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Second appeal over a disputed debt agreement was dismissed after the High Court found no proof of duress and upheld the lower courts’ findings.
The High Court allowed an appeal over a disputed Nissan pickup, holding that a prior sale could not be displaced by a later agreement signed under duress as novation.
The High Court refused to set aside a consent settlement order, finding no duress or intimidation and holding that the applicant later changed his mind.
The High Court certified two points of law for appeal on how a consent judgment allegedly procured by fraud or coercion may be challenged, and whether the suit was still pending.
The application for interrogatories was rejected because the proposed questions were unnecessary, repetitive, and amounted to an impermissible fishing expedition for the defendant's benefit. The court held that duress is a matter of law and fact to be proved by the plaintiff, and the defendant already had access to potential witnesses. The proper means for clarification was cross-examination, not interrogatories.
Source excerpt
The appeal lacks merit as the evidence and law establish two separate written agreements for the sale of a motor vehicle and a house, which cannot be varied by alleged oral agreements. The appellant voluntarily signed the documents after explanation by advocates, and the adequacy of consideration is not a ground for voiding the contract absent fraud or duress, which was not proved.
Source excerpt
In an ex parte civil case, the High Court held the plaintiff had not proved that an agreement to secure her son’s release was illegal, so the declaration was refused.
The High Court allowed a civil appeal, set aside judgment for the plaintiff, and dismissed the claim after finding the evidence of burglary and liability unproven.
The Court of Appeal of Tanzania at Zanzibar dismissed a criminal appeal against clove-control convictions, holding that the appellants failed to prove duress.
The High Court of Tanzania allowed a corruption appeal, holding the evidence left reasonable doubt whether the appellant acted with corrupt intent or under duress.
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