Tanzania Case Law

BAKWATA

Court

TANZLII

The respondent failed to prove fraudulent misrepresentation or lack of authority of the signatories to the settlement agreement. The settlement agreement was validly executed, payment of TZS 330,000,000/= was acknowledged, and the agreement constituted full satisfaction and adjustment of the decree. The application under Order XXI Rule 2(2) was proper, and the payment must be recorded and certified as extinguishing the decree.

Source excerpt

• Adjustment of decree
• Settlement agreement
• Fraudulent misrepresentation
• Execution of decrees

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am trailer manufacturer limited vs ncba bank tanzania limited 2023 tzhccomd 318 8 september 2023

Court

TZHCCOMD

Commercial dispute over delayed vacant possession of sold property, alleged misrepresentation, and damages. The court found breach but dismissed the claim after affirmation and compensation.

• Breach of contract
• Force majeure
• Fraudulent misrepresentation
• Damages
• Estoppel
• Breach-of-contract

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ajene donatila ruambo vs evans benson another 2023 tzhclandd 16578 23 june 2023

Court

TANZLII

The 1st respondent, while being a party to a pending High Court case involving the same property and parties, filed a similar case at the DLHT without disclosing the pendency of the High Court case and without joining the applicant, who had a valid interest in the property. This amounted to non-joinder of a necessary party and denial of the right to be heard, violating principles of natural justice and rendering the DLHT proceedings and judgment a nullity.

Source excerpt

• Revision of tribunal decisions
• Natural justice
• Non-joinder of necessary parties
• Fraudulent misrepresentation
• Res judicata

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abubakar abdulrahman gurnah and 3 others vs abdulsalam abdulrahman gurnah and 2 others 2023 tzhc 16608 31 march 2023

Court

TZHC

The High Court held that the plaintiffs were not lawful co-owners because the transfer of title did not comply with mandatory succession procedures.

• Co-ownership of land
• Succession and transmission of title
• Mortgage and security over land
• Fraudulent misrepresentation
• Lawful possession
• Burden of proof

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fm communication and another vs bank of africa tanzania limited 2020 tzhc 4639 4 december 2020

Court

TZHC

The High Court held that the plaintiffs breached a loan facility by concealing material facts, so the bank lawfully cancelled the facility and the suit was dismissed.

• Breach of contract
• Fraudulent misrepresentation
• Loan facility
• Mortgage
• Good faith
• Breach-of-contract

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EXAUD AUGUSTINO KWAYU SCANNED

Court

TANZLII

The Plaintiff's claim challenging the legality of the mortgage and subsequent auction is time-barred under the Law of Limitation Act, as the cause of action arose in 2006 and the suit was filed in 2022, beyond the twelve-year limitation period. The First Defendant is a bonafide purchaser protected by law, and the Plaintiff failed to prove any entitlement to damages or other reliefs.

Source excerpt

• Mortgage
• Limitation of actions
• Bonafide purchaser
• Fraudulent misrepresentation
• Public auction
• Compensation for acquisition

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east coast oil and fats ltd vs tanzania bureau of standards and others 2020 tzhccomd 19 16 march 2020

Court

TZHCCOMD

The suit is a tax/revenue-related dispute falling under the jurisdiction of the Tax Revenue Appeals Board; the High Court lacks subject matter jurisdiction and cannot entertain the case.

Source excerpt

• Jurisdiction
• Tax assessment
• Negligence
• Fraudulent misrepresentation

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basics elements ltd vs the national bank of commerce ltd 2019 tzca 124 16 april 2019

Court

TZCA

The Court of Appeal held that the parties had a loan agreement and that fraudulent misrepresentation did not excuse repayment because the appellant did not rescind the contract.

• Loan agreements
• Fraudulent misrepresentation
• Remedies for breach
• Rescission
• Damages
• Loan-agreements

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20170815 TZHC Dar es Salaam

Court

TZHC

The High Court rescinded a land sale contract after a dispute over ownership and ordered the defendant to refund T.sh. 50 million, with interest, damages, and costs.

• Breach of contract
• Restitution
• Damages
• Land sale
• Fraudulent misrepresentation
• Breach-of-contract

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charles thys vs hermanus p steyn 2016 tzca 760 1 march 2016

Court

TZCA

The trial court failed to properly evaluate all the evidence and did not establish on a balance of probabilities that the appellant's actions were the proximate cause of the respondent's arrest, detention, and loss of property. There was insufficient evidence linking the appellant's alleged conduct to the damages suffered by the respondent. The damages awarded were not adequately proved. Procedural objections to the appeal were dismissed as lacking merit.

Source excerpt

• Fraudulent misrepresentation
• Specific damages
• General damages
• Res judicata
• Procedural compliance
• Evidence evaluation

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