Tanzania Case Law

efatha foundation limited versus diposit insurance board liquidator of efatha bank limited another 2023 tzhclandd 16611 28 june 2023

Court

TANZLII

The affidavit in support of the application is incurably defective because it was sworn by the advocate representing the applicant and contains substantive evidence establishing rights and liabilities, which is not permitted except in limited circumstances. The objection is sustained and the application is struck out.

Source excerpt

• Affidavit defects
• Advocate as witness
• Leave to sue liquidator
• Breach of lease agreement

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abubakar smarwilo others vs national insurance corporation others 2021 tzca 269 1 july 2021

Court

TZCA

The appellants' claim for salary arrears and terminal benefits arose from an obligation incurred before the date of the receiving order and thus constituted a provable debt in bankruptcy; therefore, leave of court was required under section 9(1) of the Bankruptcy Act before instituting the suit. The High Court erred in dismissing the suit instead of striking it out, but this did not affect the outcome of the appeal.

Source excerpt

• Requirement of leave to sue specified public corporation
• Provable debts in bankruptcy
• Debtor-creditor relationship
• Striking out vs dismissal of suit

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20111005 TZHC Dar es Salaam

Court

TZHC

The applicant's claim arose after the date of the receiving order and is not a debt provable in bankruptcy; therefore, leave to proceed is not required and the application is not maintainable.

Source excerpt

• Preliminary objection
• Debts provable in bankruptcy
• Receivership
• Execution of decrees

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ni c limited vs hernes mutatina 2009 tzhc 241 5 june 2009

Court

TZHC

High Court revision allowed after finding the subordinate court lacked jurisdiction over a suit against a specified public corporation under receivership.

• Jurisdiction of courts
• Revision powers of high court
• Public corporations as specified entities
• Receivership and bankruptcy proceedings
• Forgery and fraud in insurance claims
• Civil-procedure

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20080605 TZCA Dar es Salaam

Court

TZCA

A specified public corporation under receivership retains legal capacity to sue or be sued. Joinder of the PSRC as official receiver is not mandatory when the specified corporation initiates proceedings; thus, failure to join the PSRC does not render the appeal incompetent. The preliminary objection is without merit and is overruled.

Source excerpt

• Legal capacity of specified public corporations
• Joinder of parties
• Powers of official receiver
• Effect of receivership on legal proceedings

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20071114 TZHC Arusha

Court

TZHC

The proceedings in the trial court were a legal action by creditors (respondents) against a specified public corporation (appellant) in respect of a provable debt, and were commenced without leave of the High Court as required by section 9(1) of the Bankruptcy Ordinance as applied by section 43(1) of the Public Corporation Act. Therefore, the trial court lacked jurisdiction and the proceedings were illegal.

Source excerpt

• Public corporations
• Official receiver
• Bankruptcy proceedings
• Electricity supply
• Declaratory relief

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20070914 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed Bibiti Ginneries’ suit as time-barred and premature, while holding the pleading-signature defect could be cured by amendment.

• Limitation of actions
• Procedural defects in pleadings
• Jurisdiction of court
• Proof of debt in bankruptcy
• Limitation-of-actions
• Proof-of-debt

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fabiano m samo vs air tanzania corporation another 2005 tzhc 170 6 october 2005

Court

TZHC

The High Court at Mwanza granted leave to sue Air Tanzania Corporation and PSRC, holding that objections on res judicata and limitation should be tried in the main suit.

• Leave to sue public corporation
• Receiver liability
• Reorganization of public entities
• Res judicata
• Limitation of actions
• Leave-to-sue

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20050801 TZCA Dar es salaam

Court

TZCA

The right of appeal accrues upon lodging the notice of appeal under rule 76, not upon grant of leave to appeal. Section 5(2)(d) of the Appellate Jurisdiction Act, as amended by Act No. 25 of 2002, does not apply retrospectively to bar appeals where the right accrued before the amendment came into force.

Source excerpt

• Accrual of right of appeal
• Retrospective application of statutes
• Leave to appeal
• Preliminary objections

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j sangawe vs managing director others 2005 tzhc 164 8 july 2005

Court

TZHC

The High Court held that no leave was needed to sue TANESCO or join PSRC because the claim arose from a post-specification contract and was not provable in bankruptcy.

• Leave to sue specified public corporation
• Receivership
• Claims provable in bankruptcy
• Joinder of parties
• Leave-to-sue
• Specified-public-corporation

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