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Tanzania Case Law

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Civil procedure 28

28

The appellant failed to prove his claim for TZS 1,150,000 as the alleged written contract was not properly tendered or admitted in evidence; only the amount admitted by the respondent (TZS 500,000) is proved. The District Court erred by considering the issue of interest, which was not raised at trial.

  • Burden of proof
  • Loan agreements
  • Admissibility of evidence
  • Appeals process
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Banking law JUDGEMTNT

JUDGEMTNT

The plaintiff failed to prove breach of contract or procedural impropriety in the disposal of the secured assets. The loan agreement and its variations were valid, the plaintiff defaulted, and the defendant followed the contractual and legal procedures for recovery. No counterclaim was properly pleaded or adjudicated. The suit is dismissed with costs.

  • Loan agreements
  • Asset recovery
  • Breach of contract
  • Security interests
  • Counterclaims
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Contract law access bank limited v hamis haji faki 2024 tzhc 654 4 march 2024

access bank limited v hamis haji faki 2024 tzhc 654 4 march 2024

High Court appeal over a loan default dispute: the borrower breached the agreement, and there was no credible proof the bank attached or sold the motor vehicles.

  • Loan agreements
  • Breach of contract
  • Secured transactions
  • Burden of proof
  • Remedies for breach
  • Loan-agreements
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Land law victor leonard mulokozi vs bunju beach saccos 2 others 2024 tzhclandd 6 10 january 2024

victor leonard mulokozi vs bunju beach saccos 2 others 2024 tzhclandd 6 10 january 2024

The High Court held the plaintiff’s property was mortgaged to secure a loan to the second defendant, but the auction process was unlawful for failure to serve mandatory notices.

  • Mortgage enforcement
  • Matrimonial property
  • Loan agreements
  • Auction procedure
  • Notice requirements
  • Mortgage-enforcement
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Contract law CRDB BANK PLC VS STELLA ANDREW COMM CASE NO

CRDB BANK PLC VS STELLA ANDREW COMM CASE NO

The dispute resolution clause in the Deed of Assignment is binding and applies to the present dispute as the agreements are interconnected. The Plaintiff failed to comply with the requirement to attempt amicable settlement before filing suit. The court's jurisdiction is not ousted, but the suit must be stayed to allow parties to exhaust agreed ADR mechanisms.

  • Alternative dispute resolution
  • Jurisdiction
  • Loan agreements
  • Enforcement of contractual clauses
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Contract law CIVIL APPEAL NO 4010 OF 2024 JULICAN FINANCIAL SERVICES LIMITED

CIVIL APPEAL NO 4010 OF 2024 JULICAN FINANCIAL SERVICES LIMITED

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.

  • Loan agreements
  • Breach of contract
  • Damages
  • Counterclaim
  • Negligence
  • Pleadings
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Contract law CIVIL APPEAL NO

CIVIL APPEAL NO

The Respondent failed to prove the loan amount of TZS 30,800,000/=; only TZS 9,190,000/= was proved as advanced and not repaid. The award of general damages was unjustified as no basis was provided. The lack of stamp duty on the loan agreement was an irregularity not affecting the validity of proceedings. Collateral documents not pleaded in the original plaint were expunged. Each party to bear its own costs.

  • Loan agreements
  • Stamp duty
  • Burden of proof
  • General damages
  • Collateral
  • Interest on judgment debt
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Civil procedure tryphone elias ryphone elias another vs majaliwa daudi mayaya 2023 tzca 18014 21 december 2023

tryphone elias ryphone elias another vs majaliwa daudi mayaya 2023 tzca 18014 21 december 2023

The Court of Appeal allowed an appeal over a claimed TZS 200 million loan, finding the respondent had not proved the documents or loan on the balance of probabilities.

  • Loan agreements
  • Burden of proof
  • Forgery allegations
  • Summary procedure
  • Admissibility of evidence
  • Burden-of-proof
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Contract law ayubu samson sanga ta ayubu samson enterprises vs kcb t ltd 2023 tzhclandd 17281 18 december 2023

ayubu samson sanga ta ayubu samson enterprises vs kcb t ltd 2023 tzhclandd 17281 18 december 2023

Both parties breached contract terms; plaintiff must repay loan but at agreed 21% interest, not 22%. Defendant breached by deducting repayments before grace period expired and charging excess interest. Defendant lawfully issued default notice and may sell mortgaged property if plaintiff defaults.

  • Loan agreements
  • Mortgage enforcement
  • Interest rate disputes
  • Breach of contract
  • Covid-19 impact on contracts
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Civil law amina siraji vs salma abuu shayo 2023 tzhc 23801 14 december 2023

amina siraji vs salma abuu shayo 2023 tzhc 23801 14 december 2023

High Court allowed a second appeal in a loan dispute, holding the claimant failed to prove a TZS 3,000,000 debt and that the key exhibit was inconsistent.

  • Loan agreements
  • Burden of proof
  • Contract validity
  • Coercion and undue influence
  • Burden-of-proof
  • Loan-agreements
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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.