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Tanzania decisions
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Trial court erred by awarding refund, compensation, and punitive damages not pleaded or proved; respondent defaulted on loan, appellant entitled to recover outstanding balance and penal interest; counterclaim dismissal was improper; insufficient evidence to support repair or replacement orders for vehicle.
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Applicants failed to establish irreparable loss as any injury could be compensated monetarily if they succeed in the main suit, and the balance of convenience favored the respondent bank, which would suffer more if the injunction was granted.
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The application for stay of execution was filed within fourteen days of the High Court's order reactivating execution proceedings, satisfying rule 11(4); a firm undertaking to furnish security is sufficient; substantial loss was demonstrated; the peculiar circumstances justify stay to protect both parties' interests.
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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.
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The court found the bank overstated the loan balance but upheld its counterclaim for the corrected outstanding amount, with interest and costs orders.
The High Court found the defendant breached loan agreements with Stanbic Bank and ordered payment of the outstanding property and personal loan balances, plus interest and costs.
The High Court held that the defendants guaranteed a bank loan, the borrower defaulted, and the guarantors were jointly liable for the outstanding debt, interest, damages, and costs.
The defendant breached the loan contract by failing to repay the loan and accrued interest; plaintiff proved service, application, and affidavit in proof of claim, entitling it to default judgment for the outstanding sum, interest, damages, and costs.
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Default judgment for CRDB Bank in a commercial loan recovery claim against Greens Construction Ltd and three guarantors for unpaid loan arrears, interest, and costs.
The loan agreement is valid and enforceable despite the respondent's lack of a banking license, as the appellants freely entered into the contract and raised no vitiating factors. The speed track expiry does not invalidate proceedings; the appropriate remedy is costs. The trial court erred in awarding arbitrary penalties, but the principal and interest were proved. The appellants' indebtedness is limited to the principal and accrued interest as of 31/3/2017.
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