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Tanzania decisions
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The High Court dismissed a pharmacy owner’s claim that closure of his shop was unlawful, finding he failed to renew his permit and meet regulatory conditions.
Plaintiff was duly served with statutory notice, sale price was above market value per latest valuation, auctioneer lacked valid license at time of sale but procedures were substantially adhered to, and fourth defendant was bonafide purchaser; plaintiff failed to prove breach or corruption.
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Second appeal over a loan dispute in which the High Court upheld liability for the principal sum admitted by the appellant, but refused interest.
The appeal fails because the appellant did not accept the offer for alternative land, failed to strictly prove special damages, and the trial court's award of general damages was not shown to be based on incorrect principles or misinterpretation of evidence. The trial court correctly rejected the claim for specific performance and special damages, and the general damages award stands.
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The 1st Defendant held valid business and banking licences at the material time, and any lapse in annual renewal did not void the contract. The plaintiff and 2nd defendant, having received and benefited from the loan, are liable to repay it. Unjust enrichment principles prohibit retaining the loan without repayment. The main suit is dismissed, and the counterclaim for the outstanding loan amount is granted.
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The 1st Defendant possessed valid licences from the Bank of Tanzania and Ministry of Industries and Trade at the relevant time; the contract was not void ab initio. Plaintiff and 2nd Defendant breached their obligations under the mortgage and loan agreements and are liable to repay the outstanding loan amount and interest. Unjust enrichment principles require repayment of the loan received.
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The High Court allowed a civil appeal, holding that an unlicensed, unregistered group could not lawfully carry on lending business, making the loan agreement unenforceable.
The High Court quashed convictions for defective charges and vague particulars, holding the prosecution failed to prove the case beyond reasonable doubt.
The High Court of Tanzania awarded damages for misfeasance in public office after a district council unlawfully refused a business licence, causing loss of mill earnings.
The High Court dismissed Moshi Textiles Ltd’s application for certiorari and mandamus, holding that statutory notice requirements for property tax were met.
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