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Tanzania decisions
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The High Court dismissed most grounds of appeal in a bank chargeback dispute, finding fraud was not strictly proved, though it noted an implied contract extension.
The High Court dismissed Exim Bank’s claim over a USD 3 million loan, finding the bank negligently allowed unauthorised withdrawals and breached its duties.
The Court of Appeal upheld the dismissal of an appeal over disputed land ownership, finding the appellant’s title arose from fraudulent and void transactions.
The Second Plaintiff did not apply for or receive subsequent loans beyond the initial TZS 250,000,000 facility; the First Plaintiff only guaranteed the initial loan. Subsequent loans and guarantees were orchestrated by the Third Defendant, who is liable for the outstanding debt. No fraud was proven against the Second Plaintiff or First Plaintiff. The First Defendant must discharge the mortgage and return the title deed to the First Plaintiff. Damages are denied due to lack of evidence of loss or suffering.
Source excerpt
The High Court set aside a compromise decree and execution order after finding fraud in the loan and settlement documents, and granted an injunction over matrimonial property.
The High Court dismissed a land ownership suit over Plot No. 2 & 4, Block A, Shangani, finding the plaintiff failed to prove valid title and the transfer chain was fraudulent.
The High Court dismissed a counter-claim over a disputed company name change, bank account opening, and alleged fraud for lack of proof.
The High Court allowed a civil appeal, finding the respondent’s land claim was based on a fraudulent transaction and should have been dismissed.
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