary objections raised prematurely may be entertained but must raise pure points of law; Interim relief for maintenance of status quo requires imminent danger and precise description of property.
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12 September 2025 |
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Wrong citation of enabling provisions does not oust the court’s jurisdiction; preliminary objection dismissed with costs.
* Commercial Court procedure – extension of time to publish decree – jurisdiction of High Court (Commercial Division).
* Civil Procedure Code – wrong citation/non‑citation of enabling provision – not fatal where court has jurisdiction.
* Law of Limitation Act – s.14(1) not the exclusive remedy for enlargement of time.
* Overriding objective/substantive justice – procedural technicalities should not defeat jurisdiction.
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12 September 2025 |
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Plaintiffs’ failure to pursue agreed arbitration led the court to stay the suit pending arbitration; each party to bear own costs.
Commercial dispute – Arbitration clause in subcontract – Validity and enforcement – Court jurisdiction not ousted by agreement but parties’ choice to arbitrate should be respected – Exceptional circumstances required to depart from arbitration – Appropriate remedy is stay pending arbitration, not striking out.
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12 September 2025 |
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A commercial loan dispute was resolved by a court-adopted consent judgment based on a deed of settlement.
Civil procedure – consent judgment – settlement agreement – adoption by court – enforcement of deed of settlement – execution on default – Order XXIII Rule 3 of the Civil Procedure Code.
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10 September 2025 |
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The court held the suit was improperly filed in court instead of following the contractually agreed arbitration process.
Civil procedure – preliminary objection – ouster of court jurisdiction – arbitration clause – contracts – whether the existence of an arbitration clause precludes judicial intervention – effect of instituting suit in court contrary to agreed dispute resolution mechanism.
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9 September 2025 |
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An applicant’s unexplained delay in filing witness statements and unverified evidence does not merit extension of time.
Extension of time – filing witness statements as commencement of hearing; good cause requirement and accounting for delay; competency of affidavits – jurat requirement for joint deponents; submissions from the bar are not evidence; procedural consequence of failing to file witness statements.
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9 September 2025 |
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A jurat missing the Commissioner’s inserted name is incurably defective; property of a judgment debtor is attachable and saleable.
* Evidence – affidavits – jurat requirements – section 8 Notaries Public and Commissioners for Oaths Act – name of Commissioner in jurat mandatory; rubber stamp insufficient. * Civil procedure – preliminary objection – expungement of incurably defective affidavit. * Execution – attachment – land belonging to a judgment debtor is liable to attachment and sale (s.54(1), Order XXI r.11 CPC). * Corporate status – shareholder/director status does not exempt property of a judgment debtor from execution.
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9 September 2025 |
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Strict compliance with the 10-page limit for plaints is mandatory; non-adherence leads to striking out the suit.
Civil Procedure – Pleadings – High Court (Commercial Division) Procedure Rules – mandatory page limit for plaints – application of overriding objective – non-compliance results in striking out suit.
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9 September 2025 |
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Extension granted after prompt withdrawal of timely appeal due to court-originated defects in the record.
Civil procedure – extension of time to file notice of appeal – AJA s.11(1) and Limitation Act s.14(1) – withdrawal of timely appeal due to court-originated defects in record – sufficient cause and accounting for delay – discretion to enlarge time.
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9 September 2025 |
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Contempt application dismissed as status quo ante order lapsed and corporate/director liability requirements were unmet under the law.
Civil procedure – Contempt of court – Status quo ante orders – Effect of denial of injunction – Corporate personality – Personal liability of directors – Lifting the corporate veil – Appropriate remedies for contempt by companies under the CPC.
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8 September 2025 |
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Wrong citation of law does not bar granting relief where the court has jurisdiction and parties are not prejudiced.
Civil Procedure – Lifting of corporate veil – Wrong citation or non-citation of enabling provision – Effect – Whether procedural errors defeat substantive justice – Inherent powers of court.
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8 September 2025 |
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High Court retains jurisdiction to grant extension of time to appeal against default judgment even after failed application to set it aside.
Civil Procedure – Default Judgment – Jurisdiction – Extension of time to appeal – Whether applicant may appeal on merits after failed application to set aside default judgment – Distinction between application to set aside and appeal on merits.
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4 September 2025 |
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Court entered consent judgment enforcing a settlement resolving plaintiffs' breach of contract claims against the defendant.
* Commercial law – breach of contract claims for supply of goods – court‑annexed mediation leading to Deed of Settlement.
* Consent judgment – entry of judgment by consent where deed is authentic and enforceable.
* Enforcement – payment schedule, bank particulars, instalments and consequences of default (taxed costs, restoration/compounding of waived interests and damages).
* Binding effect – settlement binding on parties, successors and assignees; marks suit wholly settled.
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4 September 2025 |
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A petition to set aside an arbitral award was struck out for lacking a verifying affidavit and failure to certify documents.
Arbitration – Preliminary objections – locus standi of statutory successor – procedural compliance – certification of annexures – verifying affidavit – consequence of procedural defects in arbitration petitions.
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1 September 2025 |
| August 2025 |
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A stay under the Arbitration Act requires a valid arbitration agreement covering the court dispute; absent that, the stay is refused.
* Arbitration law – stay of proceedings – section 15 Arbitration Act – stay available only where a valid arbitration agreement covers the matter in dispute.
* Inherent jurisdiction – Court’s section 95 powers not to be invoked where specific statutory provisions apply.
* Civil procedure – parties bound by their pleadings; doctrine of approbation and reprobation.
* Arbitration Act – parallel proceedings permitted; sections 14(3) and 15(5) allow arbitration to continue despite court applications.
* Stay of suit – cannot be ordered in absence of arbitration clause covering the court dispute.
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29 August 2025 |
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Security for costs cannot be granted where the respondent is locally registered and the applicant fails to prove insufficient assets.
Civil procedure – security for costs – Order XXV CPC – definition of 'foreign company' for security for costs applications – burden of proof regarding sufficiency of immovable property – applicant’s onus to establish prerequisites.
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29 August 2025 |
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Application for execution of decree by delivery or possession of mortgaged property dismissed as not legally tenable under the execution laws.
Civil procedure – execution of judgment – modes of execution – delivery and possession of mortgaged property – statutory remedies of mortgagee – whether court can grant possession or eviction in execution where decree does not specifically order it – powers under Civil Procedure Code and Land Act distinguished.
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29 August 2025 |
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Ex-parte interim orders to restore possession and maintain status quo ante granted pending hearing of spoliation-related claims.
Civil Procedure – Interim Injunctions – Ex-parte Orders – Status quo ante – Spoliation – Restoration of Possession – Urgent Applications – Principle of Prima Facie Case – Property Rights – Restoration pending inter-partes hearing.
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29 August 2025 |