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Tanzania decisions
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The High Court dismissed an objection to sale in execution, holding that the applicant was a party to the consent decree and could not stop attachment of his property.
All grounds raised by the applicant lack merit; the executing court acted within its powers, complied with legal requirements for execution and auction, and no credible evidence was provided to support the applicant's claims. The application for revision is dismissed.
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The dispute is settled by consent; the defendants pay TZS 7,000,000 to plaintiffs, who relinquish all rights to the land, and the suit is marked settled per the deed of settlement.
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The High Court has jurisdiction to entertain a suit challenging a consent decree allegedly procured by fraud or misrepresentation; filing a fresh suit is an appropriate remedy as established by Court of Appeal precedents.
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The applicant failed to prove any wrongdoing, fraud, concealment, or misuse of the corporate form by the 2nd and 3rd Respondents. The directors acted within their legal mandate, and the company, as a separate legal entity, is solely liable for its debts. The grounds advanced for lifting the corporate veil were misconceived, unsubstantiated, or legally insufficient. The application is dismissed.
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An appeal against a consent decree is statutorily barred by section 70(3) of the Civil Procedure Code. Allegations of fraud or misrepresentation do not create an exception; the proper remedy is a fresh suit. The DLHT acted within its mandate as an executing tribunal and could not set aside the consent decree. The alleged forgery of the second appellant's signature cannot be determined as a pure point of law without evidence.
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The High Court quashed a consent decree from the Ubungo Land and Housing Tribunal for denying the applicant a hearing over property linked to matrimonial proceedings.
Extension of time granted to seek revision, despite delay, because the applicant’s allegation of illegality in the consent decree warranted consideration.
The Court of Appeal dismissed an application for stay of execution of consent decrees, holding that funds held by the Bank of Tanzania were irrelevant to stay relief.
The Court held that the respondent is estopped from denying the payments made and the adjustment of the consent decree, as the parties' conduct and correspondence evidenced compromise and partial satisfaction. The applicants are obliged to pay the remaining balance to fully satisfy the decree.
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