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Tanzania decisions
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The High Court dismissed a civil appeal over alleged land-sale payments, holding that the appellant lacked locus standi because the money was said to belong to a company.
The Respondent State violated Articles 4, 7(1)(a), 16, 24, and 9(1) of the African Charter by failing to prevent the dumping of toxic waste, inadequately investigating and prosecuting those responsible, failing to provide effective remedies and compensation to all victims, not ensuring adequate medical care and information, and not fully remediating the environmental damage. The State’s actions and omissions breached its obligations to respect, protect, and fulfil the rights to life, health, environment, information, and effective remedy. The compensation programme and remedial measures were…
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Default judgment in a commercial contract dispute. The High Court found the 1st defendant breached three construction contracts and awarded Tshs. 123,962,000 plus 7% interest.
The High Court cannot grant a stay of execution where only an application for extension of time to file a revision is pending; there must be a pending appeal or revision for stay to be considered.
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The High Court dismissed a health services payment claim after finding the plaintiff failed to prove the debt, the contract breach, or a transfer of Medex liabilities to Prosperity.
The plaintiff failed to prove existence of a valid contract, either oral or written, between itself and the defendants; documentary evidence did not establish contractual privity or direct involvement of defendants; absence of key witnesses and inconsistencies in pleadings and evidence precluded liability; therefore, no breach or entitlement to relief.
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The appellant was required to sue CCM Sinza 'D' Branch, not the individual respondents, as the respondents acted as agents or employees of CCM Sinza 'D' Branch in seizing the appellant's property. The preliminary objection was a pure point of law as it concerned the proper party to sue.
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The High Court held that MIC Tanzania Limited was bound by letters of undertaking signed by its managers and was liable for unpaid loan balances and interest.
The court is not functus officio in execution matters and retains jurisdiction to entertain execution applications. The circumstances of the case, including the company's disposal of assets to obstruct execution and the managing director's admission that the money was stolen by staff, justify lifting the corporate veil. Therefore, the managing director can be ordered to appear and show cause why he should not be committed to civil prison.
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There was reasonable and probable cause for the plaintiff's prosecution based on the evidence of stolen cables supplied by his company, and no malice was established. The defendants acted upon their duty to report the incident and did not initiate prosecution without grounds.
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