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Tanzania decisions
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The court adopted the deed of settlement as a consent judgment, ordering payment of TZS 1,477,070,000/= by plaintiffs to defendant, release of mortgaged properties upon payment, and waiver of further claims or appeals by all parties.
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The High Court dismissed a claim challenging mortgage enforcement, finding the loan rights had been validly transferred to Exim Bank by novation.
The High Court rejected preliminary objections alleging limitation, res judicata, functus officio, and section 8 CPC concerns in a land dispute based on alleged fraud and forgery.
The 1st defendant breached the credit facility agreement and its amendment by failing to comply with the repayment schedule. The 2nd defendant, as guarantor, is liable under the corporate guarantee. The defendants are jointly liable for the outstanding loan amount as proven by the plaintiffs’ bank statement, but only to the extent strictly proved (TZS 9,433,451,637.76).
Source excerpt
Default judgment for the plaintiff in a commercial lease dispute over unpaid vehicle lease sums and corporate guarantee obligations.
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