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Tanzania decisions
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The Court of Appeal upheld liability against the bank for unauthorised account debits, confirmed general damages, and allowed the cross-appeal on costs.
The Court of Appeal held that the High Court wrongly dismissed the appeal as time barred without verifying the trial record and the appellant’s request for judgment copies.
The High Court dismissed Exim Bank’s claim over a USD 3 million loan, finding the bank negligently allowed unauthorised withdrawals and breached its duties.
The High Court held that the mortgage over the Kibaha property was fraudulently procured, declared the plaintiff the owner, and dismissed the bank's counterclaim.
High Court of Tanzania allowed CRDB Bank PLC's appeal, holding the bank was not negligent in dishonouring a cheque for insufficient funds and setting aside the damages award.
The applicant satisfied all statutory conditions for stay of execution: the application was made without delay, substantial loss may result if stay is not granted, and a firm undertaking to provide security was given. Procedural irregularities did not prejudice the respondent or render the application incompetent.
Source excerpt
The applicant satisfied all statutory conditions for stay of execution: notice of appeal was lodged, the application was made without delay, substantial loss may result if stay is not granted, and a firm undertaking to provide security was given. Procedural irregularities did not prejudice the respondent or render the application incompetent.
Source excerpt
The Defendant bank debited the Plaintiff's account based on instructions not given by an authorized signatory, failed to exercise reasonable care in verifying the transaction, and acted negligently and in breach of contract. The Plaintiff is entitled to recovery of the debited sum, interest, and costs.
Source excerpt
The High Court held a collecting bank liable for wrongful conversion after processing a cheque intended for the customs authority and crediting another customer.
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