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Tanzania decisions
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The High Court held that the plaintiffs remained liable as guarantors and mortgagors, and dismissed their challenge to Azania Bank’s sale of the property.
The defendant breached the banker-customer relationship by withdrawing the entire USD 13,000,000.00 from the plaintiff's account after the expiry of the deed of undertaking, which only authorized deductions within a specific period and up to 40% of TANESCO payments. The defendant was only entitled to deduct 40% of the received amount, not the full sum. The plaintiff failed to prove loss of business or entitlement to claimed compensation and interest beyond the refund and court interest.
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Failure to join Mogas Tanzania Limited, a necessary party, rendered the High Court proceedings a nullity because the dispute could not be effectually and completely adjudicated without Mogas being joined.
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The High Court held Azania Bank liable for clearing forged cheques contrary to mandate and awarded the plaintiff the fraud loss, general damages, and interest.
The appellant breached the loan agreement by attempting to transfer loan proceeds to a third party instead of the named supplier, deviating from the agreed purpose and exposing the respondent to financial risk. The respondent was justified in blocking the transfer and crediting the amount to the loan account as a recovery measure. The trial court's findings on the main issues were correct, and the appeal lacked merit.
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The Court of Appeal partly allowed the bank's appeal, setting aside fraud findings and general damages, but upholding release of title and refunds.
The High Court held that NMB Bank did not breach confidentiality because it accessed the plaintiff’s account in compliance with valid garnishee orders.
The High Court held that Spice Vas Tanzania failed to prove Stanbic Bank breached the NBOL agreement or any duty of care in disputed online payments.
The appellant breached the duty of confidentiality by disclosing respondent's financial information to a third party without consent. General damages were properly awarded but punitive/exemplary aspects were wrongly considered without specific pleading or proof. The quantum of damages was reduced to Tshs. 50,000,000/=.
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The appellant breached its fiduciary duty by failing to promptly inform the respondent of the garnishee order, justifying refund and general damages; issues not raised at trial cannot be raised on appeal.
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