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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nahdi crusher company ltd vs diamond services ltd 2022 tzhccomd 398 12 october 2022

Court

TZHCCOMD

The High Court held the shipping agent negligent for misplacing delivery details in the bill of lading, awarding demurrage-related compensation, general damages, interest, and costs.

• Negligence
• Bill of lading
• Demurrage charges
• Damages
• Shipping contracts
• Bill-of-lading

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insignia ltd vs cma cmg t ltd 2019 tzhccomd 132 2 april 2019

Court

TZHCCOMD

The High Court held a shipping agent personally liable for customs-related penalties from wrong declaration of goods, but rejected general damages.

• Agent liability
• Wrong declaration of goods
• Bill of lading
• Customs penalties
• Damages
• Interest on judgment debt

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20161101 TZHC Dar es Salaam

Court

TZHC

The High Court of Tanzania dismissed an injunction application over a bill of lading for sesame seed cargo, finding the applicant had not met the legal test.

• Interlocutory injunction
• Attachment before judgment
• Contractual obligations
• Bill of lading
• Interlocutory-injunction
• Attachment-before-judgment

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20160526 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a cargo-clearance claim after finding the plaintiff failed to present the original Bill of Lading and did not prove fraud or collusion.

• Carriage of goods
• Bill of lading
• Agency
• Auction of goods
• Fraud
• Burden of proof

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shabbir moosa vs inchcape shipping services another 2016 tzhc 2031 26 may 2016

Court

TZHC

The High Court of Tanzania dismissed a cargo-clearance claim, finding the plaintiff failed to present the original Bill of Lading and did not prove fraud by the defendants.

• Bill of lading
• Carriage of goods
• Breach of contract
• Fraud
• Auction of goods
• Bill-of-lading

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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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SHABBIR MOOSA VS INCHCAPE s COMM CASE NO

Court

TANZLII

The plaintiff was required to present the original Bill of Lading to the 1st defendant for clearance of the consignment but failed to do so. There was no sufficient evidence of fraud or collusion by the defendants. The plaintiff's failure to comply with the mandatory procedure and lack of proof of fraud or wrongful act by the defendants meant he had no valid claim. The suit was dismissed for want of merit.

Source excerpt

• Carriage of goods
• Bill of lading
• Breach of contract
• Fraud
• Auction of goods
• Customs procedure

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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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prime aloyce vs malawi cargo centres ltd 2010 tzhccomd 21 30 september 2010

Court

TZHCCOMD

The High Court held that a bill of lading is not conclusive proof of ownership and ordered release of the cargo to the plaintiffs, with reduced damages.

• Bill of lading
• Ownership of goods
• Cargo handling
• Damages for loss of profit
• Customs law
• Bill-of-lading

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