summary judg
Defendant failed to raise triable issues; summary judgment entered as allegations deemed admitted under Order XXXV Rule 2(2).
Source excerpt
- Summary judgment
- Water utility bills
- Interest on debts
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maswi driling coltd vs chato district council and another 2023 tzhc 16555 5 april 2023
The suit was struck out because the plaintiff failed to comply with the mandatory legal requirement to serve a 90 days' notice of intention to sue upon the defendants and Solicitor General, and no evidence of service was provided in the pleadings or annexures.
Source excerpt
- Preliminary objection
- Notice of intention to sue
- Government proceedings
- Local government liability
20200619 TZHC Dar es Salaam
The High Court dismissed a claim for unpaid gratuity, holding the plaintiff failed to strictly prove the alleged balance and supporting exchange-rate evidence.
- Terminal benefits
- Gratuity payment
- Exchange rate application
- Special damages
- Burden of proof
- Special-damages
registered trustees of vignan educational foundation bangalore india another vs national development corporation others 2018 tzhclandd 33 27 february 2018
The High Court Land Division dismissed IMTU’s suit over leased premises in Dar es Salaam and upheld NDC’s counterclaim for rent arrears, finding no breach or lease extension.
- Lease agreements
- Memorandum of understanding
- Eviction
- Rent arrears
- Indemnification
- Adverse possession
permanent secretary ministry of water and irrigation vs mega builders ltd 2015 tzhccomd 2104 7 october 2015
The court found that the arbitration clause covered disputes between the parties, including termination, and the petitioner failed to prove otherwise. The Attorney General's full participation in the arbitration satisfied statutory requirements, despite not formally signing the submission. No evidence of arbitrator misconduct or improper procurement was shown. The grounds for setting aside the award under Section 16 of the Arbitration Act were not met. The petition was dismissed with costs.
Source excerpt
- Setting aside arbitral awards
- Jurisdiction of arbitrator
- Government proceedings act compliance
- Contract termination
- Costs in arbitration
THE PERMANENT SECRETARY MINISTRY OF WATER IRRIGATION AND MEGA BUILDERS LTD MISC
The court found there was an arbitration clause covering disputes, including termination, and both the Ministry and Attorney General participated fully in arbitration proceedings. No evidence of arbitrator misconduct or improper procurement was established. The omission to state the Attorney General as a party did not invalidate the proceedings, as he was actively involved throughout. The award was properly procured and the petitioner's grounds failed for lack of proof.
Source excerpt
- Arbitrator jurisdiction
- Government proceedings
- Contract termination
- Award enforcement
- Misconduct
- Costs assessment
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