POWER ROADS TANZANIA LIMITED v. BANK OF AFRICA TANZANIA LIMITED, CIVIL APPEAL NO. 429 OF 2020

Abstract

Held: (i) Parties are bound by their pleadings, and it is not open for a court to base its decision on an unpleaded issue. (ii) Issues for determination in a suit generally drizzle from the pleadings, and unless the pleadings are amended per the provisions of Order VI rule 17 of the Civil Procedure Code, the trial Court in accordance with Order XX rule 5 of the Civil Procedure Code, may only pronounce judgment on the issues arising from the pleadings or such issues as framed at the commencement of trial. (iii) The function of pleadings is to give fair notice of the case to the opposite party so that he may prepare and direct his evidence on the issues recorded (iv) A Reporting person must strictly comply with the reporting requirements under section 17(1) of the Anti-Money Laundering Act (AMLA), which prohibits carrying out any activity on a suspicious transaction before reporting it to the Financial Intelligence Unit (FIU). Any delay or unauthorized action taken before reporting may constitute non compliance with the law.