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Tanzania decisions
Decisions matching the current search
Application to review a Court of Appeal judgment failed because the alleged mistake concerned re-appraisal of evidence, not an apparent error on the record.
The Respondent proved its claim for unpaid debt arising from a credit business agreement to the required civil standard, while the Appellant's counterclaim was unsupported by evidence. The trial court erred in awarding excessive general damages and interest above the statutory rate; procedural complaints regarding language and signature were dismissed as non-prejudicial.
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The anomalies in the decree arose from the applicant's own failure to specify and quantify the reliefs sought, particularly the interest rates and damages for loss of business. The trial court cannot be faulted for granting what was pleaded, and the omission does not amount to a material irregularity warranting revision. The application is therefore untenable and dismissed.
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The High Court allowed the appeal, holding the loan agreement void for illegality and setting aside the district court’s judgment and orders with costs.
Court of Appeal of Tanzania upheld liability for breach of contract and liquidated damages, but set aside the 9.75% interest award for lack of proof.
Default judgment in a bank loan recovery suit. The court awarded CRDB Bank PLC TZS 129,136,761.63, contractual interest at 17%, court interest at 7%, and costs.
The Resident Magistrate's Court had jurisdiction as the claim was not of commercial significance but a contract of carriage, and the monetary claim was within the enhanced statutory limit. Electronic evidence was improperly admitted and expunged. The existence of contract and breach was proved on balance of probability. Damages and interest were properly awarded based on statutory and evidentiary standards.
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The plaintiff is bound by the restructuring agreement, which imposed commercial interest rates after the moratorium. The defendant is entitled to charge accrued interest and penalties. The plaintiff breached the loan agreement by failing to repay as agreed. Reliefs sought by the plaintiff are dismissed; judgment is entered for the defendant in the counterclaim for the outstanding loan and interest at court rate.
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The appellants breached the sale agreement by failing to release the certificate of title and not disclosing the encumbrances, making them liable for refund, interest, and costs as per the contract. The second appellant was personally liable due to his active role and signature as CEO. The interest rate was contractually agreed and not subject to court revision.
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The trial court's failure to conduct an exparte hearing before granting leave to present a third party notice and omission to give directions after third party defence constituted fatal breaches of mandatory procedural requirements under Order 1 rules 14 and 18 of the Civil Procedure Code, vitiating the entire proceedings.
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