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Tanzania decisions
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The High Court found that the respondent had paid the loan in full, the appellant's claim was uncertain due to multiple rescheduled agreements, and the appellant was not entitled to charge interest as he was not a licensed financial institution. The District Court's decision to set aside the Primary Court's order was upheld.
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The Court of Appeal allowed a civil appeal over dishonoured cheques, holding the trial judge used the wrong standard of proof and failed to assess the evidence properly.
The appellant received Tshs.3,000,000/= as per the signed contract. The letter dated 23/02/2011 constituted a valid novation, not obtained by coercion. There was no legal foreclosure as defined by law; the appellant retains the right to redeem the land upon repayment of the loan. The tribunal erred in declaring the land as property of the respondent and in ordering change of ownership without proper legal process.
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