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

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JUDGMENT MWAJI GROUP LTD VS CRDB BANK

Court

TANZLII

The consent judgment was set aside on the ground of fraud because the 3rd defendant, who signed the deed of settlement on behalf of the plaintiff, was not a director, secretary, or principal officer duly authorized to bind the company. There was no evidence of authority, and acts by unauthorized persons cannot bind the company. Fraud was thus established, rendering the consent judgment void ab initio.

Source excerpt

• Consent judgment
• Fraud
• Company representation
• Authority of company officers
• Setting aside judgments

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REGISTERED TRUSTEES OF ELCT

Court

TANZLII

The High Court has jurisdiction to entertain a suit challenging a consent decree allegedly procured by fraud or misrepresentation; filing a fresh suit is an appropriate remedy as established by Court of Appeal precedents.

Source excerpt

• Jurisdiction
• Consent decree
• Fraud
• Misrepresentation

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COSTA CHHRISTOPHER LEMA COSTANTINO LEMA VS WILSON CHRISTOPHER TARIMO COMM CASE NO

Court

TANZLII

The respondents' conduct in managing the affairs of the 2nd respondent company, including failure to hold meetings, unauthorized appointment of directors and secretary, and acts done without board resolutions, was in contravention of the company's MEMART and the Companies Act, and was unfairly prejudicial to the petitioners. There was no evidence of proper procedure for forfeiture or transfer of shares, nor evidence of a call on shares. The petitioners' membership could not be lawfully stripped, and the respondents' actions amounted to unfair prejudice.

Source excerpt

• Unfair prejudice
• Shareholder rights
• Corporate governance
• Fraud
• Directors' duties

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Misc

Court

TANZLII

The applicant demonstrated the existence of a serious triable issue regarding ownership and the right to be heard before deprivation of property. The court found that the balance of convenience favored the applicant, as rectification of the title could jeopardize its position without a hearing. The court held that the right to be heard and maintenance of the status quo pending the expiration of the statutory notice outweighed arguments about monetary compensation or ongoing investigations. The conditions for a Mareva injunction were met.

Source excerpt

• Mareva injunction
• Interim orders
• Status quo
• Rectification of title
• Right to be heard
• Breach of contract

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D

Court

TANZLII

The court lacks jurisdiction to review or set aside a consent decree on grounds of fraud, misrepresentation, or mistake by way of chamber application; such challenge must be by substantive suit. Therefore, extension of time for such a review cannot be granted.

Source excerpt

• Extension of time
• Review of consent decree
• Fraud
• Jurisdiction

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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

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elia makala masangya vs fjs african development co ltd 4 others 2023 tzhclandd 17218 6 december 2023

Court

TANZLII

The High Court found the mortgage over Plot No. 2146 lawful but held the auction was unlawful for lack of valid 14-day notice. The main suit was dismissed except for nullifying the auction.

• Mortgage
• Fraud
• Auction
• Guarantee
• Loan default
• Injunction

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batholomayo tluway vs john tluway dalei 2 others 2023 tzhc 22518 8 november 2023

Court

TZHC

The High Court dismissed a land appeal, holding the appellant failed to prove title or adverse possession and upheld the tribunal’s decision.

• Ownership of land
• Adverse possession
• Burden of proof
• Sale agreements
• Fraud allegations
• Land-law

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remigious muganga vs barrick b ulynhulu gold mine 2023 tzca 17796 7 november 2023

Court

TZCA

The Court of Appeal dismissed an application for review, holding that the alleged fraud and perjury issue had not been properly raised in the Labour Court.

• Review jurisdiction
• Fraud
• Perjury
• Pleadings
• Appeal on point of law
• Review-jurisdiction

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