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Citation
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Judgment date
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| July 2025 |
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Court ruled vehicles under joint ownership cannot be attached for execution of unrelated decree.
Civil Procedure - Objection Proceedings; Joint Ownership; Execution of Decree - Attachable Property; Legal Interest in Attached Vehicles.
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11 July 2025 |
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Application for execution by arrest and detention dismissed due to unmet legal preconditions under the Civil Procedure Code.
Civil Procedure - execution of decree by arrest and detention - legal preconditions under Order XXI; Directors' liability in execution proceedings.
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11 July 2025 |
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The counter claim was struck out for failure to provide the required statutory notice in government actions.
Limitation of actions; breach of contract; statutory notice requirement in government proceedings.
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11 July 2025 |
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Parties must engage in agreed pre-litigation negotiation before addressing a court for resolution.
Contract Law - breach of contract - preliminary objection - pre-litigation negotiation requirement - compliance with contractual clauses.
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11 July 2025 |
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Parties settled a breach of contract case via consent judgment with agreed payments and legal fees.
Contract Law – Breach of Contract – Settlement Agreement – Consent Judgment – Compromise of Suit
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10 July 2025 |
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A foreign entity without assets in Tanzania is required to post security for costs in a Tanzanian court case.
Civil Procedure - Security for Costs - Foreign Plaintiff - Conditions for Security - Premature Application for Stay of Proceedings.
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4 July 2025 |
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Application to set aside sale of property due to alleged irregularities dismissed; applicant lacked proof of substantial injury.
Execution of decree – setting aside sale of property – procedural irregularities and locus standi – lack of substantial injury.
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4 July 2025 |
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Insurance breach occurred when respondent refused indemnity payment for theft loss under goods in transit policy.
Insurance Law – Breach of insurance contract – Refusal to settle indemnity upon loss – Contractual obligations in transportation.
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4 July 2025 |
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Court finds petitioner's Counsel has a conflict of interest, disqualifying him in a corporate prejudice case.
Commercial law – Unfair prejudice in corporate affairs – Conflict of interest and legal representation in corporate litigation.
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4 July 2025 |
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Defendant's breach of vehicle credit sale agreements led court to authorize repossession, deny payment claims but award damages.
Contract law – Breach of credit sale agreements – Remedies for non-payment – Repossession and recovery costs – General damages awarded.
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4 July 2025 |
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Defendant breached Credit Sale Agreement; plaintiff entitled to repossession and costs, but not outstanding debt post-repossession.
Commercial Law – Credit Sale Agreement – Breach of contract – Repossession of assets upon default – Claim for outstanding debt and repossession costs.
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4 July 2025 |
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Court finds Defendant breached sale agreement, authorizes repossession and sale of vehicles, dismisses counterclaims.
Contract Law – Breach of Sale and Purchase Agreement – Repossession and Disposal of Vehicles – Lack of Supporting Evidence for Counterclaims.
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4 July 2025 |
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Board resolutions are unnecessary for lawsuits against external parties unless involving internal corporate conflicts.
Company law - Board resolution - necessity - External disputes vs. internal conflicts - Companies Act section 147 interpretation - Ostensible authority in legal proceedings
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4 July 2025 |
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The court ruled on breach of an agency agreement, awarding substantiated claims and denying other relief due to lack of evidence.
Contract Law – Breach of agency agreement – Remedies available – Proof of claims and damages – Default judgment
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4 July 2025 |
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Execution of judgment stayed due to pending appeal and intact stay order despite non-compliance with conditions.
Execution proceedings - Stay order - Validity of a stay order despite non-compliance with condition - Legal consequences of failure to deposit bank guarantee.
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4 July 2025 |
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Liquidation ordered for a company unable to pay debts, prioritizing preferential creditors over others.
Company Law – Winding up – Insolvency due to financial losses – Priority of creditor payments – Preferential creditors.
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2 July 2025 |
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Parties settled a loan breach case with a Consent Judgment, agreeing on payment terms to resolve claims.
