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Tanzania decisions
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The High Court dismissed an appeal over unpaid agency commission, holding the appellant bore the burden on client payment and that no prejudice arose from lack of Kiswahili translation.
The High Court set aside the lower courts’ decisions after finding the primary court proceedings were a nullity because some defendants were not properly heard.
The court found that the deed of settlement filed by the parties met the legal requirements for a consent judgment under Order XXIII Rule 3 of the Civil Procedure Code, and accordingly adopted and recorded the settlement as the judgment of the court, marking the suit as settled on agreed terms.
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The defendant was grossly negligent and failed to file the Written Statement of Defence within the statutory and extended periods. The court's discretion to extend time is limited by the Civil Procedure Code, and the defendant's delay of approximately 110 days is inordinate. Therefore, the defendant forfeited the right to file the defence, and the matter must proceed ex-parte.
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The court entered judgment based on the parties' consent and settlement agreement, marking the suit as settled and recording the terms as a decree.
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The High Court entered a consent judgment settling a contract dispute, ordering the defendant to pay TZS 85 million by instalments with security and default remedies.
The High Court dismissed a civil appeal over a timber supply dispute, upholding the trial court’s decision that the appellant failed to prove her claim and that the respondent proved his counterclaim.
High Court appeal over refund of land-sale money dismissed. The court held the claim was for repayment after rescission, not land ownership, and res sub judice did not apply.
The High Court found the defendants misrepresented a mortgaged property sold at auction, making the contract voidable and awarding refund, damages, interest, and costs.
The High Court’s Land Division held the defendant breached a sale agreement for a residential licence but ordered only a refund of TZS 50,000,000; the third party was exonerated.
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