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Tanzania decisions
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The High Court’s Land Division held the defendant breached a sale agreement for a residential licence but ordered only a refund of TZS 50,000,000; the third party was exonerated.
A Tanzanian High Court land case partly enforced an earlier judgment on admission, but dismissed the plaintiff’s remaining compensation and damages claims for lack of proof.
The preliminary objections failed because they either did not raise pure points of law or were based on factual issues requiring evidence; the plaint disclosed a cause of action and the procedural irregularity was a clerical error.
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Second appeal in a loan dispute dismissed after the High Court found the borrower accepted and used the funds, but failed to prove breach or covered loss.
Ex parte judgment finding breach of a motor-vehicle sale agreement and awarding the plaintiff USD 176,616, TZS 10,000,000, and costs.
Failure to join the Commissioner for Lands, who is a necessary party due to the pleaded facts against the office, renders the suit incompetent and liable to be struck out.
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The suit is barred by res judicata as the issues raised were or ought to have been raised and determined in the previous suit (Land Case No. 8 of 2023) between the same parties regarding the same subject matter and loan balance; the plaintiff is not permitted to split causes of action or initiate parallel proceedings, and the court cannot reopen matters already decided.
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The plaintiff proved existence of a contract, payment, and non-delivery of equipment by defendants. Defendants breached contract terms, causing financial loss and business disruption. Plaintiff is entitled to specific and general damages, interest, and costs.
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All three conditions for temporary injunction as established in Atilio vs Mbowe are met; applicant has shown prima facie case, risk of irreparable loss, and balance of convenience favors applicant.
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The Court found that the decree to be executed and the intended appeal are sufficiently connected, as the subject matter (the suit property) is common to both. Execution of the decree would render the intended appeal nugatory and cause substantial loss to the applicant, including loss of investment and employment. The applicant met the requirements for stay of execution, and the Court exercised its discretion under Rule 4(2) in the interest of justice to grant the stay, subject to conditions.
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