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Tanzania decisions
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The High Court held that the transaction was a loan secured by 14 acres of land, not a sale, and dismissed the land appeal with costs.
The High Court in Shinyanga dismissed an application for temporary injunction over mortgaged property, finding no serious triable issue, irreparable harm, or favorable balance of convenience.
The arbitrator erred by departing from the agreed issues and applying the doctrine of frustration to a contract already mutually terminated. The parties were bound by the Mutual Agreement Regarding Termination of Employment, and the respondent breached this agreement by failing to pay the agreed compensation after BOT's revocation of vetting. The applicant is entitled to the compensation specified in the mutual agreement.
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The Court of Appeal of Tanzania dismissed a land-sale appeal, holding that the appellant failed to prove fraud in the signed contract or displace the sanctity of contract.
The agreements between the parties constituted valid loan contracts, not partnership; breach of contract was established, and excuses such as sickness or lack of time limit do not invalidate the contract or excuse non-performance.
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The High Court held that the borrower breached the facility agreement by failing to provide the required original title, so the bank’s cancellation was justified.
The Court of Appeal held the bank proved an overdraft debt and that lack of a default notice did not defeat recovery after expiry of the facility.
The Court held that the respondent is estopped from denying the payments made and the adjustment of the consent decree, as the parties' conduct and correspondence evidenced compromise and partial satisfaction. The applicants are obliged to pay the remaining balance to fully satisfy the decree.
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The High Court should enforce the parties' choice of forum clause in the Bill of Lading; Tanzanian courts have jurisdiction but must stay proceedings pending litigation in the chosen forum; Hamburg Rules are not directly applicable as they are not domesticated; filing a written statement of defence does not waive the forum exclusion clause in non-arbitration matters.
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The High Court held that a fixed-term employee governed by the Public Service Act had to exhaust statutory remedies first, so CMA lacked jurisdiction.
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