Commercial Law – Loan Agreement Breach – Consent Judgment Adoption – Payment Settlement Terms
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1 July 2025 |
| June 2025 |
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Commercial Court allows unlimited time for clerical corrections under specific rules, overriding general limitation period.
Commercial law – rectification of clerical errors – time limits for correction under specific court rules versus general limitation law.
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30 June 2025 |
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Summary judgment granted due to defendant's failure to defend claims based on dishonoured cheques and contract breach.
Commercial law – Summary judgment – Breach of contract – Dishonoured cheques – Entitlement to damages and costs.
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30 June 2025 |
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The court recorded and adopted a mutually agreed settlement to resolve a contract dispute.
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30 June 2025 |
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Petition struck out for non-compliance with arbitration clause in contract, rendering it incompetent.
Contract Law – arbitration agreement – jurisdiction of courts – enforcement of contractual arbitration clauses
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30 June 2025 |
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Extension of time granted as applicant demonstrated sufficient cause for delay in filing application for reference.
Civil procedure - Application for extension of time - Requirements for demonstrating sufficient cause for delay.
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30 June 2025 |
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Court ruled in favor of the bank for breach of loan agreement due to non-payment by borrower.
Contract Law – Default judgment – Validity of loan agreement – Breach of contract by failure to repay – Damages and statutory default notice.
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27 June 2025 |
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Court grants injunctive relief to preserve hotel business status quo pending resolution of joint venture dispute.
Contract law – Injunctive relief – Breach of joint venture agreement – Validity of termination notice disputed.
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27 June 2025 |
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Joint Venture Agreement was terminated, invalidating claims of breach by a defendant and resulting in dismissal of suit.
Contract Law – Joint Venture Agreement – Termination of agreement – Effect of termination notice – Alleged breach post-termination
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27 June 2025 |
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Improper filing method rendered an arbitration extension of time application procedurally defective and incompetent.
Arbitration – extension of time – procedural impropriety in filing – requirement for chamber summons with affidavit.
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23 June 2025 |
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Court overturns arbitration due to procedural improprieties, notably lacking verbatim records and exclusive reliance on documents.
Arbitration – Serious procedural irregularities – Jurisdictional overreach – Failure to record proceedings – Documentary evidence reliance – Public policy.
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20 June 2025 |
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Preliminary objection on time-barred execution was dismissed due to non-compliance with court filing deadlines.
Civil Procedure - Execution of Court Decree - Compliance with Court Orders - Filing Deadlines - Time Limitation
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20 June 2025 |
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A court can amend a decree to correct clerical errors and align it with the judgment at any time before execution.
Civil procedure – amendment of decree – clerical errors – application for amendment not time-barred – power of court to correct decree to conform to judgment – rule 75 of the High Court (Commercial Division) Procedure Rules – section 96 Civil Procedure Code.
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20 June 2025 |
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Court orders non-resident plaintiff to deposit TZS 15,000,000 as security for costs in commercial suit.
Commercial law - Security for costs - Non-resident plaintiff - Reasonableness of security amount
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20 June 2025 |
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Court denied substitution of a defunct party's name in legal proceedings as the entity had been dissolved.
Legal capacity – Substitution of party name – Validity of proceedings after statutory changes – Effect of entity dissolution.
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20 June 2025 |
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Extension of time granted for one-day delay caused by computation error; applicant acted with sufficient diligence.
Appellate procedure – extension of time under section 11(1) AJA – requirement to account for delay – computation error as acceptable explanation – diligence in prosecuting appeal – thirty-day extension granted.
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17 June 2025 |
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Plaintiffs may withdraw a summary suit and refile as an ordinary suit with a limited filing-fee exemption.
Summary procedure — withdrawal of summary suit and liberty to refile as ordinary suit; Court Fees Rules 2018 Rule 6 — exemption of filing fee for intended plaint only; Order XXXV and Order XXIII CPC; withdrawal without costs; defendant's failure to obtain leave to defend.
