Tanzania Case Law

yapi 79

Court

TANZLII

Leave to defend is granted because the applicant has established a triable issue regarding the amount of unremitted contributions due, as partial payments are not expressly disputed by the respondents. The suit was properly instituted under summary procedure since unremitted NSSF contributions are debts due to the Government. The applicant's alleged counterclaim is not a valid ground for leave as it does not directly relate to the unremitted contributions in issue.

Source excerpt

• Summary procedure
• Leave to defend
• Unremitted social security contributions
• Counterclaims

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JUDGEMTNT

Court

TANZLII

The plaintiff failed to prove breach of contract or procedural impropriety in the disposal of the secured assets. The loan agreement and its variations were valid, the plaintiff defaulted, and the defendant followed the contractual and legal procedures for recovery. No counterclaim was properly pleaded or adjudicated. The suit is dismissed with costs.

Source excerpt

• Loan agreements
• Asset recovery
• Breach of contract
• Security interests
• Counterclaims

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Land Appeal No

Court

TANZLII

The appeal was struck out due to vagueness and lack of clarity regarding which Tribunal decision or order was being challenged; the grounds of appeal did not match the attached ruling and failed to specify the impugned decision, leaving the court unable to determine the merits.

Source excerpt

• Representation of minors
• Preliminary objections
• Award of costs
• Counterclaims
• Procedural clarity

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ramadhani almas korongo 3 others vs leonald florine sakumo another 2023 tzhclandd 17224 18 december 2023

Court

TANZLII

The High Court dismissed an application to set aside a dismissal order for a counterclaim, finding the applicants had shown no good cause for their non-appearance.

• Setting aside dismissal orders
• Counter claims
• Non-appearance
• Restoration of suits
• Preliminary objection
• Civil-procedure

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salili mikidadi mohamed as the administratrix of the estate of the late fuad kipande mussa vs said hamiari mohamed 2023 tzhclandd 17089 6 october 2023

Court

TANZLII

The defendant did not breach the construction agreement as performance was frustrated by legal requirements for a building permit and an injunction arising from a third-party dispute. The addendum contract validly remedied the parties' obligations and distributed ownership. The plaintiff's claims are not valid after the addendum contract. The defendant's counterclaim for losses was not proved and is dismissed.

Source excerpt

• Breach of contract
• Construction agreements
• Estate administration
• Injunctions
• Counterclaims

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nmb bank plc vs mafubilo general supplies ltd 5 others by way of counter claim rose mutagonga kundecha vs nmb bank plc 2 others 2023 tzhccomd 319 29 september 2023

Court

TZHCCOMD

High Court commercial judgment on loan default, mortgage enforcement, and alleged forged variations. The bank succeeded; the counterclaim was dismissed.

• Loan default
• Mortgage enforcement
• Guarantee liability
• Forgery allegations
• Counterclaim procedure
• Banking-law

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blue pearl apartments ltd vs ubungo plaza limited another 2023 tzhc 20759 31 august 2023

Court

TZHC

The High Court found the landlord’s eviction unlawful for lack of due process, awarded damages to the tenant, and also upheld the landlord’s counterclaim for rent arrears.

• Eviction
• Lease agreements
• Execution of decrees
• Damages
• Counterclaims
• Unlawful-eviction

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iringa retco 2000 company limited vs permanent secretary ministry of finance and planning 2 others 2022 tzhc 14506 8 november 2022

Court

TZHC

The High Court struck out a counterclaim in a land dispute after finding a necessary party had not been joined or even identified, making effective adjudication impossible.

• Non-joinder of necessary parties
• Counterclaim competence
• Land ownership
• Striking out pleadings
• Non-joinder-of-parties
• Necessary-parties

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access bank tanzania ltd vs ashif fatehal ladhani ltd 2022 tzhc 14123 25 october 2022

Court

TZHC

The High Court dismissed Access Bank’s appeal, upheld the trial judgment, and found no entitlement to USD 21,000 unutilized rent because the premises were not handed back.

• Lease agreements
• Termination of contract
• Counterclaims
• Burden of proof
• Admissibility of electronic evidence
• Lease-agreements

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standard chartered bank t ltd vs best travel solution ltd 3 others 2022 tzhccomd 116 13 may 2022

Court

TZHCCOMD

Commercial dispute over overdraft repayment, mortgage security, and a counterclaim for refund. The court found a reduced balance payable and dismissed the counterclaim.

• Loan agreements
• Mortgage validity
• Personal guarantees
• Company directorship and shareholding
• Fraud and forgery allegations
• Counterclaims

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