Tanzania Case Law

RULING SOMAIYA SHIVACOM AND NGALO

Court

TANZLII

The court is functus officio and barred by issue estoppel from re-determining the reasonableness and quantum of instruction fees, as these were already settled in prior proceedings. The Applicants failed to prove payment of instruction fees to the Respondent. The Taxing Officer acted judiciously, applied correct principles, and maintained consistency. The reference application is without merit.

Source excerpt

• Taxation of costs
• Advocate-client fees
• Party-party costs
• Functus officio
• Issue estoppel

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MWACOTRA RULING 1 1

Court

TANZLII

The Court is functus officio regarding the prayer for appointment of a Court broker, as the same relief was previously sought and denied in earlier proceedings between the same parties. The application is also barred by res judicata and issue estoppel. Additionally, the applicant's failure to file a counter affidavit constitutes admission of the respondents' compliance with the Court order, eliminating any factual dispute and rendering the application meritless.

Source excerpt

• Execution of court orders
• Functus officio
• Res judicata
• Issue estoppel
• Appointment of court broker
• Compliance with injunction

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helena chinyuka vs letshego t limited ta faidika microfinance 2024 tzhcld 27 13 march 2024

Court

TANZLII

High Court Labour Division dismissed a revision application challenging retrenchment, holding that the applicant accepted terminal benefits and was estopped from disputing the termination.

• Retrenchment
• Unfair termination
• Employment contracts
• Issue estoppel
• Unfair-termination
• Issue-estoppel

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abubakari rashid shekifu 4 others vs nas dar airco company ltd 2024 tzhcld 17 4 march 2024

Court

TANZLII

Applicants, having accepted and received terminal benefits without challenging the retrenchment process prior to payment, are estopped from contesting the fairness of the retrenchment. The application is dismissed for want of merit.

Source excerpt

• Unfair termination
• Retrenchment
• Procedural fairness
• Issue estoppel

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Z

Court

TANZLII

The court held that it is functus officio, having previously determined and declined an application for temporary injunction between the same parties and subject matter. The grounds for maintenance of status quo overlap with those for temporary injunction, and the issues raised are barred by issue estoppel. The application is dismissed for lack of jurisdiction.

Source excerpt

• Interim relief
• Status quo orders
• Temporary injunctions
• Functus officio
• Issue estoppel

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apolinary ringo vs access bank t ltd 2023 tzhcld 1498 29 november 2023

Court

TANZLII

The High Court upheld a CMA award dismissing a labour revision application, holding the applicant was estopped after accepting a retrenchment package.

• Unfair termination
• Retrenchment
• Procedural fairness
• Issue estoppel
• Labour-law
• Procedural-fairness

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director of public prosecutions vsyanga omary yanga 2023 tzhcced 3 17 march 2023

Court

TANZLII

The High Court held it was functus officio on the forfeiture of a Toyota Land Cruiser and struck out that item, while treating the affidavit objection as a merits issue.

• Forfeiture
• Functus officio
• Affidavit defects
• Issue estoppel
• Functus-officio
• Issue-estoppel

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RULING MISCELLANEOUS COMMERCIAL APPLICATION NO

Court

TANZLII

The applicant, as title holder under the financial lease, is entitled to repossess the seven buses from the respondent due to expiry and breach of the lease agreement, non-exercise of the purchase option, and failure to surrender the equipment after due notice. The respondent's arguments of full payment and co-ownership are legally misconceived; title and ownership are distinct, and the buses are subject to the lease. The application is not an execution of a prior decree but an independent statutory remedy under the Financial Leasing Act.

Source excerpt

• Financial leasing
• Repossession of leased assets
• Lease agreement breach
• Title holder rights
• Issue estoppel

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EAST AFRICA DEVELOPMENT BANK VS NYAKIRANGANI CONSTRUCTION LTD MISC COMM APPLICATION NO

Court

TANZLII

The application is barred by the doctrines of res judicata, functus officio, issue estoppel, and constructive res judicata because the issue of ownership and the right to repossess the leased equipment was already determined in Commercial Case No. 107/2019, where the court found the purchase option had been exercised and the applicant's remedy is limited to execution of the monetary decree, not repossession.

Source excerpt

• Financial leasing
• Repossession of leased assets
• Res judicata
• Functus officio
• Issue estoppel
• Constructive res judicata

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standard chartered bank ltd vs justin tineishemo 2022 tzhcld 1084 15 november 2022

Court

TANZLII

The respondent, having signed the retrenchment agreement and accepted the retrenchment package, was estopped from challenging the termination and claiming further compensation. The arbitrator erred in refusing to admit the applicant's electronic evidence for lack of affidavit, as the law does not require an affidavit for admissibility. The award of compensation and bonus to the respondent was therefore set aside.

Source excerpt

• Unfair termination
• Redundancy
• Retrenchment procedures
• Admissibility of electronic evidence
• Issue estoppel

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