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Tanzania decisions
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The Court of Appeal of Tanzania dismissed a land-sale appeal, holding that the appellant failed to prove fraud in the signed contract or displace the sanctity of contract.
The suit is not time barred because the period during which the plaintiffs were diligently prosecuting related proceedings is excluded from the limitation period. The court retains jurisdiction because the arbitration clause could not be implemented due to the defendants' refusal to cooperate, making arbitration impossible.
Source excerpt
The suit is not time barred because the period during which the plaintiffs were diligently prosecuting other proceedings on the same cause of action is to be excluded from the limitation period. The court has jurisdiction because the arbitration clause could not be implemented due to the defendants' lack of cooperation, and the defendants did not seek a stay of proceedings to pursue arbitration.
Source excerpt
The High Court of Tanzania dismissed a land sale dispute, finding the plaintiff failed to prove fraud in the written agreement or exclude Plot 194 from the sale.
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