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17 June 2025 |
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Sale of mortgaged vehicles before loan maturity and without statutory notice was void; damages unproven.
Loan/security – existence of loan and security over motor vehicles – admitted. Default and enforcement – premature exercise of lender’s right to sell collateral before loan maturity. Procedure – notice requirements for disposal of loan collateral; non-compliance with Microfinance (Non-Deposit Taking) Regulations G.N. No. 679 of 2019 (Rule 41(4)). Evidence – unpleaded matters (notices) cannot be relied on; burden to plead and prove damages.
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16 June 2025 |
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A judgment debtor's sworn proof of a residential dwelling prevents attachment absent documentary proof of a mortgage.
Civil Procedure – Execution – Attachment of residential property – Protection under section 48(1)(e) CPC – Requirement of proof to show mortgage waiving protection. Evidence – Sufficiency of affidavit and supporting documents; failure to annex loan facility agreement or surrendered Certificate of Occupancy fatal to decree holder's claim. Relief – Execution application struck out where protection not rebutted.
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13 June 2025 |
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Applicant failed to show sufficient cause for extension; alleged illegality did not relate to the impugned decision.
Civil procedure — Extension of time — Section 14(1) Law of Limitation Act — applicant must account for each day of delay (Lyamuya principle). Illegality as ground for extension — illegality must relate to the decision sought to be impugned. Evidential requirement — attach judgment/decree and state compliance with prior transfer orders. Failure to file ordered written submissions treated as non-appearance; matter proceeded on applicant's materials only.
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13 June 2025 |
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Default judgment entered for unpaid balance; interest reduced and change-of-ownership/recovery limited for lack of proof.
Civil procedure — Default judgment — Rule 22, High Court (Commercial Division) Procedure Rules — requirements: failure to file WSD, proof of service (including by publication), Form No.1 and supporting affidavit. Contract/Commercial law — Credit sale — proof of agreement, delivery, part-payment and default; remedies for unpaid balance. Remedies — Interest — claims must be pleaded, particularised and proved; court may award mercantile interest when appropriate. Security/recovery — Repossession of chattel and change of ownership — cannot permit double recovery absent proof of proceeds or vehicle value.
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13 June 2025 |
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Extension of time refused where alleged defective certificate of delay did not cause the appellant's lateness and days were unaccounted for.
Extension of time – application to file notice of appeal out of time – alleged erroneous certificate of delay – computation of time from notification of readiness of appeal documents – requirement to account for each day of delay and show diligence (Lyamuya principles) – Court of Appeal struck out appeal for memorandum filed out of time following counsel's concession, not due to defective certificate of delay.
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13 June 2025 |
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Applicant failed to prove wrongdoing; court refused to lift corporate veil to execute decree against directors.
Corporate veil — piercing for execution — requirement to prove no real separation and wrongful/fraudulent or obstructive conduct (eg concealing assets) — evidential burden on decree-holder — late counter-affidavit disregarded.
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13 June 2025 |
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Mareva injunction refused: 90‑day notice had lapsed and balance of convenience favoured the lender.
• Commercial law – interim/Mareva injunction – requisites: prima facie case, irreparable harm, balance of convenience
• Mortgage enforcement – lender’s right to recover by sale of secured property vs borrower’s protection against eviction
• Statutory 90‑day notice of intention to sue – effect as legal impediment to instituting suit
• Discretionary refusal of injunctive relief where balance of convenience favours creditor
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13 June 2025 |
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Court enforces separable arbitration clause but, due to defendant’s procedural defaults, grants default judgment for unpaid lease invoices.
Commercial law – breach of lease/lease-supply agreement – default judgment – invoices and email correspondence as proof of contract; Arbitration law – separability of arbitration agreement (Arbitration Act s.12) – referral under s.14 requires application no later than filing first substantive defence; procedural bar where defendant fails to file WSD or seek referral; court’s inherent case-management discretion not to refer to arbitration where plaintiff already heard.
