Tanzania Case Law

C LABS LTD

Court

TANZLII

The plaintiff's claims arise from acts of the 3rd defendant in confiscating the motor vehicle on allegations of illegal importation under customs law. The proper forum for such disputes is the tax dispute resolution mechanism, not the High Court. Furthermore, the plaintiff has no direct cause of action against the 1st to 3rd defendants, as the alleged illegal importation was by the 4th defendant. The suit is struck out for misjoinder and lack of cause of action against the 1st to 3rd defendants.

Source excerpt

• Jurisdiction
• Misjoinder of parties
• Tax dispute resolution
• Customs law

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grands lacs supplier sarl and others v attorney general of the republic of burundi 2018 eacj 129 19 june 2018

Court

EACJ

The Respondent, through its agents, unlawfully seized the Applicants’ goods without due process or compliance with the East African Community Customs Management Act, violating the rule of law as enshrined in Articles 6(d) and 7(2) of the Treaty. The Court has jurisdiction to grant appropriate remedies, including general damages, but the Applicants failed to prove special damages due to insufficient and illegible evidence.

Source excerpt

• Rule of law
• Customs law
• Treaty interpretation
• Jurisdiction
• Damages
• Free movement of goods

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prime aloyce vs malawi cargo centres ltd 2010 tzhccomd 21 30 september 2010

Court

TZHCCOMD

The High Court held that a bill of lading is not conclusive proof of ownership and ordered release of the cargo to the plaintiffs, with reduced damages.

• Bill of lading
• Ownership of goods
• Cargo handling
• Damages for loss of profit
• Customs law
• Bill-of-lading

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20100607 TZHC Dar es Salaam

Court

TZHC

The High Court allowed an appeal and held that where a court lacks jurisdiction, the proper order is to strike out the suit, not dismiss it.

• Jurisdiction
• Dismissal versus striking out
• Customs law
• Strike-out
• Civil-procedure
• Customs-law

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