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Citation
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Judgment date
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| 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 |
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A party seeking civil imprisonment of a judgment debtor must strictly satisfy statutory prerequisites beyond mere lack of attachable property.
Civil procedure – Execution of judgment – Arrest and detention of judgment debtor as civil prisoner – Prerequisites under Order XXI Rule 41(2) Civil Procedure Code – Failure to adduce sufficient evidence – Application dismissed.
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29 August 2025 |
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A default judgment was entered for outstanding contract debt where the defendant failed to defend after being duly served.
Civil Procedure — Default judgment — Failure by defendant to file defence — Proof by affidavit — Commercial contract — Supply of goods — Contractual breach — Interest and costs — Procedure under Commercial Division Rules.
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29 August 2025 |
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Application for attachment before judgment dismissed for failure to show evidence of intent to dissipate assets.
Attachment before judgment — Order XXXVI Rule 6 CPC; requirements: prima facie case and cogent evidence of intent to dispose/remove assets to defeat execution; foreign defendant/absence of immovable property not alone sufficient; extraordinary nature of remedy; performance guarantees and bank accounts — relevance and proper subject of attachment; balance of convenience and public interest.
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29 August 2025 |
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Preliminary objections to amendment of pleadings and supporting affidavit procedure overruled where scheduling order reserved amendment right.
Civil Procedure – Preliminary objections – Amendment of written pleadings – Scheduling Order – Affidavits – Tolerance of argumentative or opinionated language in affidavits – Order VIIIB Rule 23, Order XIX Rule 3(1) of the CPC – Overriding objective and substantive justice.
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22 August 2025 |
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A non-party to default judgment proceedings lacks standing to seek a stay of such proceedings.
Civil Procedure – locus standi – application to stay proceedings – default judgment – standing of non-party to default judgment application – jurisdiction – abuse of process.
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22 August 2025 |
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A company under liquidation cannot bypass its liquidator or seek a court order for asset transfer where the law prescribes an administrative process.
Company law – Winding up – Powers of directors and liquidator – Whether court order is required for private transfer of shares listed on stock exchange by operation of law – Central Securities Depository (CSD) Rules, 2022 – Transfer of assets in liquidation without liquidator’s involvement – Due process in voluntary winding up.
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22 August 2025 |
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A party may withdraw a suit with liberty to refile if there are sufficient grounds, such as missing key documents.
Civil procedure – withdrawal of suit – leave to refile – formal defects vs sufficient grounds – costs – Commercial Division – evidentiary shortcomings as sufficient grounds under Order XXIII rule (2) CPC.
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22 August 2025 |
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Wrong citation of procedural rules is not fatal, but additional documents filed after Final PTC are struck out.
Commercial Division procedure — witness statements — citation of enabling provisions (Rules 49 & 50) — wrong citation not necessarily fatal; Amendment to Order XIII — final pre-trial conference as cut-off for filing additional documents — late documents struck out; interplay of overriding objective and procedural compliance.
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22 August 2025 |
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A stay of further execution was granted pending resolution of an application to set aside an ex-parte decree, but the garnishee order nisi remains.
Civil Procedure – Garnishee Proceedings – Service requirements on judgment debtor – Stay of execution pending application to set aside ex parte decree – Effect of operational hardship – Judicial discretion to stay execution to prevent prejudice.
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22 August 2025 |
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The court ordered winding up of an insolvent company and appointed an official liquidator after an uncontested petition.
Company law – winding up – insolvency – special resolution – appointment of official liquidator – uncontested winding up petition.
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22 August 2025 |
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Withdrawal of arbitral proceedings with leave to refile is permitted on new grounds, subject to costs and absence of abuse.
Arbitration – withdrawal and refiling of petitions – leave of court – application of the Civil Procedure Code – abuse of court process – effect of withdrawal on parties' status
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22 August 2025 |
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A petitioner may withdraw a suit at any stage without reasons and the court may exercise discretion not to award costs.
Civil procedure – withdrawal of suit – right to withdraw without reasons – discretion regarding costs – respondent's objection to withdrawal – effect of early withdrawal on costs |
22 August 2025 |
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A bank successfully recovered outstanding credit and interest from defaulting borrowers, with counterclaim held to require prior regulatory complaint procedures.
Banking – credit facilities – liability under loan agreements – guarantees and securities – risk-sharing arrangement – frustration of contract – jurisdiction for banking consumer complaints – proper forum for redress under financial regulations. |
18 August 2025 |
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Preliminary objections on res judicata and affidavit defect dismissed where issues involved factual disputes and compliance with affidavit requirements was confirmed.
Civil Procedure – Res judicata – Whether application to set aside default judgment is barred by earlier extension of time application – Affidavit defects – Jurat of attestation – Preliminary objections – Matters of fact not appropriate for objection – Compliance with statutory requirements for affidavits.
