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Tanzania decisions
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On second appeal, the High Court allowed the appeal in part, holding that collateral land could not be taken without court process where the borrower was ready to repay the loan.
The High Court partly allowed a second appeal about a loan-funded Bajaji and shop business, rejecting the complaint on proof and ordering limited restitution.
The defendant's unequivocal admission of the plaintiff's claims entitles the plaintiff to judgment on admission for the reliefs substantiated in the plaint, excluding unsubstantiated general damages and with each party bearing their own costs.
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Second appeal in a car-use contract dispute. The High Court upheld the lower courts on jurisdiction and breach, but set aside an unfair compensation award to the appellant.
The court is satisfied that the parties executed a lawful deed of settlement, which fully resolves the plaintiff's claims. The deed is recorded, and the suit is marked as settled in accordance with its terms.
Source excerpt
The respondent purchased the vehicle in his personal capacity and failed to pay the remaining balance of Tshs. 7,000,000/=. The appellant, as unpaid seller, was entitled to exercise a lien over the vehicle until payment. The lower courts misapprehended the evidence by not giving due weight to the appellant's right of lien and the respondent's default. The appeal is allowed; the respondent must pay the outstanding amount before the vehicle is returned.
Source excerpt
The High Court dismissed a civil appeal over an alleged debt, holding that the appellant failed to prove the claim and calling no material witnesses justified an adverse inference.
The High Court of Tanzania recorded a deed of settlement in a commercial dispute, marked the suit settled, and ordered the agreed terms to form part of the consent judgment.
Default judgment for the plaintiff in a commercial debt claim over supplied motorcycles, with principal sum and interest awarded but general damages refused.
Default judgment in a commercial debt dispute: the court held the defendant had not defended the claim and ordered payment of US$185,482.73 plus interest and costs.
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