Tanzania Case Law

crdb bank plc vs true colour limited another 2021 tzca 3533 21 december 2021

Court

TZCA

The trial court erred in law and fact by relieving the first respondent from liability to pay the outstanding loan balance after the sale of mortgaged property, as there is no legal basis for discharge of the borrower absent negligence or bad faith by the mortgagee. The mortgagee retains the right to pursue the balance of the loan.

Source excerpt

• Mortgagee's duty of care
• Sale of mortgaged property
• Outstanding loan liability
• Forced sale value
• Bonafide purchaser

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joly finance limited vs subira said mganga 4 others 2021 tzhclandd 6916 14 december 2021

Court

TANZLII

The High Court allowed a land appeal, holding that the lender discharged its duty by obtaining an affidavit of spousal consent and that the tribunal misdirected itself.

• Spousal consent
• Mortgage enforcement
• Matrimonial property
• Doctrine of estoppel
• Spousal-consent
• Mortgage-enforcement

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yusuph hamisi kitumbo vs maendeleo bank plc 2021 tzhccomd 3315 12 august 2021

Court

TZHCCOMD

The High Court dismissed an application for leave to defend a summary suit after the applicant and counsel failed to appear, with no order as to costs.

• Summary suit
• Leave to defend
• Dismissal for want of prosecution
• Dismissal-for-want-of-prosecution
• Leave-to-defend
• Summary-suit

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ce holding limited and 3 others vs international commercial bank tanzania limited 2020 tzhccomd 2094 20 november 2020

Court

TZHCCOMD

The High Court granted unconditional leave to defend a summary suit, finding triable issues over the credit facility documents and holding that summary procedure is not limited to mortgagors.

• Summary procedure
• Leave to defend
• Mortgage enforcement
• Guarantee liability
• Credit facility agreements
• Summary-procedure

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jomo kenyatta traders ltd others vs national bank of commerce 2020 tzca 212 20 april 2020

Court

TZCA

The suit did not fall under summary procedure as it involved parties who had not executed any mortgage deeds; summary judgment was improperly entered against appellants who were not mortgagors; the High Court lacked authority to enter summary judgment in these circumstances.

Source excerpt

• Summary judgment
• Jurisdiction
• Mortgage enforcement
• Commercial transactions

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20190906 TZHC Mbeya

Court

TZHC

The High Court dismissed a land appeal challenging a sale of a matrimonial home, holding that spousal consent was proved and the appellant bore the burden of disproving it.

• Spousal consent
• Burden of proof
• Admissibility of evidence
• Spousal-consent
• Mortgage-law
• Burden-of-proof

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messiah livingstone nzowa vs crdb bank plc others 2019 tzhc 15792 22 august 2019

Court

TZHC

Where a respondent admits all allegations, there are no triable issues and no right to be heard is violated; the Appellant failed to prove existence of marriage or necessity of consent; procedural complaints were unfounded as admissions obviated need for defence.

Source excerpt

• Right to be heard
• Mortgage of matrimonial property
• Judgment by admission
• Procedural irregularity

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DIAMOND TRUST BANKT LTD VS PETROSOL T LTD COMM CASE NO 33 OF 2017 RULING HON

Court

TANZLII

The suit is not a possession suit but a summary suit for recovery of a debt arising out of mortgage, and the plaint substantially complies with the requirements of Order XXXV Rule 6 (1) (b) of the Civil Procedure Code; therefore, the preliminary objection is devoid of merit and is dismissed.

Source excerpt

• Summary suits
• Mortgage debt recovery
• Pleadings requirements
• Preliminary objections

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nam enterprises limited others vs commercial bank of africa tanzania limited 2016 tzhccomd 2061 23 may 2016

Court

TZHCCOMD

The High Court struck out an application for leave to defend a mortgage recovery summary suit after finding the applicants cited the wrong procedural provisions.

• Summary suit procedure
• Leave to defend
• Jurisdiction
• Mortgage financing
• Proper citation of legal provisions
• Summary-suit-procedure

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felix gamaliel mosha another vs exim bank t limited 2016 tzhccomd 2 12 may 2016

Court

TZHCCOMD

The applicants failed to provide proof that the loan or any part of it had been paid or that the loan was never taken, as required by Order XXXV Rule 3(1)(c) of the Civil Procedure Code, Cap 33 [R.E 2002] for summary suits involving mortgages. Therefore, the application for leave to appear and defend the suit was dismissed for lack of merit.

Source excerpt

• Summary suit
• Leave to defend
• Loan recovery
• Mortgage enforcement

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