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15 August 2025 |
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Ex-parte orders set aside where applicant’s advocate’s illness was proven as sufficient cause for non-appearance at hearing.
Civil Procedure – application to set aside ex-parte order – sufficient cause – illness of advocate – restoration of application for inter-partes hearing.
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15 August 2025 |
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Technical delay in filing a notice of appeal can justify extension of time if uncontested and sufficiently explained.
Civil procedure – application for extension of time – technical delay following striking out of prior notice – sufficiency of cause – requirement to account for delay – uncontested affidavit evidence.
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15 August 2025 |
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The court dismissed a consumer’s suit for failing to exhaust regulatory redress mechanisms before approaching the High Court.
Banking law – Financial Consumer Protection Regulations – exhaustion of internal remedies – jurisdiction of the High Court – complaint procedure – judicial review – commercial suits against banks.
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15 August 2025 |
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Execution suspended where review and stay applications are pending before the Court of Appeal to avoid rendering appellate relief nugatory.
Execution – Stay of execution – Pending review and stay applications in appellate court – Whether proceedings for execution should be suspended – Discretion of executing court pending appellate processes.
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15 August 2025 |
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Execution of a taxed costs certificate was dismissed due to pending review and stay applications in the Court of Appeal.
Civil procedure – Execution of decree – Effect of pending application for review and stay of execution in higher court – Whether execution should proceed in absence of a stay order – Sufficient cause shown for suspension of execution.
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15 August 2025 |
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Court granted voluntary winding up of a company following special resolution, appointing a liquidator for three months.
Company law – Winding up – Voluntary winding up by court order – Special resolution by members – Appointment of liquidator – Companies Act compliance.
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15 August 2025 |
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A default judgment application must be supported by affidavit evidence, as pleadings alone are insufficient to prove claims.
Civil Procedure – Default judgment – Requirement for affidavit in proof of claim – Rule 22(1) Commercial Court Rules – Evidence – Pleadings not constituting evidence – Dismissal for failure to prove case by affidavit.
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15 August 2025 |
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A petition for appointment of an arbitrator was dismissed for want of prosecution due to non-compliance with procedural orders.
Civil procedure – Want of prosecution – Dismissal for failure to comply with court order to file documents – Non-compliance with procedural orders as failure to prosecute – Rule 22 of the High Court Commercial Division Rules applied.
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12 August 2025 |
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A commercial dispute was settled by deed, adopted by the court as a consent judgment under the Civil Procedure Code.
Civil procedure – Consent judgment – Deed of settlement – Order XXIII Rule 3 of the Civil Procedure Code – Enforceability of compromise agreements – Settlement of commercial dispute by mutual agreement.
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11 August 2025 |
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A suit filed before exhausting agreed negotiation mechanisms under contract was struck out as prematurely filed.
Civil procedure – preliminary objection – jurisdiction – contract – alternative dispute resolution – failure to exhaust contractual dispute resolution remedies – striking out suit for prematurity
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7 August 2025 |
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Court found itself functus officio and dismissed a revived application to enforce an arbitral award previously challenged and remitted.
Arbitration – enforcement of award – functus officio – remission of arbitral award – distinction between challenge of award and enforcement proceedings – effect of partial remission on enforceability of unremitted award portions – recognition of arbitral awards – abuse of process.
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7 August 2025 |
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A mutual settlement terminating a commercial lease was recorded as a consent judgment and the suit was marked settled.
Civil procedure — Consent judgment — Settlement of commercial disputes — Compromise agreement — Mutual termination of lease — Full and final settlement of claims — Deed of Settlement recorded as judgment.
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4 August 2025 |
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A commercial lease dispute was settled by mutual agreement, forming a consent judgment that fully resolved all claims between the parties.
Contract – Lease agreement – Consent judgment – Settlement – Mutual termination of contract – Decree by agreement under CPC Order XXIII Rule 3 – Full and final settlement of all claims.
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4 August 2025 |
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Where parties file a lawful settlement deed, court may record it as a consent judgment and decree with enforceable terms.
Civil procedure – Consent judgment – Compromise of suit – Settlement agreement recorded as judgment and decree – Enforcement on default – Order XXIII Rule 3 of the Civil Procedure Code.
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4 August 2025 |
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A default judgment was granted for unpaid loan, interest, damages and costs after the respondent failed to enter appearance or defence.
Banking law – loan facility – breach of loan agreement – default judgment – substituted service – proof of claim – interest and damages – procedural compliance for default judgments in commercial cases.
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1 August 2025 |
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Application for arbitral award enforcement struck out due to missing certified proceedings, violating procedural rules.
