Tanzania Case Law

LAND CASE NO 223 2022

Court

TANZLII

The Second Plaintiff did not apply for or receive subsequent loans beyond the initial TZS 250,000,000 facility; the First Plaintiff only guaranteed the initial loan. Subsequent loans and guarantees were orchestrated by the Third Defendant, who is liable for the outstanding debt. No fraud was proven against the Second Plaintiff or First Plaintiff. The First Defendant must discharge the mortgage and return the title deed to the First Plaintiff. Damages are denied due to lack of evidence of loss or suffering.

Source excerpt

• Loan agreements
• Mortgage
• Guarantee
• Fraudulent transactions
• Counterclaim
• Damages

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government of libya vs meis industries co ltd others 2014 tzhc 2015 18 november 2014

Court

TZHC

The court held that only allegations of extrinsic fraud can sustain a suit to set aside a prior judgment; the allegations in the plaint regarding lack of service, if proved, could constitute extrinsic fraud and require evidence, thus cannot be determined at the preliminary stage. The preliminary objections are overruled except for those relating to paragraph 8 of the plaint, which are struck out as they pertain to matters reserved for higher courts. The substitution of the plaintiff's name is allowed.

Source excerpt

• Setting aside judgments for fraud
• Jurisdiction
• Res judicata
• Functus officio
• Locus standi
• Substitution of parties

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alan ernestine 3 others vs johnson lukaza another 2005 tzhccomd 23 25 march 2005

Court

TZHCCOMD

The High Court found a gold-and-diamond transaction was a scam, ordered restitution of US$93,290.60 with interest, and rejected unproved special damages.

• Fraudulent misrepresentation
• Restitution
• Voidable contracts
• Specific and general damages
• Interest on decretal sum
• Fraudulent-misrepresentation

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