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Tanzania Case Law

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Banking law tsn oil tanzania limited others vs equity bank t limited another 2023 tzhccomd 361 3 november 2023

tsn oil tanzania limited others vs equity bank t limited another 2023 tzhccomd 361 3 november 2023

The Plaintiffs repaid all credit facilities to the Defendants using funds from Barak Fund. The SBLC Facility dated 26 March 2018 did not take effect as the secured event (a written loan agreement between all Plaintiffs and Barak Fund) never materialized, and no valid SBLC was issued under that facility. The Defendants' refusal to discharge collaterals after repayment constituted a breach. The Defendants' counterclaims failed for lack of proof and because the underlying facilities were not enforceable. The Plaintiffs are entitled to discharge of all collaterals, declaratory reliefs, general da…

  • Loan facility agreements
  • Standby letters of credit (sblc)
  • Mortgage discharge
  • Foreign loan registration
  • Breach of contract
  • Counterclaims in banking disputes
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Banking and finance nas hauliers ltd others vs equity bank t ltd another 2023 tzhccomd 110 19 april 2023

nas hauliers ltd others vs equity bank t ltd another 2023 tzhccomd 110 19 april 2023

The SBLC/LC facility agreement dated 22 May 2019 (Exh.P-3) was executed by all three Plaintiffs and the Defendants, but the secured event—a foreign loan facility from Lamar to all three Plaintiffs—never materialized. Only the 1st Plaintiff entered a facility agreement with Lamar (Exh.P-7), and the SBLC/LC contemplated under Exh.P-3 was never issued by the 2nd Defendant. The Letter of Credit (Exh.D-10) issued by the 2nd Defendant was not the SBLC/LC contemplated under Exh.P-3, but was instead based on a separate, undisclosed sale and buy-back transaction involving heavy equipment, for which no…

  • Syndicated loans
  • Letters of credit
  • Standby letters of credit (sblc)
  • Loan syndication
  • Security trustee arrangements
  • Breach of contract
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Banking law bank of baroda t ltd vs triangle t ltd hawa hamis ngumbi adminitrix of estate of the late ramadhani hamis 3 others 2023 tzhccomd 189 10 march 2023

bank of baroda t ltd vs triangle t ltd hawa hamis ngumbi adminitrix of estate of the late ramadhani hamis 3 others 2023 tzhccomd 189 10 march 2023

The court held that the deed of settlement signed by all parties was mutually consented to, satisfied the requirements of the law, and thus was adopted as the judgment and decree of the court, marking the suit as settled on the agreed terms.

  • Loan default
  • Mortgage enforcement
  • Guarantee liability
  • Deed of settlement
  • Consent judgment
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Banking law habib african bank ltd vs samora service station ltd 3 others 2022 tzhccomd 395 14 december 2022

habib african bank ltd vs samora service station ltd 3 others 2022 tzhccomd 395 14 december 2022

The High Court adopted a signed settlement in a commercial loan dispute, marking the case settled and entering judgment and decree on the agreed terms.

  • Loan recovery
  • Settlement agreement
  • Guarantee enforcement
  • Mortgage enforcement
  • Consent-judgment
  • Loan-recovery
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Banking commercial bank of africa t ltd vs simba tyres tz ltd 7 others main suit simba tyres ltd 7 others vs commercial bank of africa t ltd 2 others counter claim 2022 tzhcco

commercial bank of africa t ltd vs simba tyres tz ltd 7 others main suit simba tyres ltd 7 others vs commercial bank of africa t ltd 2 others counter claim 2022 tzhcco

Plaintiff proved indebtedness only to the extent of TZS 2,293,114,643.65 as of 30/08/2018 based on loan account statement; disposal of both movable and immovable securities was lawful; plaintiff entitled to recover proven debt from proceeds of disposed securities; counterclaim dismissed for lack of evidence.

  • Loan recovery
  • Guarantee liability
  • Disposal of mortgaged assets
  • Counterclaim
  • Interest calculation
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Banking law bank of india tanzania limited vsmussa ally silla and 1 another 2021 tzhccomd 3388 8 october 2021

bank of india tanzania limited vsmussa ally silla and 1 another 2021 tzhccomd 3388 8 october 2021

Summary judgment is granted as defendants were properly served, failed to file any defence, and are jointly and severally liable for repayment of the loan and enforcement of mortgage security.

  • Loan default
  • Mortgage enforcement
  • Summary judgment
  • Service by publication
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Banking law state oil tanzania limited vsequity bank tanzania limited and another 2021 tzhccomd 3351 1 october 2021

state oil tanzania limited vsequity bank tanzania limited and another 2021 tzhccomd 3351 1 october 2021

High Court of Tanzania held the defendants failed to issue the required SBLC/LC, making the related securities unenforceable and dismissing the counterclaims.

  • Standby letter of credit (sblc)
  • Facility agreements
  • Security interests
  • Foreign loan registration
  • Breach of contract
  • Banking regulation
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Banking bank of baroda t ltd vsfb contractors 2021 tzhccomd 3350 28 august 2021

bank of baroda t ltd vsfb contractors 2021 tzhccomd 3350 28 august 2021

The High Court of Tanzania upheld a bank’s claim for loan recovery, finding the mortgage and securities valid, the borrowers in default, and recovery procedures proper.

  • Loan default
  • Mortgage creation
  • Loan recovery procedures
  • Guarantee enforcement
  • Loan-default
  • Mortgage-enforcement
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.