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Tanzania decisions
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The High Court dismissed a preliminary objection challenging joinder of the 2nd defendant and jurisdiction, holding both issues required factual proof.
Plaintiffs lack locus standi as SIMDA Mining, a CBO with legal personality, is not a party to the suit. The 5th defendant was not party to the contract, so no cause of action exists against her. The preliminary objections are sustained and the suit is struck out with costs.
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The oral loan agreement was between the respondent and Asajile Mbwilo personally, not the appellant company. Payment by company cheque as security or partial repayment does not make the company a party to the oral contract. The respondent sued the wrong party; thus, the appeal succeeds.
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The Tribunal correctly found that the Respondent owned the business booths by virtue of construction and rental arrangement with the Appellant, and the dispute was over a rental contract, not land ownership, thus within the Tribunal's jurisdiction. The Appellant failed to provide credible evidence or call material witnesses to support her claims. All grounds of appeal lacked merit.
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The High Court dismissed a second appeal over a paddy contract dispute, holding that the appellant had not proved a claim for 105 sacks on the balance of probabilities.
The High Court overruled preliminary objections on cause of action and locus standi, finding the plaint and annexures raised issues requiring evidence.
The High Court overruled preliminary objections on cause of action and locus standi, holding that the pleadings and annexures required further evidence.
The court lacks jurisdiction to entertain the application because the Joint Venture Agreement between the applicant and the 1st respondent contains a binding arbitration clause requiring disputes to be resolved by arbitration, and there is no evidence that arbitration has been conducted.
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The High Court struck out a civil revision application, holding the applicant had to challenge execution by objection proceedings in the executing court.
There was no lease agreement between the 1st plaintiff and the defendant as a natural person; the agreements were with a company not party to the suit. Therefore, the defendant could not have breached the agreements, and the plaintiffs failed to prove their case.
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