Tanzania Case Law

reliance insurance company t ltd vs cma cgm societe anoyme and another 2023 tzca 205 27 april 2023

Court

TZCA

The High Court should enforce the parties' choice of forum clause in the Bill of Lading; Tanzanian courts have jurisdiction but must stay proceedings pending litigation in the chosen forum; Hamburg Rules are not directly applicable as they are not domesticated; filing a written statement of defence does not waive the forum exclusion clause in non-arbitration matters.

Source excerpt

• Jurisdiction
• Choice of forum
• Bill of lading
• Ratification and domestication of international conventions
• Sanctity of contract

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bassam company limited vs tanzania international container terminal services limited cosco shipping lines co ltd 2022 tzhc 11061 1 june 2022

Court

TZHC

The High Court struck out a cargo-damage suit after finding it had not exhausted TASAC dispute procedures and that the plaint was fatally defective.

• Jurisdiction
• Preliminary objection
• Negligence
• Pleadings
• Dispute resolution
• Res sub judice

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BAHARI FOOD LTD VS EXIM BANK T LTD COMM CASE NO

Court

TANZLII

Absence of a marine insurance policy issued by the insurer to the insured renders the marine insurance contract invalid and inadmissible in evidence under section 22 of the Marine Insurance Act 1906. Despite payment of premium and issuance of an interim cover note, no valid marine insurance contract existed at the time of the accident. Consequently, there was no breach of contract and no entitlement to reliefs claimed by the Plaintiff.

Source excerpt

• Marine insurance
• Insurable interest
• Agency
• Premium payment
• Breach of contract
• Evidence

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yusufu nyabunya nyatururya vs mega speed liners ltd another 2020 tzca 1892 14 december 2020

Court

TZCA

The Court of Appeal held that the appellant’s maritime lien claim against the second respondent was time-barred, and dismissed the appeal.

• Maritime lien
• Limitation period
• Joint and several liability
• Employment contract
• Salary arrears
• Maritime-lien

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20150520 TZHC Dar es Salaam2

Court

TZHC

The High Court dismissed a carriage-by-sea claim after finding the plaintiff had not proved the cargo was dangerous or that it caused the alleged fire and delay.

• Contract of carriage by sea
• Bill of lading
• Burden of proof
• Dangerous goods disclosure
• International conventions
• Carriage-by-sea

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N

Court

TZCA

The proceedings were a nullity because they were instituted before obtaining the required consent of the Director of Public Prosecutions, and because the trial court failed to take the pleas of the accused on their first appearance, both of which are incurable procedural defects.

Source excerpt

• Jurisdiction
• Consent to prosecute
• Arraignment procedure
• Exclusive economic zone
• Water pollution
• Deep sea fishing

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GLENCORE INTERNATIONAL AG VS T INTERNATIONAL CONTAINER TERMINAL SERVICES LTD COMM CASE NO

Court

TANZLII

The defendant received the six containers as evidenced by Equipment Interchange Receipts and invoices, but failed to load them onto the vessels, resulting in their loss. The defendant's failure to exercise proper care constituted a breach of contract, making it liable for the value of the lost cargo and general damages. The plaintiff, having been indemnified by its insurer and acting under subrogation, is entitled to recover the claimed amount and damages from the defendant.

Source excerpt

• Breach of contract
• Subrogation
• Carriage of goods by sea
• Negligence
• Damages

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20120223 TZHC Dar es Salaam1

Court

TZHC

The High Court convicted the captain and ship agent for illegal fishing in Tanzania’s EEZ and marine pollution, and ordered forfeiture of the vessel.

• Illegal fishing
• Marine pollution
• Exclusive economic zone (eez)
• Forfeiture of property
• Criminal liability of ship agents and crew
• Illegal-fishing

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HSU CHIN TAI AND ZHAO HANQUING

Court

TANZLII

The proceedings were a nullity because they were instituted before obtaining the DPP's consent as required by section 94(1) of the CPA, and because the trial court failed to take the pleas of the accused on their first appearance, both being incurable procedural errors.

Source excerpt

• Jurisdiction
• Consent to prosecute
• Arraignment procedure
• Deep sea fishing
• Marine pollution

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RAMADA INVESTMENT LTD VS PACIFICIC INTERNATIONAL LINESPTE LTD COMM CASE NO

Court

TANZLII

The preliminary objections on jurisdiction and limitation are not pure points of law as they require ascertainment of facts regarding the bill of lading and its terms; thus, they cannot be determined at this stage and must be resolved at trial. The suit against the second defendant, being a disclosed agent, cannot be maintained and is struck out with costs.

Source excerpt

• Jurisdiction
• Limitation of actions
• Preliminary objection
• Bill of lading
• Agency

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