Tanzania Case Law

china civil engineering construction corporation ccecc vs bunda town council another 2024 tzhc 640 4 march 2024

Court

TZHC

The applicant failed to disclose sufficient facts or a confirmed triable issue in the affidavit, as the claim of double taxation was speculative and unsupported by law or evidence. The omission of the preparer's name on the application did not render it incompetent since the applicant is not a law firm or advocate. Consequently, the application for leave to defend was dismissed.

Source excerpt

• Summary suit procedure
• Leave to defend
• Double taxation
• Local government levies
• Document preparation requirements

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Misc

Court

TANZLII

The applicant's affidavit raised triable issues sufficient to warrant leave to appear and defend the summary suit as required by law.

Source excerpt

• Summary suit procedure
• Leave to defend
• Surety liability
• Triable issues

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MISC

Court

TANZLII

The applicant has demonstrated triable issues regarding whether full payment of electricity bills was made or arrears exist, thus unconditional leave to defend the summary suit is warranted.

Source excerpt

• Summary suit procedure
• Leave to defend
• Electricity bill disputes
• Triable issues

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the board of trustees of the public service social security vs symbion power tanzania limited 2023 tzhc 23712 15 december 2023

Court

TZHC

The High Court dismissed a social security fund’s claim for unremitted contributions, finding the defendant’s employees had been terminated on 30 November 2016.

• Remittance of statutory contributions
• Termination of employment
• Burden of proof
• Summary suit procedure
• Social-security-contributions
• Termination-of-employment

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daffi axwesso umbe another vs national microfinance bank plc 2023 tzhc 23645 30 november 2023

Court

TZHC

The High Court dismissed an appeal over loan default and mortgage enforcement, upholding the trial court’s jurisdiction, procedure, and order for sale.

• Loan default
• Mortgage enforcement
• Pecuniary jurisdiction
• Right to be heard
• Summary suit procedure
• Loan-default

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kiribo limited vs the board of trustees of the national social security fund 2023 tzhc 21132 19 september 2023

Court

TZHC

The High Court granted Kiribo Limited leave to appear and defend a summary suit over alleged unpaid social security contributions and penalties.

• Summary suit procedure
• Leave to defend
• Employee contributions
• Penalties for non-remittance
• Summary-suit-procedure
• Leave-to-defend

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national housing corporation attorney general vs appolo hospital centre comapany limited 2022 tzhclandd 713 25 july 2022

Court

TANZLII

The High Court granted judgment in a summary suit for rent arrears and costs after the defendant failed to obtain leave to defend, but refused unproved damages.

• Summary suit procedure
• Rent arrears
• Damages
• Default judgment
• Summary-suit
• Default-judgment

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dismass scanned

Court

TANZLII

Appellant was properly served and granted leave to defend; failed to file defence, so exparte order stood. Evidence proved continued occupation after lease expiry, making appellant liable for rent and compensation under Section 82 of Land Act.

Source excerpt

• Lease agreements
• Summary suit procedure
• Exparte orders
• Compensation for use of premises

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prime catch exports ltd others vs dimond trust bank tanzania ltd 2020 tzca 374 5 august 2020

Court

TZCA

An application for revision is not competent where it arises from an interlocutory order that does not finally determine the suit, as barred by section 5(2)(d) of the Appellate Jurisdiction Act. The impugned ruling striking out the application for leave to appear and defend was interlocutory and did not finally determine the rights of the parties in the main suit. Therefore, the application for revision was incompetent and an abuse of court process.

Source excerpt

• Revision of interlocutory orders
• Summary suit procedure
• Right to be heard
• Abuse of court process

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quality corporation ltd others vs forsters auctioneers general traders another 2019 tzhccomd 162 11 september 2019

Court

TZHCCOMD

Applicants failed to provide sufficient evidence of irreparable loss or hardship to justify stay of execution or restitution. The balance of convenience favored the 2nd respondent, a lending bank, over the applicants. Maintenance of status quo was granted only to the extent of preserving the prohibitory order over the suit property pending determination of Miscellaneous Commercial Application No. 47 of 2019.

Source excerpt

• Stay of execution
• Maintenance of status quo
• Restitution
• Temporary injunction
• Summary suit procedure

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