|
Citation
|
Judgment date
|
| November 2024 |
|
|
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.
|
8 November 2024 |
|
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.
|
8 November 2024 |
|
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).
|
8 November 2024 |
|
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.
|
1 November 2024 |
|
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.
|
1 November 2024 |
|
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.
|
1 November 2024 |
|
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.
|
1 November 2024 |
| October 2024 |
|
|
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.
|
25 October 2024 |
|
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).
|
25 October 2024 |
|
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.
|
25 October 2024 |
|
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.
|
25 October 2024 |
|
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.
|
25 October 2024 |
|
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.
|
23 October 2024 |
|
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.
|
18 October 2024 |
|
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).
|
18 October 2024 |
|
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)
|
18 October 2024 |
|
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.
|
18 October 2024 |
|
Court granted extension to file set-aside application, finding illness and technical filing issues constituted sufficient cause.
Limitation of actions – extension of time – discretion under s.14(1) Law of Limitation Act and court rules; sufficient cause — sickness and family medical emergency; requirement to account for each day of delay; credibility of supporting documents; ICT/technical difficulties as acceptable ground for short delay.
|
18 October 2024 |
|
Procedural breach of Commercial Court page limits upheld but rectified under the overriding objective; amended submissions ordered with costs.
Civil procedure – Commercial Court Rules – Rule 66(2) and Rule 19(2) – page limit for written submissions – non-compliance. Civil procedure – Overriding objective – Article 107A(2)(e) and sections 3A/3B of the Civil Procedure Code – rectification vs expungement. Practice – appropriate remedy for procedural breaches – rejection/expungement versus opportunity to cure defect.
|
18 October 2024 |
|
A registered mortgage takes precedence over a tenant’s lease; objection to attachment dismissed; auction advertisement irregularity noted.
Execution; Order XXI Rules 57,59,60,61 CPC — tenant in possession — objection to attachment; Registered mortgage priority — Section 54 CPC; Attachment subject to registered charge; Proclamation of sale expiry and advertisement irregularity; Security-sharing agreements and proof of mortgage interest.
|
18 October 2024 |
|
Separate pleadings did not constitute admissions; unilateral statements cannot bind co‑defendants, so judgment on admission was dismissed.
Civil procedure — Order XII (judgment on admissions) — Whether separate written statements of defence constitute admissions — One defendant cannot admit on behalf of another — Acknowledgement of guarantee deed and credit limit not automatic admission to pay — Third‑party notice denying liability.
|
18 October 2024 |
|
Defective unsworn witness statements are nullities and cannot be amended; court struck them out and ordered ex-parte proof.
Evidence — Witness statements — Sworn witness statements must contain verification, jurat and be executed before a Commissioner for Oaths as per Commercial Division Rules; non-compliant documents are not statements and are nullities. Procedure — Amendment — Sworn evidence is not amendable; a nullity cannot be amended though proper sworn evidence may be supplemented or replaced; amendment after scheduling order requires leave/extension. Remedy — Incompetent witness statements to be struck out; where defence has no admissible evidence applicant may proceed ex parte.
|
17 October 2024 |
|
Suit for eviction-related damages stayed as res subjudice; jurisdiction and s.38(1) objections dismissed.
Commercial Division jurisdiction – scope and limits – admissibility versus jurisdiction; Civil Procedure Code s.38(1) – executing court’s exclusive domain over execution-related questions; Res subjudice (s.8 CPC) – overlapping parties and substantially identical issues bar subsequent suit; Preliminary objections on jurisdiction/res subjudice may be raised orally or at any stage.
|
17 October 2024 |
|
Court lifted the corporate veil to permit execution against directors after personal settlement undertakings were defaulted.
Company law – lifting corporate veil – execution of decree – deed of settlement creating personal director undertakings – default on instalments as ground to pierce veil; requirement to show lack of real separation and conduct to conceal assets or obstruct execution (Yusuph Manji v. Masanja).
|
16 October 2024 |
|
A plaintiff seeking default judgment must prove the substantive claim by affidavit; pleadings alone are insufficient.
