Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The defendant did not show sufficient cause for delay, but the plaintiff failed to provide proof of service of summons; without such proof, the court cannot grant the reliefs sought in the plaint. Therefore, the defendant is granted an extension of time to apply for leave to defend.
Source excerpt
The Court of Appeal held that the bank had no duty to avalise the bill, allowed recourse on dishonour, and ordered payment of the balance after set-off.
The appellant bank was solely liable for conversion of funds due to lack of good faith and negligence, and could not avail statutory protection; respondents were properly exonerated; omission to endorse exhibits did not occasion injustice and was not fatal.
Source excerpt
The applicant did not issue the dishonoured cheques forming the basis of the summary suit, and the letter of undertaking does not constitute a valid basis for summary procedure against the applicant; therefore, the applicant has disclosed a bona fide defence and is entitled to unconditional leave to defend.
Source excerpt
The High Court granted summary judgment for unpaid cheques, struck out a wrongly cited default judgment application, and allowed court-rate interest and costs.
The court held that a plaint cannot mix summary and ordinary claims. It struck out a wrongly cited default judgment application and granted summary judgment for dishonoured cheques.
A suit cannot be filed partly under summary procedure and partly under ordinary procedure in the same plaint endorsed 'Summary Procedure'. Only claims falling within Order XXXV (i.e., on dishonored cheques) can be entertained summarily; other claims must be disregarded. Application for default judgment was incompetent due to wrong citation of law. Summary judgment is entered only for the amount covered by dishonored cheques, with interest at court rate, not commercial rate, as no agreement for commercial interest existed.
Source excerpt
The High Court held a collecting bank liable for wrongful conversion after processing a cheque intended for the customs authority and crediting another customer.
Application for leave to defend under summary procedure dismissed after the court found no triable issues and entered judgment for the plaintiff.
High Court revision in a summary-suit cheque dispute. The court upheld the cheque debt, struck out damages and high interest, and confirmed dismissal of leave-to-defend relief.
Explore more
