Misc
The applicant's affidavit raised triable issues sufficient to warrant leave to appear and defend the summary suit as required by law.
Source excerpt
- Summary suit procedure
- Leave to defend
- Surety liability
- Triable issues
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Tanzania Case Law
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CIVIL APPEAL NO
The suit was time barred because the cause of action arose in 2013 when Shivacom defaulted, and the suit was filed eight years later, exceeding the statutory six-year limitation period for contract claims. The cause of action does not wait for arbitral award or court decree to be ascertained.
Source excerpt
- Limitation of actions
- Surety liability
- Performance bond enforcement
- Joinder of parties
vodacom tanzania public limited company vsthe jubilee insurance company of tanzania limited 2021 tzhccomd 3387 15 october 2021
The High Court dismissed a commercial suit as time barred, holding that the cause of action arose in 2013 when the performance bond was refused and no timely suit followed.
- Limitation of actions
- Performance bonds
- Surety liability
- Cause of action
- Arbitration
- Limitation-of-actions
CIVIL APPEAL NO
The compromise of suit in Commercial Case No. 106 of 2017, entered without the guarantors' consent, constituted a novation and discharged the appellants from liability under the guarantee agreements. The subsequent suit against the guarantors was not maintainable as the respondent had no cause of action after the decree.
Source excerpt
- Guarantee discharge
- Novation
- Res judicata
- Surety liability
petro masonda vs republic 2019 tzhc 2180 22 october 2019
The High Court quashed a conviction and sentence entered in absentia, finding a defective alternative charge, an illegal sentence, and procedural errors affecting the surety.
- Conviction in absentia
- Illegal sentencing
- Defective charge
- Surety liability
- Mob justice
- Admissibility of evidence
20140303 TZHC Sumbawanga
After a nolle prosequi is entered, both the accused and the surety are discharged from liability under the bail bond, and the State has no recourse against the surety for the bond previously executed.
Source excerpt
- Bail
- Surety liability
- Nolle prosequi
- Forfeiture of bond
20090506 TZHC Mwanza
The High Court allowed a criminal appeal by a surety convicted of aiding escape, holding the plea was equivocal and the evidence did not prove mens rea.
- Aiding escape
- Surety liability
- Plea of guilty
- Mens rea
- Forfeiture of recognizance
- Criminal-law
azania bancorp ltd vs fredrick oldenburg 2003 tzhc 39 15 july 2003
Ex parte High Court decision holding a guarantor liable for a company’s defaulted bank loan, with orders for principal, interest, penal interest, and costs.
- Guarantee and indemnity
- Loan recovery
- Surety liability
- Guarantee-and-indemnity
- Loan-recovery
- Surety-liability
azania bancorp ltd vs fredrick oldenburg 2003 tzhc 64 15 july 2003
Ex parte judgment against a guarantor for a defaulted bank loan. The High Court held the defendant liable under the guarantee and ordered payment plus interest and costs.
- Guarantee and indemnity
- Loan recovery
- Surety liability
- Guarantee-and-indemnity
- Loan-recovery
- Guarantor-liability
20030715 TZHC Dr es Salaam
Ex parte judgment holding a guarantor liable for a company’s unpaid bank debt after default by the principal debtor.
- Guarantee and indemnity
- Loan recovery
- Surety liability
- Guarantee-and-indemnity
- Loan-recovery
- Surety-liability
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