Tanzania Case Law

MCA 32571 PRESTIGE VS STANDARD

Court

TANZLII

The subordinate court lacked jurisdiction to entertain the suit and grant interim orders while a petition to revoke the arbitration clause was pending in the High Court, as the contract required disputes to be resolved by arbitration and the High Court had not yet granted leave to proceed in the classical court. The preliminary objections raised by the respondent were without merit.

Source excerpt

• Jurisdiction
• Arbitration clause
• Injunctions
• Abuse of process
• Preliminary objections

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JUDGMENT OF PHOENIX INSURANCE COMPANY FINAL

Court

TANZLII

The arbitration clause in the insurance policy was not binding as it required further consent and no steps were taken to initiate arbitration; thus, the trial court had jurisdiction. Driving without a valid licence did not void the insurance contract as no negligence was proved. Non-disclosure of another insurance policy did not affect indemnity but would only affect apportionment between insurers. The award of general damages by the trial court was excessive and not justified; it was reduced to a reasonable amount.

Source excerpt

• Insurance indemnity
• Arbitration clause
• General damages
• Non-disclosure
• Driving licence validity
• Jurisdiction

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TAN FRECO CONTRACTORS LTD VS HOME INVESTMENT CORP

Court

TANZLII

The suit is struck out because the verification clause in the plaint is defective, lacking date and place, and no leave to amend was sought; the court cannot excuse such defect where legal representation was engaged.

Source excerpt

• Arbitration clause
• Jurisdiction
• Verification clause
• Striking out pleadings

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goodluck patrice ngimba vs the republic 2023 tzhclandd 17023 13 october 2023

Court

TANZLII

The conviction and sentence were quashed because the charge sheet was fatally defective, failing to specify the correct date and particulars of the offence, which prejudiced the appellant's ability to mount a proper defence.

Source excerpt

• Defective charge sheet
• Variance between charge and evidence
• Stealing by agent
• Compensation order
• Civil remedy
• Arbitration clause

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bernard bougault another vs moeiz harari 2 others 2023 tzhclandd 16942 29 september 2023

Court

TANZLII

The applicants failed to demonstrate good cause for the delay as the alleged illegality was not apparent on the face of the record, the arbitration clause was not invoked at the appropriate time, and the claims fell within the DLHT's jurisdiction. The application was dismissed for lack of merit.

Source excerpt

• Extension of time
• Jurisdiction
• Arbitration clause
• Consent judgment
• Lease agreement

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wellworth hotels lodges limited another vs enterprises tanzania limited 2023 tzca 17497 11 august 2023

Court

TZCA

The Court of Appeal held that the arbitration clause issue was properly before the trial court because it was pleaded and supported by evidence.

• Arbitration clause
• Right to be heard
• Pleadings
• Striking out suit
• Exhaustion of remedies
• Arbitration-clause

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gold africa limited vs reef gold reef limited 3 others 2023 tzhccomd 245 21 july 2023

Court

TZHCCOMD

The High Court struck out Gold Africa Limited’s petition, holding that the dispute fell under an arbitration clause in the parties’ Joint Venture Agreement.

• Jurisdiction
• Arbitration clause
• Unfair prejudice
• Joint venture agreement
• Arbitration-clause
• Joint-venture-agreement

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ernest magesa ta crucial estates limited 2 others vs nivance godfrey urio 2 others 2023 tzhclandd 16634 27 june 2023

Court

TANZLII

The High Court struck out an application to stay land proceedings pending arbitration, holding that it was brought under the wrong provision of the Arbitration Act.

• Stay of proceedings
• Jurisdiction
• Arbitration clause
• Wrong citation of law
• Stay-of-proceedings
• Arbitration

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the registered trustee of cornelius christian aid to churches and needy fountation vs equity bank tanzania limited 2023 tzhclandd 16581 23 june 2023

Court

TANZLII

The High Court struck out a land suit for misjoinder of causes of action, holding that lease-based and loan-based claims were distinct and could not be joined.

• Misjoinder of cause of action
• Jurisdiction
• Arbitration clause
• Misjoinder-of-causes-of-action
• Arbitration-clause
• Land-dispute

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gold africa ltd vs eb hance co ltd 2 others 2023 tzhccomd 190 9 june 2023

Court

TZHCCOMD

The court lacks jurisdiction to entertain the application because the Joint Venture Agreement between the applicant and the 1st respondent contains a binding arbitration clause requiring disputes to be resolved by arbitration, and there is no evidence that arbitration has been conducted.

Source excerpt

• Jurisdiction
• Arbitration clause
• Preliminary objection
• Privity of contract

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