Tanzania Case Law

STEPHEN MAHENDEKA MGANGA VS BEST WAY CAPITAL MGT LTD MISC

Court

TANZLII

The application fails because the applicant did not provide cogent evidence of fraud, sham, alter ego, concealment, or evasion by the respondent company or its directors, nor did he implead the directors or shareholders against whom personal liability is sought. Lifting the corporate veil is an exception, not the rule, and requires substantiated grounds.

Source excerpt

• Lifting corporate veil
• Execution of decree
• Limited liability
• Personal liability of directors

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MISC NO 20811 OF 2024 TAFIMU VRS SARAMIKA FISHING CO

Court

TANZLII

The 2nd Respondent is using the corporate structure to defeat execution of a lawful award; justice requires lifting the corporate veil to hold the 2nd Respondent personally liable for the judgment debt.

Source excerpt

• Lifting corporate veil
• Judgment enforcement
• Personal liability of directors

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MISC NO 10620 OF 2024 OMARY SALUM JUMA VRS UPAMI GROUP CO

Court

TANZLII

The corporate veil is lifted due to fraudulent and dishonest conduct by directors to defeat execution of the award; directors are personally liable for the decretal sum and subject to civil imprisonment.

Source excerpt

• Corporate veil
• Execution of judgment
• Personal liability of directors
• Civil prison for debt

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fah construction company limited vs sylivanus rugambwa philbert 2021 tzhccomd 2025 17 february 2021

Court

TZHCCOMD

Notice of appeal alone does not bar execution; in absence of proof of fraudulent acts but with directors running the company and no assets found, veil of incorporation is lifted and directors held personally liable for satisfaction of decree.

Source excerpt

• Veil of incorporation
• Execution of decree
• Personal liability of directors
• Stay of execution

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KAYOLA EXPARTE RULING 0001

Court

TANZLII

Given the undisputed evidence that the second respondent is the director and operator of the first respondent, and has concealed assets and declined to pay the court-ordered sum, the court is justified in lifting the corporate veil and holding her personally liable to satisfy the judgment debt.

Source excerpt

• Lifting the corporate veil
• Execution of court orders
• Personal liability of directors
• Abuse of corporate structure

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eco bank tanzania ltd vs gogogo savings and credit co operative and others 2020 tzhccomd 16 24 march 2020

Court

TZHCCOMD

The High Court held the defendants jointly and severally liable for a defaulted bank loan secured by a fraudulently procured mortgage, and awarded interest, damages, and costs.

• Loan default
• Fraud
• Mortgage
• Personal liability of directors
• Damages
• Interest on judgment debt

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