bank of africa tanzania ltd vs safe line travels ltd seven others 2023 tzhccomd 21 10 february 2023

bank of africa tanzania ltd vs safe line travels ltd seven others 2023 tzhccomd 21 10 february 2023

The plaintiffs' properties were not properly mortgaged to secure the 2017 facility as no new mortgage agreements were executed after 2013, and the bank failed to serve default notices or prove valid consents. Plaintiffs' liabilities ended with the 2013 facility, and the bank's continued retention of title deeds was unjustified.

Citation
bank of africa tanzania ltd vs safe line travels ltd seven others 2023 tzhccomd 21 10 february 2023
Parties
Plaintiff (main Suit), Defendant (counter Claim): Bank of Africa Tanzania Limited; 1st Defendant (main Suit): Safe Line Travels Limited; 2nd Defendant (main Suit): Jerry Edward Ngewe (as administrator of estate of the late Pumphrey Halman Luwanja); 3rd Defendant (main Suit): Jamila Khalfani Mbaraka (as administrator of estate of the late Mbaraka Swaibu Yusuph); 4th Defendant (main Suit), 2nd Plaintiff (counter Claim): Agnes Fellicia Njabili; 5th Defendant (main Suit), 3rd Plaintiff (counter Claim): Mukola-Kaa Eddie Jacob Nkurlu; 6th Defendant (main Suit): Aimtonga Nkurlu; 7th Defendant (main Suit): Hessabia Luwanja; 8th Defendant (main Suit): Fatma Fazal Esmael; 1st Plaintiff (counter Claim): Pumphley Halman Luwanja
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
10 February 2023
Procedural Posture
Commercial Case With Counter Claim / Judgment After Dismissal of Main Suit for Want of Prosecution; Determination of Counter Claim
Outcome
Judgment for plaintiffs in counter claim; main suit dismissed for want of prosecution
Legal Topics
Mortgage, Guarantee, Loan Facility, Discharge of Surety, Return of Title Deeds, General Damages
Source Language
English
Banking Law Contract Law Property Law Mortgage Guarantee Loan Facility Discharge of Surety Return of Title Deeds +1 more

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Parties

Bank of Africa Tanzania Limited

Plaintiff (main Suit), Defendant (counter Claim)

Safe Line Travels Limited

1st Defendant (main Suit)

Jerry Edward Ngewe (as administrator of estate of the late Pumphrey Halman Luwanja)

2nd Defendant (main Suit)

Jamila Khalfani Mbaraka (as administrator of estate of the late Mbaraka Swaibu Yusuph)

3rd Defendant (main Suit)

Agnes Fellicia Njabili

4th Defendant (main Suit), 2nd Plaintiff (counter Claim)

Mukola-Kaa Eddie Jacob Nkurlu

5th Defendant (main Suit), 3rd Plaintiff (counter Claim)

Aimtonga Nkurlu

6th Defendant (main Suit)

Hessabia Luwanja

7th Defendant (main Suit)

Fatma Fazal Esmael

8th Defendant (main Suit)

Pumphley Halman Luwanja

1st Plaintiff (counter Claim)

Procedural Posture

Commercial Case With Counter Claim / Judgment After Dismissal of Main Suit for Want of Prosecution; Determination of Counter Claim

Legal Issues

  1. 1 Whether the plaintiffs' properties were properly mortgaged to secure credit facilities advanced after 2013
  2. 2 What reliefs are parties entitled to in the counter claim

Ratio Decidendi

The plaintiffs' properties were not properly mortgaged to secure the 2017 facility as no new mortgage agreements were executed after 2013, and the bank failed to serve default notices or prove valid consents. Plaintiffs' liabilities ended with the 2013 facility, and the bank's continued retention of title deeds was unjustified.

Court Disposition

Judgment for plaintiffs in counter claim; main suit dismissed for want of prosecution

Orders

  • Bank of Africa Tanzania Limited to unconditionally return original certificates of title to the plaintiffs
  • Bank to pay each plaintiff TZS 5,000,000 as general damages for unjustifiable withholding of certificates