The District Court lacked jurisdiction to entertain the matter as the claim amount of Tsh. 7,000,000/= falls within the pecuniary jurisdiction of the Primary Court; thus, the suit was wrongly instituted and tried in the District Court.
The defendant, having been duly served and failing to file a defence, is deemed to have admitted the plaintiff's claim, and the plaintiff has established entitlement to the outstanding sum, interest, and costs as per the contract and procedural rules.
The facility letter was valid and binding, executed by authorized officials with board approval. The 1st Defendant breached the facility agreement by failing to repay the loan and overdraft as agreed. The Deeds of Guarantee and Indemnity signed by the 6th and 7th Defendants were valid and binding, and those Defendants are liable as guarantors. The Plaintiff is entitled to recover the outstanding sums, interest, general damages, and costs from the 1st, 2nd, 3rd, 6th, and 7th Defendants jointly and severally.
The High Court granted default judgment for Vodacom Tanzania PLC after Tech Hub Limited failed to file a defence, awarding unpaid bulk SMS charges, interest, and costs.
The High Court entered ex-parte judgment for NMB Bank PLC, finding the defendant breached a staff loan agreement after employment termination and ordering repayment, interest, damages, and costs.
The High Court struck out a false defence after finding the defendant had admitted receiving the goods and had not specifically denied liability for interest.
Second appeal dismissed. The court found implied authority for payments made from the appellant’s money and held the respondent was not liable for the missing cattle.
The High Court held that the defendant had not proved the repair charges were excessive and entered judgment for the plaintiff for TZS 27,094.90 plus costs.