Tanzania Case Law

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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20201116 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed the plaintiff’s claim over repossessed leased vehicles, finding default under the lease and granting the defendant’s counterclaim.

• Lease agreements
• Breach of contract
• Repossession of leased assets
• Guarantee liability
• Lease-agreements
• Repossession-of-leased-assets

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