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Tanzania decisions
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The High Court held that the Registered Trustee of Tanzania Assembly of God proved ownership of the suit land and buildings at Gichameda, and ordered vacant possession. Damages were denied.
The High Court dismissed a petition challenging a 2015 mosque trustees election, holding the dispute was overtaken by events and that internal remedies were not exhausted.
All preliminary objections lacked merit as the verification issue required evidence, the court had jurisdiction at the time of filing, there is no statutory requirement for trustee resolution under the Trust Incorporation Act, and the cause of action issue was already determined and the court is functus officio.
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The respondent, as custodian of the bond proceeds, was not a party to the original suit and had no duty to comply with the decree without formal execution proceedings. The appellant failed to pursue available legal remedies, including garnishee orders and attachment before judgment, and did not implead Nasser. The respondent's delay was justified by ongoing investigations and absence of the original bond certificate. The appeal lacks merit and is dismissed.
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The High Court of Tanzania held that disputed CUF trustee appointments did not meet statutory requirements and partly allowed the petition, declining a permanent injunction.
The High Court held that shares in Gold Tree Tanzania Limited were held in trust for Gaslamp Holdings Corp, and awarded USD 5.1 million plus interest.
The plaintiffs, being ex-employees, were not beneficiaries under the Trust Deed at the time of the Trust's liquidation. The Trust Deed defined beneficiaries as current full-time employees, managers, or executive directors. The plaintiffs had exercised their one-off share options within the prescribed period and were not entitled to residual assets. The Trust, not the employees, was responsible for loan repayment. No breach or fraud by the defendants was established.
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The High Court allowed a probate appeal in part, holding that the respondent breached a trust by failing to account for sale proceeds from estate property and ordering repayment with interest.
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