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Tanzania decisions
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The High Court’s Land Division held that a fourth defendant had mortgaged her property to secure a bank loan, and ordered vacant possession for sale after default.
The High Court of Tanzania dismissed most of an employee-borrower’s appeal over staff loans, upholding default liability, notice service, damages, interest, and costs.
Appellant failed to prove respondent intended to sell the mortgaged property without observing procedure; courts lack jurisdiction to vary contractual terms agreed by parties; appeal dismissed.
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The High Court dismissed a borrower’s appeal after finding no disclosed cause of action against the bank and no evidence of breach of the loan agreement.
The plaintiff proved on a balance of probabilities that the 1st defendant defaulted on the loan and the 2nd to 5th defendants are liable as guarantors for the outstanding sum. The court admitted secondary evidence due to the defendants' inaccessibility. The defendants' failure to defend did not relieve the plaintiff of the burden of proof, which was met. General damages were denied as further liability would be excessive given the circumstances.
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The court held that the initial spouse consent constituted a continuing security, binding the respondent to subsequent loans secured by the same property. The property qualifies as matrimonial property, and the respondent's consent was valid and continuous. The DLHT erred in requiring fresh consent for subsequent loans. The appellant is entitled to exercise power of sale due to loan default.
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The appellants failed to prove the restraining order was served before the auction; loan repayment did not follow contractual schedule, constituting default; auction procedures and notice requirements were complied with; omission of counterclaim did not prejudice appellants; evidence was properly evaluated; and bona fide purchaser rights are protected.
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Application dismissed as applicant failed to satisfy all three conditions for grant of temporary injunction: no sufficient triable issue shown, irreparable loss not established, and balance of convenience favors respondents due to public interest and financial risk.
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The High Court found the borrower in default and held the guarantors jointly and severally liable for the outstanding loan, interest, damages, and costs.
The applicants demonstrated a serious triable issue, risk of irreparable loss, and greater hardship if the injunction was withheld. The respondent did not contest the application. Therefore, the temporary injunction was granted.
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