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Tanzania decisions
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The High Court held that the plaintiffs’ guarantee agreements expired in 2019, ordered release of their titles, and upheld the bank’s counterclaim against TANCHI only.
The High Court in Dar es Salaam dismissed Vodacom’s commercial claim as time barred, holding that the limitation period ran from the 2013 breach, not later demand letters.
The mortgage and loan agreement were valid and enforceable; appellant was aware of the transaction and signed the mortgage deed; no evidence of fraud or misrepresentation; internal company procedures do not affect third parties; High Court properly evaluated evidence.
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The appellate court's decision was set aside because it failed to comply with the mandatory requirements for composing a judgment, lacking a concise statement of the case, points for determination, and reasons for the decision.
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The suit is not time barred as the cause of action arose when the appellant debited and paid out the respondent's account in 1992, and the Amended Plaint discloses a cause of action based on alleged regulatory violations and unilateral payment.
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The Court of Appeal held that only the admitted prayer on unlawful auction sale could stand; relief from liability under the guarantee was not admitted.
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