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Tanzania decisions
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The Court of Appeal upheld liability against the bank for unauthorised account debits, confirmed general damages, and allowed the cross-appeal on costs.
Court of Appeal of Tanzania held the CMA had jurisdiction over a breach of employment contract claim, but reduced damages and disallowed unproven allowances.
The agreement dated 8/2/2013 was valid and binding as it was signed by an authorized agent in the presence of the appellant's director, and the appellant ratified it by making payments. The respondent is entitled to simple interest at 5% per month on the outstanding amount from the date of default to the date of judgment, and 7% per annum thereafter, but not to compound interest as the agreement did not expressly or impliedly provide for it.
Source excerpt
The High Court held that NMB Bank did not breach confidentiality because it accessed the plaintiff’s account in compliance with valid garnishee orders.
The Court of Appeal upheld dismissal of an application to set aside an arbitral award, finding no misconduct or error of law apparent on the face of the award.
The High Court held that the bank acted lawfully in treating the transfer as suspicious and complying with reporting and freezing orders, so the suit was dismissed.
The Court of Appeal held that a letter expressing interest in helicopters was only an invitation to treat, so no contract existed between the parties.
Commercial dispute over unpaid loans and post-dated cheques. The High Court found the 1st and 3rd defendants liable, but not the 2nd defendant.
The arbitrator lacked jurisdiction because the parties failed to comply with the mandatory adjudication step required by Clause 24.1 of their contract before proceeding to arbitration; thus, the High Court's refusal to record the award as judgment was correct.
Source excerpt
The High Court held that GAPCO breached a lease by mortgaging a tenant’s property without written consent. The plaintiff received TSh 10 million in general damages.
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