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Tanzania decisions
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Plaintiff established existence of loan agreement and defendant's default; evidence and pleadings proved claims on balance of probabilities, entitling plaintiff to all reliefs sought.
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The dispute was resolved by consent, with the terms of the deed of settlement recorded and a decree entered accordingly.
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The plaintiff proved existence of a contract, payment, and non-delivery of equipment by defendants. Defendants breached contract terms, causing financial loss and business disruption. Plaintiff is entitled to specific and general damages, interest, and costs.
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The appellant failed to prove on balance of probabilities that the respondent owed and breached a duty of care, or that the breach caused actionable injury. The evidence did not substantiate the claims, and the burden of proof was not discharged.
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The deed of settlement reached by the parties through mediation is lawful and satisfies the requirements of Order XXIII rule 3 of the Civil Procedure Code; it is therefore recorded and adopted as the consent judgment, marking the matter as settled.
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The court adopted the deed of settlement reached through mediation, marking the claims wholly settled and ordering payment as agreed.
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The preliminary objections raised are not pure points of law as they require evidence to ascertain compliance with dispute resolution procedures; sections 233 and 234 of Companies Act are not applicable as the dispute is for payment of commitment fees, not company affairs; all preliminary objections are dismissed.
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The court adopted the deed of settlement as a consent judgment, ordering payment of TZS 1,477,070,000/= by plaintiffs to defendant, release of mortgaged properties upon payment, and waiver of further claims or appeals by all parties.
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The High Court partly allowed a bank’s claim on an overdraft facility, awarding Tshs. 200 million principal and Tshs. 10 million general damages, but rejecting higher and cheque-based claims.
The High Court sustained a preliminary objection, holding the suit premature because the arbitral award had not been registered and no decree had issued.
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