Tanzania Case Law

MIHAMBO SELELI MASUNGA VS SME IMPACT FUND TANZANIA LIMITED AND OTHERS

Court

TANZLII

The applicant failed to demonstrate that the attached properties were not part of the mortgage collateral and did not prove irreparable loss or that the balance of convenience favoured him. The documentation showed the collateral included all machinery at the premises, and losses claimed were compensable by damages.

Source excerpt

• Temporary injunction
• Mortgage enforcement
• Collateral attachment
• Irreparable loss
• Balance of convenience

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KAHAMA OIL Judgment 29

Court

TANZLII

The plaintiffs failed to prove on a balance of probabilities that the 2nd defendant did not disburse funds or that KOM Group of Companies Limited of Nairobi Kenya is a legal entity. Evidence established that all loan facilities were disbursed as per agreements, including via escrow accounts, and that plaintiffs defaulted on repayments. The defendants did not breach the facility agreements; rather, the plaintiffs breached by failing to repay. The counterclaim for the outstanding debt is upheld.

Source excerpt

• Syndicated loans
• Loan default
• Breach of contract
• Guarantees and mortgages
• Counterclaim
• Burden of proof

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alliance finance corporation ltd vs hamidu juma mpambalyoto 2023 tzhccomd 214 10 july 2023

Court

TZHCCOMD

Default judgment in a commercial loan dispute. The court held the defendant breached two loan agreements and ordered payment of TZS 89,186,012, plus damages, costs and interest.

• Loan default
• Breach of contract
• Damages
• Interest on judgment debt
• Breach-of-contract
• Loan-default

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

Court

TZHCCOMD

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…

Source excerpt

• Syndicated loans
• Letters of credit
• Standby letters of credit (sblc)
• Loan syndication
• Security trustee arrangements
• Breach of contract

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EAST AFRICA DEVELOPMENT BANK VS NYAKIRANGANI CONSTRUCTION LTD MISC COMM APPLICATION NO

Court

TANZLII

The application is barred by the doctrines of res judicata, functus officio, issue estoppel, and constructive res judicata because the issue of ownership and the right to repossess the leased equipment was already determined in Commercial Case No. 107/2019, where the court found the purchase option had been exercised and the applicant's remedy is limited to execution of the monetary decree, not repossession.

Source excerpt

• Financial leasing
• Repossession of leased assets
• Res judicata
• Functus officio
• Issue estoppel
• Constructive res judicata

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quality group limited vs eastern and southern africa trade and development bank ta trade and development bank tdb 2022 tzhccomd 296 8 september 2022

Court

TZHCCOMD

The High Court granted Quality Group Limited an extension of time to file a notice of appeal out of time, finding arguable illegality points on forum and statutory notice.

• Extension of time
• Illegality as ground for extension
• Choice of forum clause
• Service of statutory notice
• Mortgage enforcement
• Extension-of-time

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ernest tarimo vs jasiri creditors ltd v2ors 2022 tzhc 14762 30 june 2022

Court

TZHC

The agreement between the appellant and respondents was valid and enforceable as it met all legal requirements, and the appellant failed to honor his obligations under the contract. The legality of the first respondent's business was not challenged at trial and does not affect the enforceability of the contract.

Source excerpt

• Validity of contract
• Money lending
• Guarantee
• Registration of money lenders
• Sanctity of contract

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quality group limited v eastern and southern africa trade and development bank ta trade and development bank 2022 tzhccomd 58 11 march 2022

Court

TZHCCOMD

The High Court refused to extend time to challenge a 2019 judgment, finding no illegality in delivery of mortgaged property and no sufficient explanation for 769 days of delay.

• Extension of time
• Illegality as ground for extension
• Third party mortgage
• Summary procedure
• Setting aside judgment
• Extension-of-time

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intergrated property investment ltd others vs company for habitat and housing in africa 2018 tzca 556 24 december 2018

Court

TZCA

The Court of Appeal dismissed a challenge to a summary judgment, holding the appellants should first have sought to set aside the decree rather than appeal on merits.

• Summary procedure
• Right to be heard
• Setting aside decree
• Loan agreements
• Personal guarantees
• Summary-procedure

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integrated property investment others vs company for habitat and housing in africa 2018 tzca 349 20 december 2018

Court

TZCA

The Court of Appeal dismissed a challenge to a summary judgment, holding the appellants should have moved to set aside the decree rather than appeal directly.

• Summary suits
• Mortgage enforcement
• Personal guarantees
• Right to be heard
• Setting aside ex-parte judgments
• Summary-judgment

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