Tanzania Case Law

rajiv bharat bhesania another vs hardeep kaur chaggar another 2024 tzhccomd 4 15 january 2024

Court

TZHCCOMD

Declaration of Trust is illegal, null and void as it contravenes Articles of Association, Tanzanian company and land laws, and was executed in conflict of interest; all changes in company structure based on Declaration of Trust are irregular and must be expunged; company secretary breached trust and must convene meetings; Petitioners entitled to reliefs sought.

Source excerpt

• Unfair prejudice
• Trusts
• Shareholding
• Directors' duties
• Foreign land ownership
• Company meetings

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immakulata alois mitoto vs david milinga 2023 tzhc 23218 11 december 2023

Court

TZHC

The appeal failed because the appellant did not provide sufficient evidence to prove ownership or withdrawal of the claimed amount, nor that the money was entrusted to the respondent. The trial court erred in relying on an annexure not admitted as evidence, but this did not affect the outcome as the appellant failed to discharge the burden of proof.

Source excerpt

• Burden of proof
• Trusts
• Evidence admissibility

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ilela village council vs ansaar muslim youth center another 2021 tzca 181 7 may 2021

Court

TZCA

Ansaar Muslim Youth Centre lacked legal standing to sue or be sued; only the Registered Trustees of Ansaar Muslim Youth Centre could institute proceedings. Applications and appeals brought in the name of Ansaar Muslim Youth Centre were nullities, and all resulting proceedings, judgments, and orders are void.

Source excerpt

• Locus standi
• Corporate identity
• Trusts
• Jurisdiction
• Nullity of proceedings

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new arusha hotel limited vs the registrar of companies and 69 others 2020 tzhc 4631 24 december 2020

Court

TZHC

The High Court allowed a company to compulsorily sell untraceable shareholders’ paid-up shares, subject to strict notice, publication, auction, and reporting safeguards.

• Untraceable shareholders
• Compulsory share sale
• Company registry compliance
• Trusts for untraceable shareholders
• Court supervision of share sale
• Company-law

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GASLAMP HOLDINGS CORP VS PERCY BEDA MWIDADI COMM CASE NO

Court

TANZLII

The High Court held that shares in Gold Tree Tanzania Limited were held in trust for Gaslamp Holdings Corp, and awarded USD 5.1 million plus interest.

• Trust arrangements in company shareholding
• Breach of trust
• Wrongful allotment of shares
• Directors' appointments
• Loan recovery
• Permanent injunctions

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ABDALAH ALLY SELEMAN VS GAPCO T

Court

TANZLII

GAPCO breached Clause 2.8 of the Lease Agreement and Section 84 of the Land Act by mortgaging the plaintiff’s property without written consent; however, as no actual damages were proven, only general damages are awarded.

Source excerpt

• Lease agreements
• Breach of contract
• Mortgage without consent
• Damages
• Trusts

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20121031 TZHC Mwanza

Court

TZHC

Neither BAKWATA MUGANGO nor MAFURU KIRAKA were proper parties; the proceedings were instituted by a nonexistent entity against a person without locus standi. The appellate tribunal improperly called for additional evidence without application and failed to afford cross-examination rights.

Source excerpt

• Capacity to sue
• Locus standi
• Trusts
• Additional evidence on appeal

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20121031 TZHC Mwanza

Court

TZHC

Neither BAKWATA MUGANGO nor MAFURU KIRAKA had legal capacity or locus standi to sue or be sued in the proceedings; the tribunals erred in entertaining the matter between improper parties and in calling for additional evidence without proper application or procedure.

Source excerpt

• Capacity to sue
• Locus standi
• Trusts
• Additional evidence on appeal

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20110512 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal upheld the High Court’s application of Islamic succession law, holding that only one-third of the estate could pass under the will absent heirs’ consent.

• Validity of will
• Bequest limits under islamic law
• Administration of estate
• Trusteeship
• Distribution of estate to heirs
• Succession-law

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20030331 TZHC Bukoba

Court

TZHC

The High Court dismissed a civil appeal over a shamba inherited under a will, finding the respondent’s title clear and the appellant’s contrary claim unsupported.

• Will interpretation
• Inheritance
• Trusts
• Land ownership
• Will-interpretation
• Land-ownership

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