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Tanzania decisions
Decisions matching the current search
The High Court dismissed an objection to sale in execution, holding that the applicant was a party to the consent decree and could not stop attachment of his property.
Instruction fees should be awarded jointly to respondents with homogeneous interests, not separately, and the amount equal to 1% of the subject matter should be divided among the four respondents.
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The court found that the contract was not terminated as alleged by the defendant, and that both defendants failed to prove who was responsible for the outstanding balance after the district split. The plaintiff proved performance of the contract and partial payment. The court held both defendants jointly liable for the admitted balance of TZS 57,000,000.00, awarded general damages, interest, and costs.
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High Court appeal over a CRDB Bank loan dispute was dismissed, with the court upholding joint and several liability for the outstanding balance.
The High Court held the defendants jointly and severally liable for unpaid credit facilities, enforcing continuing securities, a debenture, and guarantees.
The Court of Appeal held that a first defendant directly affected by a joint and several decree should be served with the record of appeal under the Rules.
Failure to serve notice of appeal on Billy Bali, who was directly affected and a party to the High Court proceedings, constituted non-compliance with Rule 84(1) of the Tanzania Court of Appeal Rules, 2009, rendering the appeal incompetent.
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The Court of Appeal held that the appellant’s maritime lien claim against the second respondent was time-barred, and dismissed the appeal.
The court found that the evidence, including the signed contract and admitted documents, established a contract of sale and not a partnership. The defendants breached the contract by failing to pay the full contractual amount by the agreed date, entitling the plaintiff to the outstanding sum, interest, damages, and costs.
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The High Court’s Commercial Division dismissed preliminary objections that the plaint disclosed no cause of action and that the 1st defendant was misjoined.
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