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Tanzania Case Law

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Civil procedure azania bank limited vs solohaga company limited and yara tanzania limited and santana investment limited 2021 tzhccomd 3462 7 december 2021

azania bank limited vs solohaga company limited and yara tanzania limited and santana investment limited 2021 tzhccomd 3462 7 december 2021

The High Court dismissed an objection to execution, holding that the auction had already been completed and the sale declared absolute, leaving no pending attachment to challenge.

  • Objection proceedings
  • Execution of decree
  • Attachment and sale of movable assets
  • Chattel mortgage
  • Company asset security
  • Illegality of security transactions
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Civil procedure 20201012 TZHC Dar es Salaam

20201012 TZHC Dar es Salaam

The High Court dismissed the suit and counterclaim as res judicata, holding that a prior judgment in Commercial Case No. 33 of 2016 covered the same parties and subject matter.

  • Res judicata
  • Jurisdiction
  • Chattel mortgage
  • Counterclaim
  • Res-judicata
  • Civil-procedure
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Banking law kcb bank tanzania limited vs sunlon general building constructors ltd others 2016 tzhccomd 2024 18 february 2016

kcb bank tanzania limited vs sunlon general building constructors ltd others 2016 tzhccomd 2024 18 february 2016

The High Court held that KCB Bank Tanzania had fulfilled its financing obligations for a truck-and-trailer purchase, and entered judgment for the bank.

  • Loan facility
  • Breach of contract
  • Guarantees
  • Chattel mortgage
  • Debenture
  • Personal guarantee
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Banking law KCB BANK T LTD VS SUNLON GENERAL BUILDING COMM CASE NO

KCB BANK T LTD VS SUNLON GENERAL BUILDING COMM CASE NO

The plaintiff fulfilled its contractual obligations by disbursing the agreed loan amounts to the suppliers for the acquisition of the truck and trailer. The defendants failed to provide credible evidence of having paid their 20% contribution or to prove the plaintiff's alleged breach. The defendants are in breach of contract for failing to repay the loan and are jointly and severally liable for the outstanding debt and interest.

  • Loan facility
  • Breach of contract
  • Guarantee
  • Chattel mortgage
  • Debenture
  • Interest rates
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Banking law NATIONAL BANK OF COMMERCE LTD VS GRACIOUS ERNEST MBEMBATI COMM CASE NO

NATIONAL BANK OF COMMERCE LTD VS GRACIOUS ERNEST MBEMBATI COMM CASE NO

The court held that the plaintiff proved the outstanding debt, but the 1st defendant was entitled to set off THz 42,000,000 as his contribution to the truck purchase, with interest, due to the bank's failure to provide notice before repossession and sale at an undervalued price. The defendants are jointly and severally liable for the balance after set off.

  • Loan default
  • Chattel mortgage
  • Repossession
  • Set off
  • Interest rates
  • Receiver appointment
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Banking 20021212 TZHC Mbeya

20021212 TZHC Mbeya

The High Court at Mbeya entered ex parte judgment for the bank after proof of an unpaid overdraft facility secured by mortgage and chattel mortgage.

  • Overdraft facility
  • Mortgage security
  • Chattel mortgage
  • Default
  • Interest rate
  • Banking
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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.