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Tanzania decisions
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The trial court erred in dismissing the suit based on preliminary objection as factual issues regarding the contractual relationship and locus standi required evidence. The appellant demonstrated sufficient interest and right to sue, and the matter should be heard on merits.
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The High Court entered summary judgment for Sikonge District Council and the Attorney General after the defendants failed to seek leave to defend a revenue recovery claim.
The respondent's evidence, both oral and documentary, was heavier and credible, establishing existence of a valid contract and agency, while appellant's evidence was merely a general denial without substantiation. Delivery notes and invoices, admitted without objection, corroborated the respondent's claim. Appeal dismissed for lack of merit.
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The applicant satisfied all statutory requirements for leave to issue a third-party notice, demonstrating a contractual and fiduciary relationship with the director that may entitle the company to indemnity if found liable in the main suit.
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Applicant established a prima facie case and the balance of convenience favors her, but the alleged loss is compensable in monetary terms and does not amount to irreparable injury. Therefore, the appropriate order is to maintain the status quo pending the main suit.
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High Court appeal in a debt dispute allowed the appellant’s claim after finding the wife’s spouse consent supported liability for the outstanding balance.
The Court of Appeal of Tanzania dismissed an appeal over ownership of land in Sumbawanga, holding the appellant failed to prove title on a balance of probabilities.
The High Court found that a clearing agent breached its contractual duties by failing to pay import taxes, submitting false documents, and defrauding its client.
The prosecution failed to prove beyond reasonable doubt that the appellant was entrusted with the tricycle as an agent, and failed to establish the principal-agent relationship or ownership, thus the offence of stealing by agent was not proved.
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The High Court upheld a tribunal decision finding the second respondent was a bona fide purchaser for value of disputed land and dismissed the appeal.
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