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Tanzania decisions
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The High Court’s Commercial Division dismissed Jielong Holdings’ claim against TIB Development Bank, holding the suit was barred by Order II Rule 2 and that no breach of undertaking was proved.
The High Court of Tanzania dismissed a claim against TIB Development Bank, holding the suit was barred by Order II Rule 2 and that no lien breach was proved.
The High Court of Tanzania awarded Hash Energy partial relief for unpaid petroleum products and gas oil auctioned by TRA, but rejected general damages and sale of property.
The High Court held that Multsol Mauritius proved ownership of detained goods and ordered their release or value, plus general damages for loss of business.
The High Court dismissed a trespass and detinue claim over road-construction equipment, holding the claim depended on invalid DRE recommendations made after a void contract finding.
The court found that the purported lien instrument was not signed by the 1st plaintiff and was therefore not authentic. Even if it had been, the defendant bank breached its duty of care by failing to notify and obtain consent from both joint account holders and by not advising the plaintiffs to seek independent legal advice. The bank's actions were negligent and unauthorized, entitling the plaintiffs to relief.
Source excerpt
The High Court of Tanzania found a bank wrongfully debited joint accounts to secure a third party debt, held the lien invalid, and awarded damages to the plaintiffs.
The Court of Appeal held that the bank could combine the appellant’s accounts and apply funds to the loan, and dismissed the appeal with costs.
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