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Tanzania decisions
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The High Court upheld a CMA decision dismissing a labour revision over a mutual separation agreement, finding no proof of fraud, undue influence, or trick.
The High Court complied with all mandatory procedural requirements after the caveat was entered, and the proceedings were conducted as a contentious suit with special pleadings. The will was regular on its face, properly executed, and attested, and the appellant failed to prove any invalidity, undue influence, or forgery. The appellant was not disinherited, having received a share as per the will, and the testator's wishes must be respected. The appeal lacked merit and was dismissed.
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The High Court held that the parties had a binding supply relationship, upheld the MOU as evidence of debt, and awarded the Plaintiff the unpaid balance, interest, general damages, and costs.
Second appeal over a disputed paddy-supply contract succeeded after the High Court found no proof of consideration and irregular execution of the agreement.
The court held that the overdraft facility was not converted into a long term loan due to non-compliance with conditions, the debt was not fully paid as interest continued to accrue, the settlement agreement was not signed under undue influence, and the appellants acknowledged the outstanding amount and agreed to the calculation. The appeal was dismissed for lack of merit.
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The overdraft facility was not converted into a long term loan as the appellants failed to comply with the conditions set by the respondent. The debt was not fully paid as interest continued to accrue after the contractual period expired. The settlement agreement was not signed under undue influence, and the appellants acknowledged the outstanding debt and agreed to the calculation of interest. The appeal lacked merit and was dismissed with costs.
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The court found that the purported lien instrument was not signed by the 1st plaintiff and was therefore not authentic. Even if it had been, the defendant bank breached its duty of care by failing to notify and obtain consent from both joint account holders and by not advising the plaintiffs to seek independent legal advice. The bank's actions were negligent and unauthorized, entitling the plaintiffs to relief.
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The High Court of Tanzania found a bank wrongfully debited joint accounts to secure a third party debt, held the lien invalid, and awarded damages to the plaintiffs.
Commercial debt recovery dispute over petroleum supplies. The High Court held the defendant knowingly signed a settlement agreement and entered judgment for the plaintiff.
In an ex parte civil case, the High Court held the plaintiff had not proved that an agreement to secure her son’s release was illegal, so the declaration was refused.
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