Tanzania Case Law

BAKWATA

Court

TANZLII

The respondent failed to prove fraudulent misrepresentation or lack of authority of the signatories to the settlement agreement. The settlement agreement was validly executed, payment of TZS 330,000,000/= was acknowledged, and the agreement constituted full satisfaction and adjustment of the decree. The application under Order XXI Rule 2(2) was proper, and the payment must be recorded and certified as extinguishing the decree.

Source excerpt

• Adjustment of decree
• Settlement agreement
• Fraudulent misrepresentation
• Execution of decrees

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MS

Court

TANZLII

Payments totaling TZS 77,635,000/= made by the judgment debtor after the settlement were for satisfying the remaining part of the agreed settlement amount, and are certified as satisfied. The outstanding amount is TZS 7,365,000/= only, for which garnishee order absolute is issued.

Source excerpt

• Execution of decree
• Settlement agreement
• Garnishee proceedings
• Adjustment of decree

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d b shapriya co ltd 4 others vs barclays bank t ltd 2023 tzhccomd 222 12 july 2023

Court

TZHCCOMD

Application for leave to appeal dismissed after the High Court found no arguable issues arising from execution proceedings and related complaints.

• Leave to appeal
• Execution of decree
• Valuation report
• Adjustment of decree
• Moratorium period
• Leave-to-appeal

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junaco t limited others vs equity bank t limited 2023 tzhclandd 16497 28 april 2023

Court

TANZLII

The Court held that the respondent is estopped from denying the payments made and the adjustment of the consent decree, as the parties' conduct and correspondence evidenced compromise and partial satisfaction. The applicants are obliged to pay the remaining balance to fully satisfy the decree.

Source excerpt

• Consent decree
• Adjustment of decree
• Promissory estoppel
• Sanctity of contract
• Certification of payments

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commercial bank of africa tanzania ltd vs ms shekha nassor 2022 tzhccomd 352 15 november 2022

Court

TZHCCOMD

The High Court extended time for filing a deed of adjustment of decree and ordered the decree holder to show cause over alleged payment and satisfaction of the decree.

• Extension of time
• Adjustment of decree
• Satisfaction of decree
• Execution of judgment
• Extension-of-time
• Decree-satisfaction

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insight security services limited vs tanzania zambia railway authority 2022 tzhc 11023 29 july 2022

Court

TZHC

The court found the deed of settlement to be in order and, based on certification of partial payment, adjusted the decree as per the settlement terms.

Source excerpt

• Execution of decree
• Adjustment of decree
• Settlement agreement

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irene madeja mlola vs masudi iddi shomari 2020 tzhclandd 2235 7 september 2020

Court

TANZLII

The High Court of Tanzania adjusted a satisfied land decree by consent and ordered the land register entry transferring the property to be struck off.

• Adjustment of decree
• Land ownership
• Execution of judgment
• Land register correction
• Decree-adjustment
• Land-register-correction

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20020214 TZHC Mwanza

Court

TZHC

The court held that the payment certified under Order XXI rule 2(2) and the agreement between the parties constituted an adjustment of the decree, extinguishing the remaining liability. The decree holder's failure to appear and contest at the appropriate time precluded further execution.

Source excerpt

• Execution of decree
• Adjustment of decree
• Waiver of interest
• Agency in negotiations

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20010123 TZHC Dar es Salaam

Court

TZHC

The High Court struck out late written submissions and dismissed an application to record payment and adjustment of a decree, holding it was time barred.

• Execution of decree
• Limitation of actions
• Adjustment of decree
• Memorandum of understanding
• Civil-procedure
• Execution-of-decree

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