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Tanzania Case Law

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Land law JUDGMENT MWAJI GROUP LTD VS CRDB BANK

JUDGMENT MWAJI GROUP LTD VS CRDB BANK

Court
TANZLII

The consent judgment was set aside on the ground of fraud because the 3rd defendant, who signed the deed of settlement on behalf of the plaintiff, was not a director, secretary, or principal officer duly authorized to bind the company. There was no evidence of authority, and acts by unauthorized persons cannot bind the company. Fraud was thus established, rendering the consent judgment void ab initio.

Source excerpt

  • Consent judgment
  • Fraud
  • Company representation
  • Authority of company officers
  • Setting aside judgments
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Company law SOKOINE F OTONDE Vs

SOKOINE F OTONDE Vs

Court
TANZLII

The 1st respondent, having been fully represented as director and having conceded to the 2nd respondent's representation in court, cannot later object to the representation as it constitutes an afterthought. The complaint lacks merit and is dismissed.

Source excerpt

  • Unfair prejudice
  • Company representation
  • Board resolution
  • Conflict of interest
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Civil procedure whet company limited vs village amani limited 2023 tzhclandd 17021 12 october 2023

whet company limited vs village amani limited 2023 tzhclandd 17021 12 october 2023

Court
TANZLII

The High Court of Tanzania’s Land Division overruled a preliminary objection challenging a joint defence to a counterclaim, finding it unmerited and raised in bad faith.

  • Preliminary objection
  • Pleadings
  • Company representation
  • Court orders
  • Preliminary-objection
  • Company-representation
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Civil procedure attorney general of rwanda v union trade centre and others application 4 of 2021 2022 eacj 27 30 august 2022

attorney general of rwanda v union trade centre and others application 4 of 2021 2022 eacj 27 30 august 2022

Court
EACJ

The application was an abuse of court process because the issue of representation had already been determined by the Trial Court in Application No. 24 of 2020, which was not appealed. The Applicant was estopped from raising the same issue by motion. The liquidation process did not affect the ongoing proceedings in which the company was not a debtor, and the cited insolvency law did not apply to the present circumstances.

Source excerpt

  • Company representation
  • Liquidation and legal standing
  • Abuse of court process
  • Jurisdiction of regional courts
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Contract law CIVIL APPEAL NO 19 OF 2021 KAFOI ESTATE LIMITED VS ELIA JOHNSON KIWIA ta Kiwai agrovet

CIVIL APPEAL NO 19 OF 2021 KAFOI ESTATE LIMITED VS ELIA JOHNSON KIWIA ta Kiwai agrovet

Court
TANZLII

The agreement dated 8/2/2013 was valid and binding as it was signed by an authorized agent in the presence of the appellant's director, and the appellant ratified it by making payments. The respondent is entitled to simple interest at 5% per month on the outstanding amount from the date of default to the date of judgment, and 7% per annum thereafter, but not to compound interest as the agreement did not expressly or impliedly provide for it.

Source excerpt

  • Enforcement of contracts
  • Company representation
  • Interest on judgment debts
  • Authority of agents
  • Damages for breach of contract
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Civil procedure 20180614 TZCA Dar es Salaam

20180614 TZCA Dar es Salaam

Court
TZCA

The requirement for a company resolution under Rule 30(3) does not apply when the company is defending its interests after being affected by a decision, rather than commencing proceedings. Therefore, the preliminary objection is overruled.

Source excerpt

  • Company representation
  • Court procedure
  • Restoration of application
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Civil procedure 20171124 TZHC Dar es Salaam 1

20171124 TZHC Dar es Salaam 1

Court
TZHC

The trial court erred in dismissing the application for being supported by a defective affidavit; the proper remedy was to strike out the application, allowing the applicant to rectify the defects and refile. Dismissal was improper as the matter had not been determined on merit.

Source excerpt

  • Affidavit defects
  • Jurisdiction
  • Company representation
  • Revisionary powers
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Civil procedure mwananchi insurance company ltd vs commissioner for insurance 2016 tzhccomd 2045 27 june 2016

mwananchi insurance company ltd vs commissioner for insurance 2016 tzhccomd 2045 27 june 2016

Court
TZHCCOMD

The question of whether the deponent was authorized is a factual matter requiring evidence and cannot be raised as a preliminary objection on a point of law; thus, the preliminary objection is overruled.

Source excerpt

  • Preliminary objection
  • Affidavit authorization
  • Extension of time
  • Company representation
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.