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Tanzania decisions
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The Plaintiff proved its claim to the required standard through affidavits and original documents, and the Defendant failed to file a defence despite proper service; thus, the Plaintiff is entitled to judgment and the reliefs sought.
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The High Court granted summary judgment for unpaid cheques, struck out a wrongly cited default judgment application, and allowed court-rate interest and costs.
The court held that a plaint cannot mix summary and ordinary claims. It struck out a wrongly cited default judgment application and granted summary judgment for dishonoured cheques.
A suit cannot be filed partly under summary procedure and partly under ordinary procedure in the same plaint endorsed 'Summary Procedure'. Only claims falling within Order XXXV (i.e., on dishonored cheques) can be entertained summarily; other claims must be disregarded. Application for default judgment was incompetent due to wrong citation of law. Summary judgment is entered only for the amount covered by dishonored cheques, with interest at court rate, not commercial rate, as no agreement for commercial interest existed.
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The High Court held the defendant liable for unpaid agro-chemicals, finding an implied principal-agent relationship and awarding USD 134,568 plus interest and costs.
The High Court of Tanzania awarded TTCL TShs.23,431,475.80 after finding the defendants failed to remit revenue collected under an agency agreement.
The High Court allowed an appeal by Tanzania Harbours Authority, holding the employment dispute was res judicata because an earlier High Court application had finally disposed of the matter.
The Court of Appeal dismissed a reference seeking extension of time to correct a judgment on costs and to add interest, finding the delay was self-induced and the interest claim unrelated.
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