Commercial law — Default judgment (Rule 22(1), Commercial Court Rules) — Plaintiff must prove substantive claim by affidavit. Evidence — Affidavit as substitute for oral evidence — Must state facts from personal knowledge or believed true and annex supporting documents. Civil procedure — Pleadings are not evidence; special damages must be specifically pleaded and strictly proved.
|
11 October 2024 |
|
Whether defendants breached a written sale contract by non‑payment — court held breach, awarding outstanding sum, interest and damages.
Contract law – Sale of goods – written contract, LPO and invoice as primary evidence; alleged partnership not proved – breach for non‑payment; remedies: decretal sum, commercial interest, general damages and costs.
|
11 October 2024 |
|
Foreign plaintiff lacking immovable Tanzanian property must provide security for costs; court ordered USD 20,000 deposit.
Security for costs – Order XXV Rule 1 CPC – foreign plaintiff without immovable Tanzanian property; movable property in dispute does not qualify; discretion as to quantum; necessary-party status does not preclude order.
|
11 October 2024 |
|
Dispute over post‑contract commercial use of an image was a commercial case; trial court misdirected by ignoring material contract, appeal allowed.
Commercial jurisdiction — definition of commercial case under section 2 MCA — contractual relationship and liability of business organisation arising from commercial activities; Evidence — duty to consider admitted exhibits — failure to consider material contract (Exhibit DI) is material misdirection; Privacy/likeness claims — burden to prove contractual limits, lack of consent and damage; General damages — cannot stand where liability and proof are defective.
|
4 October 2024 |
|
Electronic submission before midnight constitutes filing; later physical endorsement does not render the application time-barred.
Commercial procedure — electronic filing — meaning and timing of 'filing' under JALA (Electronic Filing) Rules 2018 (Rule 21) — electronic case file as official record — hard-copy presentation and Deputy Registrar endorsement not determinative of filing date — preliminary objection procedure.
|
4 October 2024 |
|
Arbitration clause in loan agreement held to cover related payment-agreement dispute; suit struck out for arbitration.
Commercial law – arbitration clause – extent of arbitral clause to subsequent related agreements; jurisdiction – court vs arbitration; preliminary objection – improper amendment and case‑management; striking out where arbitration agreement governs dispute.
|
4 October 2024 |
|
A stay under Order XXI Rule 27 requires a pending suit against the decree holder; application dismissed.
Civil Procedure — Stay of execution — Order XXI Rule 27 requires a pending suit against the holder of the decree; intended appeal against refusal to extend time to set aside an ex parte judgment is not a proper basis for stay; re‑filing same relief after Court of Appeal struck out prior application — abuse/delay; preliminary objection on point of law upheld.
|
4 October 2024 |
|
Extension of time granted to file notice of appeal due to alleged illegality despite a short unexplained delay.
Civil procedure – extension of time – illegality as sufficient reason for extension – failure to account for every day of delay – judicial notice of court records where annexures omitted.
|
4 October 2024 |
| September 2024 |
|
|
Advocate’s illness or negligence does not constitute sufficient cause to set aside a default judgment; party must show good cause.
Civil procedure — Setting aside default/ex parte judgment — timeliness and filing date; payment/receipt as filing; advocates' illness or negligence not sufficient cause; party's duty to follow up; Rule 23(1) and 23(2)(b) HCCP Rules.
|
27 September 2024 |
|
Court dismissed objection to English pleadings absent Kiswahili translation, finding no prejudice and applicable English-language exceptions.
Language of proceedings – Interpretation of Laws Act s.84A and GN No.66/2022 – Whether English pleadings require Kiswahili translation under Rule 4(1)(a)&(b). Whether omission to file Kiswahili translation is fatal or causes prejudice – not fatal where parties are represented and documents are in English. Schedule items (finance/monetary affairs; governing law/practice in English) permit use of English in pleadings.
|
27 September 2024 |
|
Continuing-breach doctrine under Limitation Act prevents suit being time-barred for instalment loan; preliminary objection dismissed.
