Tanzania Case Law

DANFORD MARTIN MUYANGO VS BAKARI MFAUME KAMBI RULING

Court

TANZLII

The applicant satisfied all criteria for grant of temporary injunction: there is a serious question to be tried regarding breach of the refund agreement, irreparable loss would occur if the respondents dispose the property before the suit is determined, and the balance of convenience favours the applicant. The respondents admitted the debt and default, and the agreement provides for injunctive relief. The court exercised its discretion to preserve the applicant's rights pending final determination of the main suit.

Source excerpt

• Temporary injunction
• Breach of contract
• Sale of land
• Enforcement of agreement
• Security for debt

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omega fish limited vs benjamin elikana masota benjamin masota 2022 tzhccomd 164 10 june 2022

Court

TZHCCOMD

Plaintiff proved advancement of TZS 140,152,000/= to Defendant, of which TZS 60,152,000/= was repaid via fish consignments. Claim for TZS 40,000,000/= advanced in 2011 was time-barred. Outstanding recoverable amount is TZS 40,000,000/=. Both parties breached contract terms, but Plaintiff entitled to partial relief.

Source excerpt

• Loan recovery
• Breach of contract
• Limitation of actions
• Security for debt

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locus debt managment limited vs symbion power tanzania limited 2021 tzhccomd 3415 22 november 2021

Court

TZHCCOMD

The High Court ordered Symbion Power Tanzania Limited to deposit USD 30 million as security pending a related commercial cause, and awarded costs to the applicant.

• Attachment before judgment
• Security for debt
• Costs
• Enforcement of settlement
• Security-for-debt
• Attachment-before-judgment

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20190514 TZHC Dar es Salaam 1

Court

TZHC

The High Court held that a suit for refund of money paid for a tractor was not a land dispute, and dismissed the appeal for lack of merit.

• Jurisdiction
• Refund of purchase price
• Security for debt
• Civil-appeals
• Contract-refund
• Land-disputes

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20140228 TZHC Dar es Salaam

Court

TZHC

Ex parte High Court judgment awarding Mohamed Enterprises Tshs 66 million debt plus interest after finding the defendant bought goods on credit, acknowledged the debt, and defaulted.

• Debt recovery
• Sale of goods
• Security for debt
• Debt-recovery
• Sale-of-goods
• Commercial-law

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kikombe mabula vs mwenyekiti chama cha ifogongoho habiya 2013 tzhc 2068 27 june 2013

Court

TZHC

Second appeal dismissed. The High Court declined to interfere with concurrent findings that the appellant owed the respondent group money and had pledged a motor vehicle as security.

• Loan recovery
• Security for debt
• Appellate review
• Concurrent findings
• Appellate-review
• Civil-appeals

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boniface makoro vs semeni petro 2009 tzhc 102 11 june 2009

Court

TZHC

The High Court allowed a civil appeal, holding that the respondent had not proved personal ownership of an outboard engine or the alleged Madrid Company.

• Burden of proof
• Ownership of property
• Security for debt
• Burden-of-proof
• Ownership-of-property
• Security-for-debt

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20090611 TZHC Mwanza

Court

TZHC

The High Court restored a primary court order allowing retention of an outboard engine as security for an unpaid debt, finding ownership and debt were not proved against the appellant.

• Burden of proof
• Ownership of property
• Security for debt
• Appellate review
• Burden-of-proof
• Ownership-of-property

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20060421 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal granted stay of execution pending appeal, finding that the applicants faced greater hardship and possible irreparable loss if execution proceeded.

• Stay of execution
• Irreparable loss
• Balance of convenience
• Security for debt
• Stay-of-execution
• Irreparable-loss

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20060405 TZCA Dar es Salaam

Court

TZCA

Since Rule 9(2)(b) does not prescribe a limitation period and execution had not commenced, the application was not time barred; serious triable issues exist in the pending appeal, including jurisdiction, justifying a stay of execution.

Source excerpt

• Stay of execution
• Limitation periods
• Jurisdiction
• Security for debt

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