Tanzania Case Law

BAHARI LIMITED SCANNED

Court

TANZLII

The plaintiff's suit, presented as a summary suit, sought reliefs outside the scope permitted under Order XXXV of the Civil Procedure Code and section 140 of the Land Act. The law restricts summary suits to specific reliefs, and the plaintiff's claims do not fall within those. The suit is incompetent and must be struck out; it cannot be converted to ordinary proceedings.

Source excerpt

• Summary suit
• Mortgagee power of sale
• Summary proceedings
• Jurisdiction
• Reliefs under mortgage

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GMP 0001

Court

TANZLII

The applicant has disclosed a substantial triable legal issue regarding exemption from service levy, justifying the grant of leave to defend the summary suit.

Source excerpt

• Summary suit
• Leave to defend
• Service levy exemption
• Education institutions

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Hanang

Court

TANZLII

The defendant failed to apply for leave to defend as required by Order XXXV, thus admitting the plaintiffs' claims. The plaintiffs are entitled to the reliefs sought for breach of lease agreement.

Source excerpt

• Breach of lease agreement
• Summary suit
• Unpaid rent
• Damages

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THE REGISTERED TRUSTEE EDITED 2222222

Court

TANZLII

The High Court declined leave to defend a summary suit over unpaid social security contributions, finding no arguable defence where partial payment was admitted.

• Summary suit
• Leave to defend
• Prima facie defence
• Statutory obligations
• Social security contributions
• Summary-suit

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MISC

Court

TANZLII

The application was filed out of time and thus the court lacks jurisdiction to entertain it; applicant should have applied for extension of time under section 14(1) of the Law of Limitation Act, Cap 89; as there is no valid application before the court, the matter is dismissed.

Source excerpt

• Summary suit
• Leave to defend
• Limitation of actions
• Jurisdiction

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ahmed freight limited another vs ecobank tanzania limited 2024 tzca 172 12 march 2024

Court

TZCA

The Court of Appeal upheld liability on a loan guarantee dispute, finding the second appellant signed the guarantee and the appellants failed to prove repayment.

• Loan recovery
• Guarantee liability
• Burden of proof
• Summary suit
• Director liability
• Loan-recovery

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KOBIL

Court

TANZLII

The applicant established a prima facie case by demonstrating disputes of fact regarding the amount owed and the authenticity of the respondents' supporting documents, thus raising triable issues that warrant granting unconditional leave to defend the summary suit.

Source excerpt

• Summary suit
• Leave to defend
• Metrological supervision services
• Debt recovery

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tunduru district council and another vs abdallah saleh tuwel 2023 tzhc 21055 19 september 2023

Court

TZHC

The High Court at Songea recorded a consent judgment settling a service levy dispute, with the defendant to pay TZS 11 million in instalments and each party bearing its own costs.

• Summary suit
• Service levy
• Settlement
• Counterclaim
• Civil-procedure
• Consent-judgment

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techpack t ltd vs tanesco another 2023 tzhccomd 220 17 july 2023

Court

TZHCCOMD

The applicant failed to specify the genuine amount owed or provide sufficient facts to demonstrate a triable issue. Mere assertions of exaggeration without substantiation do not meet the threshold for leave to defend a summary suit.

Source excerpt

• Summary suit
• Leave to defend
• Affidavit evidence
• Debt recovery

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abdallah saleh tuwel vs tunduru district council and another 2023 tzhc 18825 12 july 2023

Court

TZHC

The High Court granted leave to defend a summary suit over alleged unpaid service levy, finding triable issues about notice, demand letters, and payment.

• Summary suit
• Leave to defend
• Service levy
• Summary-suit
• Leave-to-defend
• Service-levy

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