Limitation — contract claims — accrual of cause of action for instalment loan — Section 7 (continuing breach) of the Law of Limitation Act — fresh period of limitation runs while breach continues — preliminary objection on limitation overruled.
|
27 September 2024 |
|
Where an appeal challenges striking out of the suit, the appellate court, not the trial court, may grant preservatory orders such as a receiver.
Civil procedure – Appointment of receiver – Whether trial court may appoint receiver where underlying suit is struck out and appeal is pending – Appellate court’s jurisdiction to grant preservatory orders. Order XXXVIII Rule 1 and s.95 CPC – scope and limits when related appeal pending. Functus officio and sub judice considerations when proceedings are stayed or struck out.
|
27 September 2024 |
|
Application for extension to set aside a confirmed sale dismissed as overtaken by event and lacking sufficient cause.
Civil Procedure – Execution – Application to set aside sale – Right to apply exists before confirmation of sale under Order XXI r.90 – sale becomes absolute on confirmation. Extension of time – Sufficient cause – Illegality must be apparent on the face of the record (Lyamuya test) – absence of clear, immediately apparent illegality defeats extension. Execution – Valuation versus sale price – sale below valuation not automatically void; proclamation did not require court approval if price fell below valuation. Evidentiary contradictions – Self-contradictory affidavits weaken claims of procedural illegality.
|
27 September 2024 |
|
Court records parties’ deed of settlement as consent judgment, making agreed payments and release enforceable as a decree.
Commercial law – Consent judgment – Deed of settlement recorded under Order XXIII Rule 3 CPC – Settlement terms enforceable as decree – Execution on default – Full and final release; no admission of liability.
|
27 September 2024 |
|
A matrimonial home used by the applicant and family is not attachable and must be released from execution.
Civil procedure – Execution – Objection to execution – Matrimonial/residential home exemption under section 48(1)(e) CPC and Order XXI rule 57 – Burden to show property is non-attachable – Allegations of fraud in consent judgment not determinable in execution objections.
|
27 September 2024 |
|
Respondents permitted to amend reply to include BRELA documents only; new issues and belated annexures disallowed.
Civil procedure – Amendment of pleadings – Order VI r.17 – Court may allow amendment at any stage to determine real questions in controversy. Procedure – Oral application – Permissibility of oral application where circumstances justify. Companies law – Unfair prejudice petition – Scope of responsive pleadings vs cross-petition (counterclaim). Evidence/access to public records – BRELA documents retrievable by physical search may justify late inclusion. Pleadings – Afterthought annexures and new allegations (fraud/forgery) to be disallowed in amended reply.
|
27 September 2024 |
|
Application for interlocutory injunction dismissed: triable issues found but no irreparable harm and handover would pre-empt main suit.
Commercial law – Temporary injunction – Atilio test: prima facie case, irreparable harm, balance of convenience; monetary losses generally compensable by damages; interlocutory relief must not pre-empt main suit; capacity to sue issue raised but not formally decided.
|
27 September 2024 |
|
Pleadings can constitute notice by implication under s.68(b) Evidence Act, permitting admission of secondary documentary evidence.
Evidence Act (ss. 67, 68) – secondary evidence – admissibility requirements and the proviso to s.68. Notice to produce – when unnecessary: notice by implication arising from pleadings (s.68(b)). Documentary evidence – reliance on documents previously tendered in separate proceedings as basis for secondary evidence.
|
24 September 2024 |
|
Court may wind up a company on a bona fide special resolution and appoint the proposed liquidator.
