HERMIT INTERNATIONAL COMPANY LIMITED
The dispute was resolved by consent, with the terms of the deed of settlement recorded and a decree entered accordingly.
Source excerpt
- Breach of sale agreement
- Ownership dispute
- Injunction
- Damages
- Rescission
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DEOGRATIAS JOHN RUGABA Vs
Plaintiff proved ownership of mining licences and prospecting rights over the disputed land, but failed to prove on balance of probabilities that the defendant invaded the land and mined gravel; evidence was insufficient to link defendant to alleged excavation.
Source excerpt
- Land ownership
- Mining rights
- Burden of proof
- Compensation for minerals
- Royalty payments
VICTOR BATULE V
The court found that the Mining Commission, not the defendant, stopped mining activities and ordered demolition due to safety concerns. Plaintiffs failed to prove the defendant was responsible for the demolition or damages. Admitted government letters confirmed official action, not defendant’s liability.
Source excerpt
- Compensation for destruction of property
- Mining rights
- Liability for demolition
- Government orders
- Damages
canara bank t ltd vs tanzaland textile ltd 6 others 2022 tzhccomd 358 18 november 2022
The High Court found the borrower in default and held four guarantors liable, while exonerating the 5th and 6th defendants and ordering release of CT No. 79784.
- Loan default
- Guarantee liability
- Mortgage fraud
- Damages
- Interest
- Release of security
happy kaitiri brilo ta irene stationary anothrer vs international commercial bank t ltd 2022 tzca 286 18 may 2022
The appellants failed to prove repayment of the loan or authenticity of the mortgage discharge. The respondent's evidence, including bank statements and credible testimony, established the loan remained unpaid and the discharge was fraudulent.
Source excerpt
- Loan default
- Mortgage discharge
- Fraud
- Burden of proof
- Evidence evaluation
innocent buberwa kalemara vs standard chartered bank t ltd and another 2021 tzhc 4080 14 july 2021
The High Court held the bank was not justified in cancelling an undertaking after the plaintiff had already transferred property, and awarded general damages.
- Breach of undertaking
- Exclusion clauses
- Damages
- Mortgage facility
- Transfer of property
- Breach-of-undertaking
robanda village council vs ngome safari camp limited 2020 tzhc 3961 26 november 2020
The High Court of Tanzania found a valid lease agreement, held the defendant breached it by non-payment, and awarded partial contractual sums, mesne profits, damages, interest, and costs.
- Lease agreement
- Breach of contract
- Damages
- Mesne profits
- Breach-of-contract
- Lease-agreement
buragane microcredit co ltd and another vs mym africa ltd and others 2020 tzhccomd 36 17 april 2020
Commercial loan dispute over Tshs 100 million, contractual interest, and alleged mortgage security. Court awarded principal and interest, but refused sale of the land.
- Loan agreement
- Mortgage security
- Interest rate
- Privity of contract
- Guarantor liability
- Cheque dishonour
20190208 TZHC Dar es Salaam1
Ex parte judgment for the plaintiffs after defendants failed to defend a hire contract dispute over an excavator, unpaid hire charges, and continued retention of the machine.
- Breach of contract
- Unlawful retention of property
- Damages
- Interest
- Injunctive relief
- Breach-of-contract
mngese ally ijimbo vs crdb bank plc another 2016 tzhc 2311 14 december 2016
The High Court held that the borrower failed to prove any binding promise of a further loan, and ordered him to pay the outstanding balance after crediting payments made.
- Loan facility
- Mortgage
- Breach of contract
- Restructuring of loan
- Auction of mortgaged property
- Loan-facility
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