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Tanzania decisions
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The defendant, having been duly served and failing to file for leave to defend or appear, is deemed to have admitted the plaintiffs' claims. The reliefs sought fall within the scope of the summary procedure, and the plaintiffs are entitled to judgment for the unremitted contributions, penalties, interest, and costs.
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The High Court of Tanzania dismissed most of an employee-borrower’s appeal over staff loans, upholding default liability, notice service, damages, interest, and costs.
The appellant is vicariously liable for the loss caused by its employees' negligence, as established by their conviction. The contract covered all property on the respondent's premises, including third-party property. The respondent proved specific damages through unchallenged tax invoices. The trial court's award of interest at the maximum rate was not justified and is reduced to 7% per annum from the date of judgment.
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The appellant proved entitlement to medical and funeral expenses but failed to strictly prove the claim for pecuniary benefit. The general damages awarded by the trial court were justified given the lack of further evidence. The interest awarded by the trial court was incorrect and is replaced with the statutory court rate of 7% per annum from the date of judgment to payment. The appeal is dismissed except for the adjustment of interest and reasoning for general damages.
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The defendant was properly served but failed to file any defence or application for leave to defend. The plaintiffs' claims were supported by documentary evidence. The law deems the plaint's allegations admitted in an undefended summary suit, justifying summary judgment for the claimed amount.
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The High Court found the borrower in default and held the guarantors jointly and severally liable for the outstanding loan, interest, damages, and costs.
The defendant's failure to remit statutory contributions and accrued penalties, coupled with failure to prosecute its application for leave to defend, entitles the plaintiffs to summary judgment for the claimed sums, interest, and costs.
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The Respondent failed to prove the loan amount of TZS 30,800,000/=; only TZS 9,190,000/= was proved as advanced and not repaid. The award of general damages was unjustified as no basis was provided. The lack of stamp duty on the loan agreement was an irregularity not affecting the validity of proceedings. Collateral documents not pleaded in the original plaint were expunged. Each party to bear its own costs.
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The High Court held that Gross Investments Limited breached a settlement deed by failing to pay agreed instalments for supplied building materials.
Ex parte judgment for breach of a motor vehicle sale agreement, awarding specific damages, general damages, interest, and costs against both defendants.
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