Tanzania Case Law

habibu african banking vs kassim ally suleiman ta chimwaga hardware 2023 tzhccomd 303 28 august 2023

Court

TZHCCOMD

The defendant, as sole proprietor of Chimwaga Hardware, is personally liable for the loan advanced under the business name. The plaintiff proved the existence and amount of the outstanding loan and the legal creation of securities. The defendant's arguments regarding party identity and attestation were unfounded. Judgment is entered for the plaintiff for the proven amount, with interest and costs.

Source excerpt

• Loan default
• Breach of contract
• Enforcement of securities
• Interest on decretal sum
• Costs

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habib african bank ltd vs a m steel iron ltd 4 others comm case no 72 of 2022 consent judgment hon agatho j 2023 tzhccomd 185 12 may 2023

Court

TZHCCOMD

Commercial dispute between a bank and borrowers/guarantors was settled by consent judgment, with the court adopting the deed of settlement and marking the suit settled.

• Loan recovery
• Settlement agreement
• Enforcement of securities
• Consent judgment
• Consent-judgment
• Loan-recovery

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ncba bank t ltd vs new habari 2006 ltd 3 others 2022 tzhccomd 393 13 december 2022

Court

TZHCCOMD

The High Court adopted a deed of settlement as a consent judgment, marking the commercial loan dispute settled and enforcing payment and security terms.

• Loan recovery
• Consent judgment
• Enforcement of securities
• Mortgage sale
• Guarantee liability
• Consent-judgment

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habib african bank ltd vs bareto haulers t ltd 2 others 2022 tzhccomd 377 17 november 2022

Court

TZHCCOMD

The High Court’s Commercial Division recorded a settlement deed as a consent judgment, fixing repayment terms for a banking debt and preserving the securities.

• Loan settlement
• Enforcement of securities
• Consent judgment
• Settlement agreement
• Consent-judgment
• Settlement-agreement

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eco bank t ltd vs rz electrical tech ltd and 3 others 2021 tzhccomd 3463 19 november 2021

Court

TZHCCOMD

The High Court upheld Ecobank’s claim, finding a valid credit facility and guarantees, rejecting the defendants’ board-resolution and full-payment defences.

• Credit facility agreement
• Guarantee and indemnity
• Loan default
• Board resolution
• Enforcement of securities
• Credit-facility-agreement

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COMM BANK OF AFRICA T LTD VS BASIC ELEMEMNT LTD COMM CASE NO

Court

TANZLII

The court found that the 1st Defendant applied for and utilized the revolving short term loan as evidenced by the facility letter and bank statements. The 2nd, 3rd, 4th, and 5th Defendants executed valid guarantees and securities, making them jointly and severally liable. The Defendants' arguments about the nature of the facility and non-disbursement were rejected as afterthoughts, given the evidence of utilization. The Plaintiff is entitled to recover the outstanding sum, interest, and enforce securities.

Source excerpt

• Loan default
• Guarantee liability
• Enforcement of securities
• Interest on loans
• Debenture enforcement

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