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Tanzania decisions
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The plaintiff’s claims do not fall under the categories of loss arising from fraud, misappropriation, or misuse of assets as contemplated by the cited regulations. Determining whether the claims fall under the regulations would require evidence, making the preliminary objection not a pure point of law. Therefore, the High Court retains jurisdiction and the preliminary objection is overruled.
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The Court of Appeal set aside a High Court judgment after finding the trial judge wrongly ignored an admitted exhibit without hearing the parties.
The Court of Appeal upheld dismissal of a bank-customer claim, finding the bank was justified in treating a large transfer as suspicious and protected by AMLA immunity.
The Court of Appeal held that the Deed of Undertaking did not expire on a fixed date, allowed CRDB Bank’s appeal, and dismissed the cross-appeal.
The defendant did not breach the banker's customer relationship as all transactions were authorized by the facility letter, which permitted direct payments to cashew unions and other agreed recipients; the plaintiff failed to prove unauthorized transactions or rebut the defendant's evidence.
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The High Court allowed a bank’s appeal, holding it was not liable for ATM withdrawals made by a third party after the customer had surrendered his card and credentials.
The High Court allowed a bank’s appeal, holding it was not liable for withdrawals made by a third party using the deceased customer’s ATM card and credentials.
The appellant did not breach any term of the loan facility agreement as there was no contractual obligation to manage the respondent's account; the High Court erred in finding breach and voidness. The respondents failed to repay the loan as agreed and are liable for breach. The loan facility transaction was not void under Tanzanian contract law.
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The defendant-counter claimant breached the loan facility agreements by failing to repay the loan as contracted. The plaintiff bank breached the banker-customer fiduciary relationship by making unauthorized deductions and failing to communicate the basis for such deductions or exchange rates applied. No sufficient evidence was provided to establish wrongful advice by the 2nd counter defendant. Reliefs are granted accordingly, offsetting the unauthorized deduction from the outstanding loan amount.
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The Court of Appeal held that the bank had no duty to avalise the bill, allowed recourse on dishonour, and ordered payment of the balance after set-off.
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