Tanzania Case Law

CFA MOTORS T LTD VS RAPHAEL LOGISTICS LTD COMM CASE NO

Court

TANZLII

The omission to file Kiswahili translations of English pleadings in matters involving finance and monetary affairs is not fatal where both parties are represented, all documents are in English, and no prejudice is caused to the defendant. The Commercial Court Rules and the Schedule to GN No. 66 of 2022 permit use of English in such cases.

Source excerpt

• Language of court proceedings
• Pleadings
• Interpretation of laws
• Sale of goods
• Contract law

Read case analysis

kilango semu mjema vs abdallah mohamed mnalidi 2023 tzhc 23903 14 december 2023

Court

TZHC

The High Court allowed a land appeal, held the appellant proved ownership of the disputed land, and restrained the respondent from interference.

• Customary rights of occupancy
• Sale of land
• Village land act
• Burden of proof
• Contract law
• Land-law

Read case analysis

Misc

Court

TANZLII

The application for certification on a point of law was filed within the prescribed 60-day limitation period, and a notice of appeal was properly filed before the application. The applicant raised legal issues concerning denial of costs, reliance on unadmitted exhibits, and contract law, which are points of law worth certification for appeal.

Source excerpt

• Certificate on point of law
• Limitation period
• Notice of appeal
• Costs
• Contract law

Read case analysis

acces microfinance bank t ltd vs prosper paul massawe 2 others 2022 tzhccomd 143 25 may 2022

Court

TZHCCOMD

The High Court held that a counterclaim arising from a 2013 breach was filed out of time in 2022 and dismissed it as time barred with costs.

• Limitation of actions
• Preliminary objection
• Counter claim
• Contract law
• Limitation-of-actions
• Preliminary-objection

Read case analysis

20170929 TZHC Dar es Salaam 3

Court

TZHC

The High Court dismissed a plaint after finding it did not disclose a cause of action against the defendant and lacked any legal relationship between the parties.

• Cause of action
• Preliminary objection
• Abuse of process
• Contract law
• Civil-procedure
• Cause-of-action

Read case analysis

edna john mgeni vs national bank of commerce limited others 2015 tzhccomd 22 6 november 2015

Court

TZHCCOMD

The High Court dismissed a counterclaim against NBC and Mbeya Cement as time barred, holding the claims arose between 2006 and 2009 but were filed in 2015.

• Limitation of actions
• Counterclaims
• Summary procedure
• Contract law
• Limitation-of-actions
• Summary-procedure

Read case analysis

N

Court

TANZLII

The court upheld Mbeya Cement’s limitation objection and dismissed the counterclaim against it, but rejected NBC’s preliminary objections and allowed those claims to proceed.

• Limitation of actions
• Counterclaims
• Preliminary objections
• Contract law
• Limitation-of-actions
• Preliminary-objections

Read case analysis