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Tanzania decisions
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The defendant failed to apply for leave to defend as required by Order XXXV, thus admitting the plaintiffs' claims. The plaintiffs are entitled to the reliefs sought for breach of lease agreement.
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The affidavit in support of the application is incurably defective because it was sworn by the advocate representing the applicant and contains substantive evidence establishing rights and liabilities, which is not permitted except in limited circumstances. The objection is sustained and the application is struck out.
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The High Court dismissed an application for interim injunction, finding the applicants had not proved irreparable loss or balance of convenience.
The respondent breached the lease agreement by vacating the premises before the end of the contractual period without paying the outstanding rent and 50% of service charges as stipulated in the contract. The High Court erred in considering unpleaded matters and in failing to award the contractual remedies. The lease agreement was valid and admissible despite late payment of stamp duty.
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Leave of the court is not required to sue the Deposit Insurance Board for debts incurred after the receiving date in its own capacity as liquidator, as such debts are not provable debts under the liquidation process and the statutory provisions cited do not apply.
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Appellant failed to prove entitlement to construction costs or compensation for three frames. Lease agreement only entitled appellant to refund of rental money and equal compensation for breach. Tribunal erred in awarding compensation beyond contract period; correct award is refund and compensation for paid months only.
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High Court land appeal over breach of an oral lease agreement was dismissed. The court upheld damages awarded for special and general loss.
The High Court held that the defendant’s alleged rent default was a continuing breach, so the commercial suit was not time-barred and could proceed.
The High Court held that the landlord breached a 33-year lease by raising rent before the five-year review period and by advertising the farm without the required six-month notice.
The High Court’s Land Division dismissed a lease-breach suit as time barred, holding the cause of action accrued in 1999 and the 2018 filing was out of time.
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