Arbitration enforcement – Filing requirements under Regulation 51 vs. Regulation 63 – Necessity of filing certified proceedings.
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1 August 2025 |
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A suit is technically res judicata where a prior court order dismissed the same cause of action between the same parties.
Civil procedure – Res judicata – Effect of dismissal of counter claim for non-compliance with court-imposed time limits – Whether subsequent suit on same cause of action between same parties is barred – Enforcement of court orders and procedural time frames.
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1 August 2025 |
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Settlement of commercial debt claims via consent judgment with agreed payment terms and conditions.
Contract Law - Consent Judgment - Settlement of Debt Claims - Commercial Dispute Settlement
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1 August 2025 |
| July 2025 |
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Court grants Mareva injunction to address unresolved financial issues prior to enforcement measures.
Injunctions – Mareva injunction – Whether unresolved financial disputes justify restraining enforcement actions.
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29 July 2025 |
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Parties settled dispute over loan agreement breach with a court-recorded settlement binding as a consent judgment.
Civil procedure – settlement agreement – loan agreement breach – order to record settlement as court decree
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28 July 2025 |
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Court grants execution of judgment despite dispute over disclosure of payments and attachment of debtor's properties.
Civil Procedure - Execution of decreed amount - Application for attachment and sale of properties - Sufficient cause to halt execution not established.
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25 July 2025 |
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Petition dismissed for want of statutory notice and legal grounding under the Companies Act.
Company law – Petition competence – Requirement of 90-day notice to the government – Legal grounding under Companies Act.
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25 July 2025 |
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Court orders fresh property valuation for reasonable auction execution.
Execution of decree - valuation before auction - discretion of Court Broker - requirement for fresh valuation.
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25 July 2025 |
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Application to enforce Kenyan judgment in Tanzania struck out due to non-joinder of necessary parties.
Reciprocal enforcement of foreign judgments - Jurisdiction to register foreign judgments - Non-joinder of necessary parties - Validity of supporting affidavit.
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25 July 2025 |
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The Commercial Court lacks jurisdiction over lease disputes, which fall under land disputes courts per the Land Act.
Jurisdiction – High Court (Commercial Division) – Lease agreements – Subject matter jurisdiction – Land Act provisions.
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25 July 2025 |
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Defendant found in breach for unpaid petroleum products, default judgment given with damages and interest awarded.
Contract Law – Breach of contract – Supply of petroleum substances – Default judgment due to non-payment – Damages and interest awarded.
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25 July 2025 |
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The High Court dismissed a petition to nullify 1979 share transfers, declaring it time-barred.
Company Law – Shares – Transfer of shares – Time limitation for claims requesting revocation of share transfers from an estate. Probate and Administration – Successor administrator's rights – Standing of successor administrator to challenge prior administrations.
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25 July 2025 |
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Tanzanian court upholds enforcement of a UK arbitral award, affirming jurisdiction and separability of agreements.
Arbitration law – Recognition and enforcement of foreign arbitral awards – Separability of arbitration agreements from main contract agreements – Certification of electronic documents. |
25 July 2025 |
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Application for extension of time to file Notice of Appeal granted after establishing diligent pursuit of appeal.
Civil procedure – Appeal – Extension of time to file notice of appeal – Requirement to account for each day of delay.
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25 July 2025 |
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The trial court lacked pecuniary jurisdiction; proceedings nullified, and judgment quashed due to exceeding statutory limits.
Commercial Law - Jurisdiction - Pecuniary jurisdiction limits of the Resident Magistrate's Court - Nullification of trial proceedings exceeding jurisdiction.
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18 July 2025 |
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Filing is complete upon electronic submission of documents unless rejected by court, holds Tanzanian High Court.
Civil procedure – Electronic filing – Completion of filing process – Timeliness of witness statement submission
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18 July 2025 |
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An application for execution by arrest was dismissed due to a pre-existing, court-sanctioned settlement agreement.
Civil Procedure – execution of decree – arrest and detention as civil prisoners – effect of court-sanctioned settlement on execution orders.
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18 July 2025 |
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Application to set aside ex-parte judgment denied due to applicant's failure to demonstrate sufficient cause for absence.
Civil Procedure – Ex-parte judgment – Setting aside – Requirements for demonstrating sufficient cause for absence.
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18 July 2025 |
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The court determined the ownership of disputed property based on valid discharge of mortgage and lack of evidence for forgery.
Property law – Execution of decree – Attachment of property – Validity of title and interest – Alleged forgery of discharge of mortgage.
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18 July 2025 |
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The application was struck out for being incompetent due to a defective affidavit and incorrect reliance on procedural rules.
Corporate law - Lifting the corporate veil - Jurisdiction - Procedural defects in affidavit verification
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18 July 2025 |