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Tanzania decisions
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The High Court dismissed a civil appeal over a timber supply dispute, upholding the trial court’s decision that the appellant failed to prove her claim and that the respondent proved his counterclaim.
The High Court dismissed BZM Logistics’ claim for container detention charges, finding no proof of instructions or promise to pay. It partly allowed the counterclaim.
The amendment of the Written Statement of Defence to add a counterclaim is granted because it serves the interests of justice by enabling the court to determine all matters in controversy in a single suit, avoids multiplicity of proceedings, and does not cause injustice to the plaintiffs.
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The Court of Appeal dismissed both the appeal and cross-appeal, holding that neither party specifically pleaded and strictly proved its claimed fuel-account balance.
Leave to defend is granted because the applicant established a triable issue regarding the amount of unremitted contributions, which is disputed and partially acknowledged by the respondents; other grounds, including counterclaim and procedural challenge, are insufficient for leave.
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The appeal is dismissed because Civil Case No 206 of 2020 and Civil Case No 22 of 2023 are distinct and unrelated; the appellant failed to challenge the judgment and decree in Civil Case No 206 of 2020 within the prescribed time, and Civil Case No 22 of 2023 does not qualify as a counterclaim. The District Court acted properly in ordering execution to proceed and not evaluating evidence from the fresh suit.
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Respondent failed to prove entitlement to full claimed amounts; only Tshs. 1,100,000/- (comprising unpaid debt, machine hire fees, and value of scale) was established. Oral agreement for sale of machine raised as counterclaim during defence, respondent not heard, thus validity and payments under that agreement to be determined afresh by competent court.
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The Tribunal erred by raising the issue of locus standi suo moto at the judgment stage without inviting parties to address it, thereby violating the fundamental right to be heard. The judgment is nullified and the Tribunal is directed to compose a fresh judgment based on the pleadings and evidence.
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The High Court stayed this commercial suit as res sub judice to an earlier land case pending appeal at the Court of Appeal of Tanzania.
Trial court erred by awarding refund, compensation, and punitive damages not pleaded or proved; respondent defaulted on loan, appellant entitled to recover outstanding balance and penal interest; counterclaim dismissal was improper; insufficient evidence to support repair or replacement orders for vehicle.
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