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Tanzania Case Law

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Banking law standard chartered bank t ltd vs haruna yusuf mavere ta gh hardware 2023 tzhccomd 283 15 june 2023

standard chartered bank t ltd vs haruna yusuf mavere ta gh hardware 2023 tzhccomd 283 15 june 2023

The Defendant defaulted on the loan facilities as admitted and evidenced by the Plaintiff. The voiding of the mortgage in a separate land case rendered the loans unsecured but did not extinguish the repayment obligation. The facility agreement provided for contractual and penal interest in case of default. The Plaintiff proved its case on a balance of probabilities and is entitled to the claimed sums, interest, and costs.

  • Loan default
  • Breach of contract
  • Interest on loans
  • Unsecured loans
  • Mortgage validity
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Contract law eupharacie mathew rimisho ta emari provision store another vs tema enterprises limited another 2023 tzca 102 13 march 2023

eupharacie mathew rimisho ta emari provision store another vs tema enterprises limited another 2023 tzca 102 13 march 2023

The Court of Appeal upheld liability for a consolidated loan of TZS 385,600,000, relying on a written agreement admitted without objection and dismissing evidentiary challenges.

  • Loan agreements
  • Breach of contract
  • Burden of proof
  • Admissibility of evidence
  • Guarantor liability
  • Interest on loans
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Civil procedure MISC

MISC

No real legal point exists for certification as issues raised are either matters of evidence or were handled according to law; consent judgment was properly entered and jurisdictional objections lack merit.

  • Certification of point of law
  • Consent judgment
  • Loan agreement
  • Interest on loans
  • Jurisdiction of primary court
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Contract law CIVIL APPEAL NO 295 OF 2021 TWIGA FEEDS LIMITED ANOTHER VS NATIONAL INVESTMENT PLC

CIVIL APPEAL NO 295 OF 2021 TWIGA FEEDS LIMITED ANOTHER VS NATIONAL INVESTMENT PLC

The money advanced by the respondent was a loan, not a contribution to a university project; the mortgage was void for lack of registration under section 96(1) of the Companies Act, but the debt obligation remains; interest agreed by parties is enforceable even if respondent is not a financial institution; counterclaim was properly pleaded and proved.

  • Mortgage validity
  • Loan agreements
  • Registration of charges
  • Interest on loans
  • Counterclaims
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Contract law 20191122 TZHC Dar es Salaam

20191122 TZHC Dar es Salaam

The High Court found a valid staff loan contract, held the defendant breached it by failing to repay after termination, and awarded the bank the outstanding sum, damages, and costs.

  • Loan agreement
  • Breach of contract
  • Damages
  • Interest on loans
  • Loan-agreement
  • Breach-of-contract
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Banking law 20190429 TZHC Dar es Salaam

20190429 TZHC Dar es Salaam

The 1st appellant was not legally authorized to conduct money lending business or charge interest, rendering the loan agreement and interest unenforceable. Since the principal sum was repaid, the respondent is entitled to the return of her security.

  • Money lending without license
  • Illegality of contract
  • Enforceability of loan agreements
  • Return of security
  • Interest on loans
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Banking law Default Judgment CRDB v Harmonize

Default Judgment CRDB v Harmonize

The plaintiff proved the existence of the loan, the defendant's default, and compliance with procedural requirements for default judgment; the defendant failed to contest or defend, entitling the plaintiff to the reliefs claimed.

  • Loan recovery
  • Default judgment
  • Breach of contract
  • Interest on loans
  • Damages
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Contract law image4723

image4723

The Respondents failed to specifically deny the existence and terms of the loan agreement in their pleadings, amounting to an admission. The evidence established that the Appellant advanced TZS 123,000,000 to the Respondents, who failed to repay. The Appellant is entitled to repayment of the principal sum and general damages at 2% per annum from the due date until payment in full, but not to contractual or statutory interest as the loan was advanced out of friendship, not as a business transaction.

  • Loan agreement
  • Pleadings
  • Burden of proof
  • Damages
  • Interest on loans
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Banking law stanbic bank t ltd vs nam enterprises ltd others 2018 tzhccomd 31 5 february 2018

stanbic bank t ltd vs nam enterprises ltd others 2018 tzhccomd 31 5 february 2018

The High Court held that the borrower and guarantors breached loan repayment terms and entered judgment for Stanbic Bank for the outstanding USD 2,479,000.58 plus interest and costs.

  • Loan agreements
  • Guarantees
  • Breach of contract
  • Repayment obligations
  • Interest on loans
  • Mortgage and debenture rights
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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.