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Tanzania decisions
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Plaintiff established existence of loan agreement and defendant's default; evidence and pleadings proved claims on balance of probabilities, entitling plaintiff to all reliefs sought.
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Second appeal in a loan dispute dismissed after the High Court found the borrower accepted and used the funds, but failed to prove breach or covered loss.
The High Court of Tanzania entered ex parte judgment for the plaintiff in a loan dispute, finding a breached repayment agreement and awarding principal, interest, damages, and costs.
Second appeal over a pledged motorcycle and loan agreement was dismissed. The court upheld concurrent findings that the appellant failed to prove his claim.
The High Court dismissed a second appeal over a Tshs 900,000 loan claim, finding the appellant failed to prove forgery or disprove the contract.
On second appeal, the High Court allowed the appeal in part, holding that collateral land could not be taken without court process where the borrower was ready to repay the loan.
The trial court and first appellate court improperly admitted affidavits alongside oral evidence from the same witnesses, contrary to law. All exhibits not read in court are expunged. Only oral evidence remains. On the balance of probabilities, the respondent's evidence is more credible, and the appellant failed to prove full repayment. The appellant is liable for the outstanding loan.
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The High Court in Mbeya found that Amosi Luvanda breached a loan agreement with Lulu Saccoss Ltd. and ordered payment of the debt, damages, interest, and costs.
The suit arose from a loan agreement secured by mortgage, making it a commercial dispute, not a land matter. The Resident Magistrates' Court had jurisdiction to entertain the suit as the value was within statutory limits. The trial court erred in dismissing the suit for want of jurisdiction.
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The court adopted the deed of settlement as a consent judgment, marking the suit as settled on agreed terms, including payment of TZS 30,000,000 by the plaintiff in full settlement, waiver of the remaining loan by the defendant, removal of the plaintiff and its director from the Creditinfo platform, and discharge of securities upon full payment.
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