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Tanzania decisions
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The High Court dismissed an objection to sale in execution, holding that the applicant was a party to the consent decree and could not stop attachment of his property.
The High Court Commercial Division dismissed a stay of execution application as time barred under the Law of Limitation Act, with each party bearing its own costs.
The High Court granted Tanzania Mortgage Refinance Co. Ltd an additional 90 days to complete a share issuance exercise after it missed the original deadline.
The appellant's failure to object to the exhibits at trial, including those bearing the name 'Eden Park', and the documentary evidence on record, justified the trial court's finding that the respondent proved her case on a balance of probabilities. The trial court's decision to hold the appellant liable for TZS 606,733,080.00 was supported by the evidence, and the appeal lacked merit.
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The parties freely entered into a deed of settlement resolving the dispute, specifying the amount, payment schedule, and waiving further claims, thus warranting entry of a consent judgment and decree as per the agreed terms.
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The court held that since objection proceedings regarding the property are pending and the hearing date is imminent, maintaining the status quo would not cause undue injustice to the respondents. Therefore, the applicant's prayer for interim protection of the property was granted.
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The court found that the parties negotiated and agreed to a rate of USD 3.99 per kilogram via email, which was binding under the Electronic Transactions Act. The defendant's failure to pay the outstanding amount at this rate constituted a breach of contract. The defendant's reliance on a standard quotation was rejected as the specific transaction was governed by the separately negotiated rate.
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The applicant satisfied the conjunctive conditions under Rule 11(5) of the Court of Appeal Rules, 2009 by demonstrating potential substantial loss and undertaking to provide a bank guarantee as security; therefore, stay of execution is granted pending appeal.
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The suit is compromised and settled by consent pursuant to the Deed of Settlement, with the Defendant acknowledging liability for the statutory levy, partial payments made, and the balance to be paid by a specified date, with all other claims waived.
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The subordinate court lacked jurisdiction to entertain the suit and grant interim orders while a petition to revoke the arbitration clause was pending in the High Court, as the contract required disputes to be resolved by arbitration and the High Court had not yet granted leave to proceed in the classical court. The preliminary objections raised by the respondent were without merit.
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