RUHINDA JUDGMENT
The High Court allowed CRDB Bank’s appeal, finding the first respondent was not proved to live in the mortgaged house and the bank was not negligent.
- Matrimonial home
- Spousal consent
- Mortgage
- Collateral
- Negligence
- Matrimonial-home
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NMB BANK PLC scanned
The High Court’s Land Division held that a fourth defendant had mortgaged her property to secure a bank loan, and ordered vacant possession for sale after default.
- Mortgage enforcement
- Loan default
- Vacant possession
- Right of sale
- Mortgage-enforcement
- Loan-default
pontrilas investments limited v central bank of kenya and another appeal no2 of 2023 2025 eacj 9 4 march 2025
The Trial Court committed procedural irregularity by bifurcating and separately determining the jurisdictional issue after previously ruling, and being affirmed on appeal, that the issue was of mixed law and fact requiring full hearing. The Appellant was denied a fair hearing due to lack of adequate notice and opportunity to present evidence, contrary to the rule of law and fair trial principles under the Treaty.
Source excerpt
- Jurisdiction
- Fair hearing
- Institutional status under treaty
- Procedural irregularity
- Bifurcation of proceedings
CIVIL APPLICATION NO
The application was struck out because the applicants failed to comply with Rule 11 (4) and 11 (7) (d) of the Tanzania Court of Appeal Rules, 2009, by not attaching a notice of execution issued by the executing officer. A notice from the Registrar of Titles is not sufficient, and without a pending execution process, the Court cannot grant a stay of execution or invoke its inherent jurisdiction under Rule 4 (2).
Source excerpt
- Stay of execution
- Compliance with court rules
- Jurisdiction
- Execution proceedings
Jdgment palemony
The High Court ordered a bank to return security documents retained after performance guarantee dealings and awarded TZS 20 million in general damages.
- Breach of contract
- Bank guarantee
- Security documents
- Damages
- Banking-law
- Contract-breach
Mount vs NCBA Scnd 16
The court is satisfied that the parties have lawfully compromised the suit through a deed of settlement, and accordingly records the settlement as a consent judgment, binding all parties and marking the matter as settled and withdrawn.
Source excerpt
- Loan restructuring
- Consent judgment
- Settlement agreement
- Mortgage enforcement
CHRISTOME JUDGMENT DRAFT EDITED 1
The High Court of Tanzania dismissed most of an employee-borrower’s appeal over staff loans, upholding default liability, notice service, damages, interest, and costs.
- Loan default
- Notice of default
- Secured transactions
- General damages
- Interest on judgment debt
- Costs of suit
ARUSHA CITY SCHOOL LTD
The applicant satisfied all three conditions for grant of an interim injunction as established in Atilio v. Mbowe; the court found that there is a serious issue to be tried, irreparable harm would result if the property is disposed of, and the balance of convenience favors the applicant. Therefore, the application for interim orders is granted.
Source excerpt
- Interim injunction
- Status quo orders
- Breach of contract
- Loan security
- Irreparable harm
Jalalu Swalehe vs Finca
Second appeal in a loan dispute dismissed after the High Court found the borrower accepted and used the funds, but failed to prove breach or covered loss.
- Loan agreement
- Specific performance
- Breach of contract
- Insurance coverage
- Pleadings
- Evidence assessment
Ruling CRDB BANK PLC V TANGANYIKA GENERAL
The High Court held that CRDB Bank had a subsisting security interest in Mining Licence No. 483/2013 and released it from attachment in execution.
- Objection to attachment
- Execution of decree
- Mortgage of property
- Priority of security interests
- Objection-to-attachment
- Execution-of-decree
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