Tanzania Case Law

yasmin haji vs kenyata drive properties ltd another 2023 tzhccomd 25 13 february 2023

Court

TZHCCOMD

The petitioner suffered unfair prejudice due to irregular and fraudulent share transfers that did not comply with the company’s MEMARTS and statutory requirements. The petitioner remains a lawful shareholder, and the company must rectify its register to include her 100 shares and notify BRELA. BRELA is not a necessary party as the register in question is the company’s own register of members, not the register maintained by BRELA.

Source excerpt

• Rectification of register
• Unfair prejudice
• Shareholder rights
• Share transfer
• Corporate governance

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RUPESH KUMAR SONI VS VINOD KUMAR SONI COMM CASE NO

Court

TANZLII

The petitioner lacked locus standi to bring an unfair prejudice petition under section 233(1) of the Companies Act because he was not a member of the 3rd respondent company at the time of filing, as evidenced by the register of members and company records. The court has no jurisdiction to entertain the petition for unfair prejudice by a non-member.

Source excerpt

• Unfair prejudice
• Locus standi
• Membership in company
• Shareholder rights
• Rectification of register
• Limitation of actions

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shirin moosajee vs juzer zakiuddin mohamedali 2 others 2022 tzhccomd 155 2 june 2022

Court

TZHCCOMD

The High Court found the removal and share forfeiture of a petitioner in a company were unlawful, declared the transaction void, and ordered rectification of the register.

• Shareholder rights
• Director appointment
• Unfair prejudice
• Forfeiture of shares
• Rectification of register
• Company-law

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scolastica mukatesi ndyanabo vs ipsos tanzania limited 2022 tzhccomd 128 19 may 2022

Court

TZHCCOMD

The High Court held that the petitioner was the lawful holder of 10 shares and that excluding her from company affairs amounted to unfair prejudice.

• Unfair prejudice
• Shareholder rights
• Company meetings
• Trusts and shareholding
• Rectification of register
• Transmission of shares

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CHEMI COTEX

Court

TANZLII

The court held that the word 'Family' is not descriptive in class 3 of the Nice Classification and is distinctive for trademark purposes. The Deputy Registrar's decision was correct, and any contrary statement was a typographical error. The registration of 'Family Care' as a trademark was lawful, and the appellant's application for rectification or expungement lacked merit.

Source excerpt

• Trademark descriptiveness
• Rectification of register
• Distinctiveness of marks
• Time limitation for rectification
• Trade and service marks

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CIVIL APPEAL NO 63 OF 2021 DOUBLE DIAMOND HOLDINGS LTD V EAST AFRICAN SPIRITS LT OTHER

Court

TANZLII

The non-joinder of the Registrar of Trade and Service Marks, a necessary party in proceedings seeking rectification or annulment of trademark registrations, was a fundamental omission that vitiated the trial and rendered the judgment and proceedings null. The Registrar's right to be heard is mandatory under the law and cannot be bypassed by summoning as a mere witness or by party preference.

Source excerpt

• Trademark infringement
• Passing off
• Joinder of necessary parties
• Rectification of register
• Natural justice

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godfrey hosea ayo vs christopher michael gee and 2 others 2014 tzca 267 23 september 2014

Court

TZCA

The High Court erred by sustaining a preliminary objection on locus standi when the facts regarding the applicant's membership and alleged fraud were disputed and unascertained. Such issues require inquiry and cannot be disposed of as pure points of law.

Source excerpt

• Locus standi
• Preliminary objection
• Restoration of company
• Rectification of register
• Fraud allegations

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in the matter of jivat chandulal lamax dahya yadave in the matter of lamax shoe manufactures ltd another 2007 tzhccomd 62 7 september 2007

Court

TZHCCOMD

The High Court Commercial Division stayed a company petition on sub judice grounds because a pending land case raised the same issues of shareholding and directorship.

• Sub judice
• Shareholding dispute
• Directorship dispute
• Rectification of register
• Sub-judice
• Company-register-rectification

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red sea detergents co ltd vs akaba investments t ltd 2 others 2007 tzhccomd 50 18 june 2007

Court

TZHCCOMD

The High Court ordered expungement of the WILD CAT trademark registration, finding the applicant was the prior user and the registration was wrongly maintained.

• Trademark cancellation
• Trademark registration
• Agency
• Prior use
• Rectification of register
• Trademark-cancellation

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20051015 TZHC Dar es Salaam

Court

TZHC

None of the preliminary objections raised pure points of law; all required examination of evidence or documents and thus could not be determined as preliminary objections. Defects in the affidavit could be cured by striking out offending portions. Procedural technicalities should not bar access to justice. All preliminary objections are dismissed with costs.

Source excerpt

• Trade marks
• Rectification of register
• Authority to institute proceedings
• Preliminary objections
• Affidavit requirements

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