Tanzania Case Law

GOLD AFRICA LIMITED VS MINING COMMISSIONOTHERS

Court

TANZLII

The applicant lacked locus standi to seek interim orders regarding assets owned by Reef Gold Limited, a separate corporate entity. Jurisdictional issues such as locus standi can be determined without formal pleadings, and the parties were fully heard. Clerical and editorial errors in the ruling were immaterial and did not affect substantive rights. No new evidence or fraud was established to justify review. The application for review was incompetent and demerited.

Source excerpt

• Review
• Locus standi
• Interim orders
• Corporate personality
• Right to be heard
• Mareva injunction

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GOLD AFRICA LIMITED VS MINING COMMISSIONOTHERS RULING

Court

TANZLII

Applicant, as shareholder, lacks locus standi to institute proceedings or seek interim orders regarding assets of Reef Gold Limited; only the company itself can enforce rights over its mining licences. Application for Mareva injunction and interim orders is incompetent and not maintainable.

Source excerpt

• Locus standi
• Corporate personality
• Derivative action
• Mareva injunction
• Interim orders

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JUDGMENT Clara Jones Mwansasu vs

Court

TANZLII

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.

Source excerpt

• Locus standi
• Preliminary objection
• Corporate personality
• Agency
• Breach of contract

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matale construction ltd v rural water supply and sanitation agency ruwasa 2 others 2023 tzhc 23439 14 december 2023

Court

TZHC

The court found that the 3rd defendant (Attorney General) resides in both Dodoma and Tanga, making Dodoma a proper venue under section 18(a) CPC. The board resolution attached by the plaintiff met statutory requirements, and the suit was properly authorised. Both preliminary objections were overruled.

Source excerpt

• Jurisdiction
• Locus standi
• Board resolution
• Corporate personality

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pudensia a lugemarila vs kampuni ya kukopesha msirikale 2023 tzhcld 1204 24 march 2023

Court

TANZLII

On second appeal, the High Court expunged a loan agreement, rejected liability through payments to a sister company, and reduced the award to Tshs.440,000.

• Loan agreement
• Corporate personality
• Evidence admissibility
• Penalty for default
• Loan-agreement
• Evidence-admissibility

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RENATUS NZEMO

Court

TANZLII

The omission of the words 'Registered Trustees' in the applicant's name is a curable defect since the actual parties are the same and their right to be heard was exercised. The court ordered substitution of the correct name and dismissed the revision application.

Source excerpt

• Misjoinder of parties
• Employment contract
• Corporate personality
• Revision of arbitral award

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VITALIS SAFARI GEMBA

Court

TANZLII

The plaintiff failed to prove an employment relationship with the defendants or that the defendants used his image for commercial purposes. The companies allegedly involved were not parties to the suit, and the evidence did not establish liability against the named defendants. The suit was dismissed for lack of merit.

Source excerpt

• Personality rights
• Misappropriation of image
• Unjust enrichment
• Employment relationship
• Corporate personality

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SALEH AHMED ALAMARY VS SALEH SALIM ALAMRY COMM CASE NO

Court

TANZLII

There was no valid loan agreement between the Plaintiff and any of the Defendants because the 1st Defendant lacked authority to bind the 3rd Defendant and the 2nd Defendant was not a party. However, as the 3rd Defendant received the benefit of the loan, it is bound to restore the outstanding amount to the Plaintiff under section 65 of the Law of Contract Act. Claims for contractual interest and damages are denied as the contract is void.

Source excerpt

• Void contracts
• Authority of agents
• Restitution
• Corporate personality

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mrc motors t limited another vs netis tanzania limited 2022 tzhc 14852 23 november 2022

Court

TZHC

The law permits joinder of plaintiffs and causes of action where there is a joint interest or common question of law or fact, and the suit was properly instituted in Mwanza as the cause of action arose there and the defendant has a subordinate office in Mwanza. The preliminary objections lack merit and are dismissed.

Source excerpt

• Misjoinder of parties
• Cause of action
• Jurisdiction
• Corporate personality

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lindi express ltd vs infinite estate ltd 2022 tzhccomd 312 30 september 2022

Court

TZHCCOMD

The High Court Commercial Division dismissed a landlord-tenant rent claim after finding the defendant had proved the rent was settled through a set-off arrangement.

• Lease agreements
• Set-off
• Breach of contract
• Landlord and tenant
• Corporate personality
• Breach-of-contract

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