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Tanzania Case Law

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Contract law ncba t ltd vs simagunga general trading co ltd 3 others 2023 tzhccomd 373 10 november 2023

ncba t ltd vs simagunga general trading co ltd 3 others 2023 tzhccomd 373 10 november 2023

The defendants breached the credit facility agreement by failing to repay the principal and accrued interest after benefiting from the loan, and their arguments regarding the plaintiff's alleged breaches did not absolve them of liability. The court found the defendants responsible for the debt and awarded the principal, accrued interest, commercial interest, and costs to the plaintiff.

  • Loan default
  • Credit facility agreement
  • Guarantee and indemnity
  • Interest calculation
  • Breach of contract
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Banking law prashant motibhai patel another vs azania commerial bank ltd another 2023 tzhccomd 102 5 april 2023

prashant motibhai patel another vs azania commerial bank ltd another 2023 tzhccomd 102 5 april 2023

The High Court held that the plaintiffs remained liable as guarantors and mortgagors, and dismissed their challenge to Azania Bank’s sale of the property.

  • Bank-customer relationship
  • Guarantee and indemnity
  • Mortgage enforcement
  • Assignment of liabilities
  • Statutory management of banks
  • Sale of mortgaged property
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Banking law crdb bank plc vs mohamed said sinani sons ltd 2 others 2023 tzhccomd 90 29 march 2023

crdb bank plc vs mohamed said sinani sons ltd 2 others 2023 tzhccomd 90 29 march 2023

The plaintiff advanced and restructured credit facilities to the 1st defendant, which were guaranteed by the 2nd and 3rd defendants. The defendants breached the terms by failing to repay the loan as agreed. The outstanding amount of TZS 614,946,043.43 remains due, and writing off the debt does not discharge the defendants' liability.

  • Loan agreements
  • Debt recovery
  • Guarantee and indemnity
  • Breach of contract
  • Restructuring of credit facilities
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Banking law exim bank tanzania limited vs the m five b hotel and tours limited 2 others 2022 tzhccomd 257 10 june 2022

exim bank tanzania limited vs the m five b hotel and tours limited 2 others 2022 tzhccomd 257 10 june 2022

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.

  • Loan facility agreement
  • Guarantee and indemnity
  • Bank negligence
  • Fraudulent transactions
  • Breach of contract
  • Bank-negligence
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Banking law bank of africa tanzania ltd vs om agro resources ltd 6others 2022 tzhccomd 124 13 may 2022

bank of africa tanzania ltd vs om agro resources ltd 6others 2022 tzhccomd 124 13 may 2022

The facility letter was valid and binding, executed by authorized officials with board approval. The 1st Defendant breached the facility agreement by failing to repay the loan and overdraft as agreed. The Deeds of Guarantee and Indemnity signed by the 6th and 7th Defendants were valid and binding, and those Defendants are liable as guarantors. The Plaintiff is entitled to recover the outstanding sums, interest, general damages, and costs from the 1st, 2nd, 3rd, 6th, and 7th Defendants jointly and severally.

  • Loan default
  • Guarantee and indemnity
  • Mortgage enforcement
  • Breach of contract
  • Recovery of debt
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Contract law eco bank t ltd vs rz electrical tech ltd and 3 others 2021 tzhccomd 3463 19 november 2021

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

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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Banking law state oil tanzania limited vsequity bank tanzania limited and 1 another 2021 tzhccomd 3386 1 october 2021

state oil tanzania limited vsequity bank tanzania limited and 1 another 2021 tzhccomd 3386 1 october 2021

The High Court held that no SBLC/LC was issued in the required form and substance, so the related securities and guarantees were void and the plaintiff succeeded.

  • Standby letter of credit (sblc)
  • Facility agreements
  • Security sharing
  • Foreign loan registration
  • Mortgage discharge
  • Debenture discharge
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Civil procedure fredrick basil mramba and another vs bank of india tanzania limited 2021 tzhccomd 2060 16 april 2021

fredrick basil mramba and another vs bank of india tanzania limited 2021 tzhccomd 2060 16 april 2021

The High Court held the summary procedure claim was wrongly filed against a guarantor who was not a mortgagor and granted leave to defend.

  • Summary procedure
  • Mortgage
  • Guarantee and indemnity
  • Leave to defend
  • Summary-procedure
  • Guarantee-and-indemnity
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.