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The High Court Labour Division upheld a preliminary objection and struck out a veil-lifting application as premature because execution remedies against the company were not first exhausted.
The appellants breached the sale agreement by failing to release the certificate of title and not disclosing the encumbrances, making them liable for refund, interest, and costs as per the contract. The second appellant was personally liable due to his active role and signature as CEO. The interest rate was contractually agreed and not subject to court revision.
Source excerpt
The High Court upheld attachment of the applicant’s house in execution proceedings, holding the corporate veil was properly lifted and dismissing the objection.
High Court land appeal over an auction of disputed premises was dismissed. The court upheld that only property named in the execution order could be sold.
The High Court held that the plaintiff failed to prove ownership or development of the disputed property and dismissed her claims for damages and return of the building.
The contract is silent on the mode of interest; therefore, simple interest applies. The sum to be garnished is TZS 1,383,638,655.34 or USD 890,372.36. The application to lift the Garnishee Order Nisi fails, but the correct sum is clarified.
Source excerpt
The contract between the parties is silent on the application of compound interest; therefore, simple interest should apply in calculating the decretal sum. The application to lift the Garnishee Order Nisi fails, but the sum to be garnished is corrected to TZS 1,383,638,655.34 or USD 890,372.36 instead of the higher amount previously stipulated.
Source excerpt
The High Court held that goods supplied through the defendant’s employee bound the company, and ordered payment of the outstanding balance with interest and costs.
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