Companies Act – Winding up – s.279(1)(a) – court-ordered winding up on special resolution – bona fide requirement against illegality or improper motive; Companies Act – Appointment of liquidator – s.294 – court may appoint liquidator proposed by petitioner; Voluntary winding up – advertisement and absence of objections; Necessity of liquidator to assume control to prevent standstill.
|
20 September 2024 |
|
Empanelment agreement valid but plaintiff failed to prove specific instruction, breach, or loss; suit dismissed, parties bear own costs.
• Contract law – validity of empanelment agreement; competency of signatories and ratification by addendum
• Contract performance – requirement of written letter of undertaking under agreement and effect of oral instructions
• Evidence – burden to prove contents of oral instruction and need for direct witness or corroborating documents
• Breach and causation – dormant empanelment requires proved specific instruction before liability for negligent valuation arises
• Remedies – failure to prove breach or loss defeats claims for compensation and interest
|
20 September 2024 |
|
Applicants’ demonstrated unit-title interests warranted release of the attached plot from execution.
Execution law – Objection under Order XXI Rules 57–59 CPC: requirement to show interest or possession at date of attachment; Unit Titles Act – statutory interests of unit owners in common property (including land); Registration of interests – registrable title persuasive but not invariably conclusive; Execution procedure – necessity to particularise unit titles in an execution application.
|
20 September 2024 |
|
Tanzanian court may grant interim injunctions in aid of foreign-seated arbitration and granted ex parte restraint on imports.
Arbitration — interim measures — jurisdiction of national courts to grant interim injunctions in aid of arbitration seated abroad — JALA s.2(3), Arbitration Act ss.51,7(3)(4) — party autonomy vs. facilitative role of forum courts — mareva-type injunction prior to commencement of arbitration — Atilio v Mbowe trinity applied.
|
19 September 2024 |
|
A foreign UAE judgment is enforced in Tanzania by an action on the debt with written evidence (witness statements) rather than a retrial.
Enforcement of foreign judgments – absence of reciprocal treaty – action on the debt at common law – procedure by written evidence (affidavits/witness statements) – witness statements admissible in lieu of affidavits – retrial barred by res judicata and forum-selection.
|
13 September 2024 |
|
A valid LCIA arbitration clause requires court referral to arbitration; court retains jurisdiction but enforces parties’ agreement.
Arbitration clause – choice of law and forum (English law; LCIA, London); enforcement of arbitration agreement by preliminary objection (Mukisa principle); Arbitration Act CAP 15 (R.E.2020) s.14 referral to arbitration; remedy for breach of arbitration agreement is enforcement/specific performance; referral disposes of domestic proceedings (distinct from stay under s.15).
|
13 September 2024 |
|
Electronic filing rules determine filing time; omission to sign or verify a defence is curable under the overriding objective.
Civil procedure – Preliminary objections – Time-bar – Electronic Filing Rules (GN No.148 of 2018) Rule 21 governs date/time of filing – electronic control number as evidence of filing time. Civil procedure – Preliminary objections – Mukisa principle: POs must be pure points of law free of factual disputes; disputes over service/filing timing require evidence, not PO. Pleadings – Order VI r.14 & r.15 CPC – omission of advocate's signature and verification are procedural irregularities not going to jurisdiction. Overriding objective / oxygen principle – procedural defects in pleadings are curable by amendment rather than striking out where no prejudice or jurisdictional defect exists.
|
13 September 2024 |
|
Court overruled jurisdictional and premature-execution objections, holding execution of a consent decree may proceed and factual disputes require evidence.
Civil procedure – Execution of decree – Execution of consent decree recorded in Deed of Settlement – Jurisdiction of court to execute its own decree (Order XXI, Rule 9). Civil procedure – Preliminary objection – Point of law must be based on ascertained facts; factual disputes (partial satisfaction, breach) are inappropriate for preliminary objection. Consent decrees – Setting aside consent decree requires separate proceedings and is not a prerequisite to execution except where decree validity is challenged on grounds like fraud or mistake.
|
13 September 2024 |