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Tanzania decisions
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The High Court held that the counter claim was res judicata because it sought to relitigate ownership and occupation of land already decided in Civil Case No. 72 of 1994.
The High Court found the mortgage over Plot No. 2146 lawful but held the auction was unlawful for lack of valid 14-day notice. The main suit was dismissed except for nullifying the auction.
The plaintiff defaulted on the loan secured by a mortgage; the mortgagee lawfully exercised its power of sale after due notice and absence of fraud or collusion. The auction was valid, and the 3rd defendant is a bona fide purchaser. The plaintiff failed to prove irregularities or fraud. The outstanding loan amount due to the 3rd defendant was TZS 6,408,461.50, not the higher amount claimed.
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The plaintiff breached the lease by failing to pay rent, became a trespasser after the lease was terminated, and was lawfully evicted. The 1st defendant is entitled to recover unpaid rent. The plaintiff is not entitled to any reliefs or compensation for eviction.
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The applicant demonstrated sufficient justification for leave to file a counter-claim after the written statement of defence, as the only remaining pleading is the defence, and the law allows further pleadings with leave of court. The alternative remedies suggested by the respondent do not preclude the applicant's right to seek leave. The application is merited and leave is granted.
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The Court of Appeal allowed a land appeal, holding that the High Court relied on an unadmitted lease and failed to follow third-party procedure, vitiating the trial.
The Court of Appeal dismissed both the appeal and cross-appeal in a bus sale dispute, holding that neither party proved its case on a balance of probabilities.
The High Court held that the counter-claim could proceed despite the main suit having been struck out and a notice of appeal pending.
The applicant failed to establish locus standi as the documents presented did not prove he was the administrator of the estate of the deceased named in the High Court proceedings. The application was therefore incompetent and struck out with costs.
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The High Court dismissed a review application in a commercial dispute, holding the complaints raised no obvious error on the face of the record and were really an appeal.
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