Tanzania Case Law

cereals and other produce of board of tanzania vs monaban trading farming company limited 2022 tzhccomd 266 2 september 2022

Court

TZHCCOMD

The Sole Arbitrator lacked substantive jurisdiction because the underlying Milling Agreement, including the arbitration clause, was void for want of capacity as required by section 40A(1)(m) of the Public Corporation Act, Cap.257 [R.E 2002]. Consequently, the arbitral award is invalid and must be set aside in whole.

Source excerpt

• Jurisdiction of arbitrator
• Validity of arbitration agreement
• Capacity to contract
• Serious irregularity in arbitration
• Setting aside arbitral award

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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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20181026 TZHC Dar es Salaam

Court

TZHC

The court found that due to statutory transfers of assets and liabilities from PSRC to CHC and then to Treasury Registrar, and the operation of law, Treasury Registrar is properly joined as a party for execution of the decree against Tanzania Shipping Line Co Ltd under Receivership.

Source excerpt

• Joinder of parties
• Execution of decree
• Transfer of assets and liabilities

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20090603 TZHC Dar es Salaam

Court

TZHC

The High Court granted leave to sue a public corporation and the Parastatal Sector Reform Commission, noting no objection from the respondents.

• Leave to sue public corporation
• Procedure for instituting suit
• Costs of application
• Leave-to-sue-public-corporation
• Civil-procedure
• Public-corporations

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tropical commodities ltd vs cashew nut board of tanzania another 2008 tzhc 285 28 may 2008

Court

TZHC

The requirements of the Bankruptcy Act and its rules regarding proof of debts by affidavit do not apply to specified public corporations that are not undergoing liquidation but are being restructured or privatized. The Companies Act and its winding up rules only apply when the corporation is in liquidation, not during privatization. Therefore, the preliminary objections raised by the 2nd defendant lack merit.

Source excerpt

• Jurisdiction
• Preliminary objection
• Bankruptcy act
• Companies act
• Official receiver
• Liquidation

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20051006 TZHC Mwanza

Court

TZHC

The High Court of Tanzania granted leave to sue Air Tanzania Corporation and the PSRC, treating objections on res judicata and limitation as issues for the main suit.

• Leave to sue specified corporation
• Receiver liability
• Res judicata
• Limitation of actions
• Bankruptcy
• Public-corporations

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bernard malinga vs presidential parastatal sector reform commission psrc another 2003 tzhc 110 14 november 2003

Court

TZHC

The High Court struck out an application for leave to sue a specified public corporation, holding it was premature because the applicant had not first proved the claim as required by law.

• Leave to sue public corporation
• Proof of debt
• Prematurity of suit
• Leave-to-sue-public-corporation
• Proof-of-debt
• Prematurity-of-suit

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19970807 TZHC Dar es Salaam 1

Court

TZHC

The High Court granted leave to sue the Parastatal Sector Reform Commission, holding that the statutory receiver could not be sued without court leave.

• Leave to sue official receiver
• Statutory receivership
• Creditor rights
• Bankruptcy
• Public-corporations
• Leave-to-sue

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