Tanzania Case Law

RULING ISSA NDUMA ON NECESSARY PARTY

Court

TANZLII

There is no need to join the Commissioner for Lands, Registrar of Titles, or Attorney General as necessary parties because the pleadings do not seek relief against them, nor do they raise issues regarding allocation or registration of the land. The dispute is solely between the plaintiffs and the 1st defendant over entitlement to the suit premises, and the court can adjudicate the matter effectively without the absent parties.

Source excerpt

• Joinder of parties
• Preliminary objection
• Registered land
• Declaratory relief
• Fraud
• Fiduciary duty

Read case analysis

MISC

Court

TANZLII

The respondent intentionally failed to obtain the applicant's mandatory consent, concealed material facts, and misled the court regarding the applicant's whereabouts, rendering the petition for letters of administration incompetent and constituting valid grounds for revocation.

Source excerpt

• Revocation of letters of administration
• Fraudulent procurement
• Consent of heirs
• Fiduciary duty

Read case analysis

Ruling Charles Evans Tarimo As Administrator of the Estate of late Cornel Kosinane Tarimo vs Hellen Mahuna As Liquidator of Msoke Nashalo Farms Limited and 3 Othe

Court

TANZLII

Mr. Mahuna is disqualified from representing the 1st and 3rd respondents due to conflict of interest, as he attested the sale agreement central to the dispute and is a potential witness. Allowing him to continue would violate professional conduct rules and endanger the integrity of the proceedings.

Source excerpt

• Conflict of interest
• Professional misconduct
• Advocate disqualification
• Company liquidation
• Fiduciary duty

Read case analysis

MCA NO

Court

TANZLII

The respondent fraudulently omitted lawful heirs and exhibited untrue accounts, breaching fiduciary duty and justifying revocation of letters of administration under sections 49(1)(b) and (e) and 49(2) of the Probate and Administration of Estate Act.

Source excerpt

• Revocation of letters of administration
• Fiduciary duty
• Beneficiary rights
• Fraudulent omission
• Matrimonial property division

Read case analysis

rubuye agro business company limited and another vs nmb bank plc 2023 tzhc 23669 13 december 2023

Court

TZHC

The cause of action accrued only when the plaintiffs became definitively aware, through the Court of Appeal judgment on 13 July 2022, that the defendant had not made the payments to YARA Tanzania Limited. The suit was filed within five months of that date, and the plaintiffs sufficiently pleaded grounds for exemption from limitation under Order VII Rule 6 of the Civil Procedure Code. Therefore, the suit is not time barred.

Source excerpt

• Limitation of actions
• Breach of contract
• Fraud
• Fiduciary duty
• Declaratory relief

Read case analysis

mariam dawson aswile vs amani aswile mlimba others 2023 tzhc 316 20 february 2023

Court

TZHC

The Probate and Administration of Estates Act [Cap 352] contains sufficient safeguards to protect heirs and beneficiaries. The challenged provisions do not violate Article 24(1) of the Constitution. The mere possibility of abuse does not render the statute unconstitutional. The petitioner's claim fails as the law provides adequate remedies and procedural protections.

Source excerpt

• Constitutionality of probate statutes
• Property rights
• Fiduciary duty
• Administration safeguards

Read case analysis

CIV

Court

TANZLII

The advocate's prior involvement for both parties in the contract's drafting and execution created a fiduciary relationship and conflict of interest, rendering his subsequent representation of one party against the other in litigation unprofessional and a nullity.

Source excerpt

• Conflict of interest
• Advocate misconduct
• Default judgment
• Fiduciary duty

Read case analysis

STANBIC BANK T LTD VS BOAZ SAIMON ILOMO COMM CASE NO

Court

TANZLII

The defendant-counter claimant breached the loan facility agreements by failing to repay the loan as contracted. The plaintiff bank breached the banker-customer fiduciary relationship by making unauthorized deductions and failing to communicate the basis for such deductions or exchange rates applied. No sufficient evidence was provided to establish wrongful advice by the 2nd counter defendant. Reliefs are granted accordingly, offsetting the unauthorized deduction from the outstanding loan amount.

Source excerpt

• Loan facility agreements
• Banker-customer relationship
• Breach of contract
• Fiduciary duty
• International funds transfer

Read case analysis

national bank of commerce limited vs tancoal energy limited another 2022 tzca 815 15 december 2022

Court

TZCA

The Court of Appeal held that the bank had no duty to avalise the bill, allowed recourse on dishonour, and ordered payment of the balance after set-off.

• Bills of exchange
• Banker-customer relationship
• Negligence
• Fiduciary duty
• Set-off
• Avalisation

Read case analysis

FINAL JUDGEMENT ZUNA PRINTING

Court

TANZLII

The defendants, acting as principal and agent, misrepresented the nature and cost of printer repairs, charged for a part not replaced, and upon complaint, disabled the plaintiff's printer, causing loss of business. This constituted breach of fiduciary duty and contract, entitling the plaintiff to damages for lost profit, refund of advance payment, general damages, and interest.

Source excerpt

• Breach of contract
• Fiduciary duty
• Misrepresentation
• Damages
• Consumer protection

Read case analysis