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Tanzania Case Law

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Banking law NCBA v Boleyn and 3 Others default judgment 1

NCBA v Boleyn and 3 Others default judgment 1

Court
TANZLII

The plaintiff proved on a balance of probabilities that the 1st defendant defaulted on the loan and the 2nd to 5th defendants are liable as guarantors for the outstanding sum. The court admitted secondary evidence due to the defendants' inaccessibility. The defendants' failure to defend did not relieve the plaintiff of the burden of proof, which was met. General damages were denied as further liability would be excessive given the circumstances.

Source excerpt

  • Loan default
  • Guarantee liability
  • Mortgage enforcement
  • Default judgment
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Banking law HABIB AFRICAN BANK LTD VS A

HABIB AFRICAN BANK LTD VS A

Court
TANZLII

The court adopted the deed of settlement as the consent judgment, holding the 1st defendant liable for repayment of the loan in agreed installments, with the 2nd defendant as guarantor, and the 3rd defendant withdrawn from the case.

Source excerpt

  • Loan recovery
  • Settlement agreement
  • Guarantee liability
  • Consent judgment
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Contract law ABDUL OMARY MPURUTI V

ABDUL OMARY MPURUTI V

Court
TANZLII

The dispute was for recovery of a loan and not a land matter; the Resident Magistrate's Court had jurisdiction to determine the suit as the cause of action was contractual, not based on rights to land.

Source excerpt

  • Loan recovery
  • Guarantee liability
  • Jurisdiction
  • Collateral security
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Property law mackriman trust fund vs national bankl of commerce others 2023 tzca 17785 31 october 2023

mackriman trust fund vs national bankl of commerce others 2023 tzca 17785 31 october 2023

Court
TZCA

The appellant was bound by the acts of its director who executed the mortgage deed, admitted guarantee in pleadings, and failed to discharge liability; the mortgage deed was not void or unenforceable, and the issue of registration was an afterthought not raised at trial. The appeal was unmerited and dismissed.

Source excerpt

  • Mortgage validity
  • Guarantee liability
  • Vicarious liability
  • Registration of security
  • Time-bar of appeal
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Banking law nmb bank plc vs mafubilo general supplies ltd 5 others by way of counter claim rose mutagonga kundecha vs nmb bank plc 2 others 2023 tzhccomd 319 29 september 2023

nmb bank plc vs mafubilo general supplies ltd 5 others by way of counter claim rose mutagonga kundecha vs nmb bank plc 2 others 2023 tzhccomd 319 29 september 2023

Court
TZHCCOMD

High Court commercial judgment on loan default, mortgage enforcement, and alleged forged variations. The bank succeeded; the counterclaim was dismissed.

  • Loan default
  • Mortgage enforcement
  • Guarantee liability
  • Forgery allegations
  • Counterclaim procedure
  • Banking-law
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Banking law crdb bank plc vs symbion powe tanzania ltd 2023 tzca 17594 5 september 2023

crdb bank plc vs symbion powe tanzania ltd 2023 tzca 17594 5 september 2023

Court
TZCA

The Court of Appeal held that the Deed of Undertaking did not expire on a fixed date, allowed CRDB Bank’s appeal, and dismissed the cross-appeal.

  • Banker-customer relationship
  • Deed of undertaking
  • Loan recovery
  • Contract interpretation
  • Guarantee liability
  • Banker-customer-relationship
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Banking law bank of baroda t ltd vs kizimbani gypsum and mining prospector ltd 5 others 2023 tzhccomd 315 28 august 2023

bank of baroda t ltd vs kizimbani gypsum and mining prospector ltd 5 others 2023 tzhccomd 315 28 august 2023

Court
TZHCCOMD

The plaintiff proved on a balance of probabilities that it extended loan facilities to the 1st defendant, secured by guarantees and mortgage, and that the defendants defaulted. The mortgage was valid as the 5th defendant introduced a spouse who consented, and no credible evidence was adduced to prove otherwise. The 1st to 5th defendants are jointly and severally liable for the outstanding sum, interest, and costs.

Source excerpt

  • Loan default
  • Mortgage enforcement
  • Guarantee liability
  • Matrimonial property
  • Spousal consent
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Civil procedure suba agro trading engineering company ltd another vs seedco tanzania limited 2023 tzca 17517 22 august 2023

suba agro trading engineering company ltd another vs seedco tanzania limited 2023 tzca 17517 22 august 2023

Court
TZCA

The High Court's refusal to grant adjournment despite reasonable efforts to secure the witness constituted a breach of natural justice and the right to be heard, vitiating the proceedings and judgment.

Source excerpt

  • Right to fair hearing
  • Adjournment of proceedings
  • Natural justice
  • Commercial contracts
  • Guarantee liability
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.