Shabbir Moosa versus Inchcape Shipping Services and Another

Shabbir Moosa versus Inchcape Shipping Services and Another; Commercial Case No 110 of 2012: High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).                     

• Evidence

• Standard of proof – what is the standard of proof of fraud in civil cases?

• Civil procedure

• Pleadings – allegations of fraud – how the same should be pleaded?

Held:-

(i) It is now established that when the question whether someone has committed a crime is raised in civil proceedings, that allegation need be established on a higher degree of probability than that which is required in ordinary civil cases.  (Cited Omari Yusuph v. Rahma Ahmed Abdulkadir (1987) TLR 169).

(ii) Allegation of fraud... (must be) sufficient enough to specifically plead fraud as expected under Order 6, Rule 2 by giving full particulars of fraud and dates where they are relevant.  (Cited Musoke v. Mayanja ( 1995 – 1998) 2 EA 205) ].