Tanzania Case Law

JUDGMENT MWAJI GROUP LTD VS CRDB BANK

Court

TANZLII

The consent judgment was set aside on the ground of fraud because the 3rd defendant, who signed the deed of settlement on behalf of the plaintiff, was not a director, secretary, or principal officer duly authorized to bind the company. There was no evidence of authority, and acts by unauthorized persons cannot bind the company. Fraud was thus established, rendering the consent judgment void ab initio.

Source excerpt

• Consent judgment
• Fraud
• Company representation
• Authority of company officers
• Setting aside judgments

Read case analysis

MISC

Court

TANZLII

The applicant failed to demonstrate sufficient cause for the delay in filing the application to set aside the ex parte judgment, did not account for each day of delay, and did not substantiate claims of illegality. The court found the delay inordinate and unsupported by valid reasons, thus dismissed the application.

Source excerpt

• Extension of time
• Ex parte judgment
• Limitation of actions
• Setting aside judgments

Read case analysis

adam mwakila vs nasibu juma 2022 tzhc 164 18 february 2022

Court

TZHC

The appeal was brought prematurely as the appellant's remedy was to apply to set aside the ex parte judgment in the District Court, not to appeal directly to the High Court.

Source excerpt

• Appeals from primary court
• Ex parte judgments
• Setting aside judgments

Read case analysis

zanzibar resort real estate another vs industrial fund for developing countries alias ifu 2015 tzhc 2204 24 march 2015

Court

TZHC

The High Court for Zanzibar upheld a preliminary objection and struck out an application to set aside a default judgment, holding appeal was the proper remedy.

• Default judgment
• Appeal procedure
• Jurisdiction of registrar
• Setting aside judgments
• Preliminary objection
• Civil-procedure

Read case analysis