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Tanzania decisions
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The High Court held that Eric Kabendera’s claim against Vodacom was a civil tort claim filed out of time and dismissed it as hopelessly time barred.
The High Court overruled a preliminary objection in part, holding that the notice-to-serve issue to the Solicitor General needed evidence, while the presence of NIDA and the Attorney General brought the suit within the court's jurisdiction.
The High Court struck out a suit over alleged SIM swap and bank-funds loss, holding the plaintiff should first have used TCRA and Bank of Tanzania complaint procedures.
Appeal is incompetent for want of leave to appeal as required by section 5(1)(c) of the Appellate Jurisdiction Act; constitutional right of appeal does not override statutory procedural requirements.
Source excerpt
The Court of Appeal allowed Vodacom’s appeal, holding the M-Pesa suspension was justified and that defamation was not proved.
The trial court lacked jurisdiction because the dispute fell within the special forum established by sections 40 and 41 of the Act, and no evidence was provided that remedies were unavailable in that forum.
Source excerpt
The High Court dismissed a preliminary objection, holding that telecom complaint procedures did not oust its jurisdiction over alleged breach of secrecy and privacy.
The High Court granted a temporary injunction preserving disputed frequency spectrum rights pending trial, finding serious issues, irreparable harm, and balance of convenience.
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