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13 June 2025 |
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Applicant's prompt withdrawal for defective record and swift remedial action constituted sufficient cause for extension to file a notice of appeal.
Extension of time – sufficient cause – technical defects in record of appeal – withdrawal of appeal and prompt remedial action – diligence as factor in granting extension – requirement to account for delay is fact-specific.
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13 June 2025 |
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Witness statements filed after the 14-day period from the Final PTC are struck out and the suit dismissed for want of prosecution.
Commercial Court Rules – Rule 49(2) – computation of the 14-day period for filing witness statements; day of Final Pre-Trial Conference is included – mandatory nature of filing – late witness statements struck out – failure to prosecute – dismissal for want of prosecution.
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11 June 2025 |
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The case concludes with a judgment by consent involving agreed damages and installment payments without further litigation.
Commercial law – Settlement – Consent Judgment – Payment of agreed damages without litigation.
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11 June 2025 |
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Default judgment refused where plaintiff failed to prove existence of the sale contract and produce supporting annexures.
Commercial procedure – Default judgment: absence of defence does not relieve plaintiff of proving claim on balance of probabilities; Rule 22 and Form No.1 requirements; Evidence Act ss.3(2)(b),110. Sale of Goods Act – ss.5(1) and 6(1): contracts may be oral but high-value corporate sales ought to be in writing for certainty and evidence. Failure to produce annexures (contract, delivery note, invoices) defeats claim.
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10 June 2025 |
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An advocate’s negligence and unproven illegality do not justify an extension of time to appeal; applicant must account for delay.
Appellate procedure — extension of time under Section 11(1) AJA — requirement to show sufficient cause and account for each day of delay — advocate’s negligence or incapacity not automatically good cause — alleged illegality must be apparent on the face of the record.
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6 June 2025 |
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Default judgment: defendant liable for unpaid credit-sale debt, damages, interest and costs; execution conditional on Rule 22 compliance.
Commercial law – Credit sale of goods – Existence of contract evidenced by delivery notes and invoices; Default judgment – failure to file written statement of defence or counter-affidavit; Evidence – affidavit as substitute for oral evidence when uncontroverted; Remedies – decretal sum, general damages, interest and costs; Execution – compliance with Rule 22(2)(a),(b) before execution.
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6 June 2025 |
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Applicants failed to establish the cumulative Atilio v Mbowe requirements for a temporary injunction; application dismissed.
Commercial procedure – interlocutory injunction – requirements under Atilio v Mbowe: triable issue, irreparable harm, balance of convenience – cumulative test. Evidence – affidavits must specifically establish irreparable loss; submissions from counsel are not evidence. Remedies – need to show damages inadequate (America Cyanamid principle). Mootness – completed transfer may overtake interim relief application.
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6 June 2025 |
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Lifting the corporate veil does not automatically permit arrest; committal requires proof of Order XXI rule 39(2) grounds.
Civil procedure – Execution by arrest and detention – Distinction between lifting corporate veil and committal under Order XXI rule 39(2). Corporate law – Lifting corporate veil – effect is to make individuals personally liable but does not automatically justify committal. Burden of proof – Decree-holder must plead and prove statutory grounds (fiduciary account, transfer/concealment, undue preference, refusal/neglect to pay when able, likelihood of absconding) occurring after veil lifting. Temporal relevance – Only post-veil-lifting conduct of individuals is relevant to committal proceedings.
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6 June 2025 |
| May 2025 |
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Execution application struck out where land was third‑party and execution remedies had not been exhausted.
Execution — Attachment and sale — Whether property belonging to a third party can be attached — Third-party property not attachable. Civil Procedure — Withdrawal after hearing — Application heard on merits cannot be withdrawn. Execution — Debenture-charged assets — Availability and possession disputed; execution remedies not exhausted. Relief — Dismissal vs striking out — Striking out preserves ability to refile; dismissal would be final.
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30 May 2025 |