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Tanzania decisions
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The High Court allowed an appeal against a garnishee order, holding the magistrate’s court was functus officio after the parties’ settlement was recorded closed.
Applicants demonstrated sufficient cause for delay, including active steps taken and existence of an arguable illegality in the Deputy Registrar's decision. The court found the applicants had accounted for the delay and that the issue of the Deputy Registrar questioning a compromise decree entered by a High Court Judge raised a point of law justifying extension. Extension of time was therefore granted.
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The court upheld the parties' settlement, awarding the Ilangamoto plot to the applicant and confirming other District Court orders, except for the previous exclusive award of the Ilangamoto plot to the respondent, which was revoked.
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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.
The CMA acted without jurisdiction by reopening a dispute already settled by certificate of settlement and issuing an arbitral award on matters outside the settlement agreement. The Arbitrator was functus officio and all proceedings and decisions after the settlement are nullified.
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The court recognized and enforced the final settlement award as a judgment and decree, holding that omission to cite section 83(1) was not fatal due to the overriding objective principle and the parties' consent.
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The High Court upheld a CMA consent order on union access, finding no proof of illegality and holding the settlement was binding and valid.
The court dismissed Ecobank’s claim for unpaid loan balances, finding the bank failed to prove an alleged mistaken USD 1 million credit and clearance letter were erroneous.
The court found that the parties had lawfully settled the matter and, in accordance with the Civil Procedure Code, recorded the deed of settlement as a decree of the court, thereby disposing of the application.
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The High Court allowed a matrimonial appeal, granted a decree of divorce, and upheld the parties’ agreed arrangements for child custody and maintenance.
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