Tanzania Case Law

JUDGMENT TIB DEV BANK and AG v MSK

Court

TANZLII

The defendant breached the credit facility agreement by failing to repay the loan as per the agreed terms. The plaintiff performed its obligations by disbursing the loan, including payments to the supplier as per the defendant's instructions. The suit is not time-barred as the government has a 60-year limitation period. Claims for special damages (interest, penalties) were not specifically proved, so only the principal sum is awarded.

Source excerpt

• Loan facility agreement
• Breach of contract
• Limitation of actions
• Mortgage and debenture validity

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Alex Busengwa Ndalawa v

Court

TANZLII

The appellant failed to prove full repayment of the loan as required by the contract and did not provide sufficient evidence that the loan was interest-free or that the bank had waived interest. The trial court correctly evaluated the evidence and was justified in allowing the 1st respondent to withhold the Residential License until the debt was settled.

Source excerpt

• Loan facility agreement
• Mortgage enforcement
• Burden of proof
• Power of attorney
• Counterclaim procedure

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EQUITY BANK T VS DAR LUX CO

Court

TANZLII

The defendants breached their obligations under the facility letters by failing to repay the outstanding loan amounts. The plaintiff proved the outstanding sum and is entitled to payment, interest, and general damages. Claims for certain interests and enforcement of securities were not specifically proved and are not granted at this stage.

Source excerpt

• Loan facility agreement
• Breach of contract
• Secured transactions
• Damages
• Interest
• Mortgage enforcement

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exim bank tanzania limited vs the m five b hotel and tours limited 2 others 2022 tzhccomd 257 10 june 2022

Court

TZHCCOMD

The High Court dismissed Exim Bank’s claim over a USD 3 million loan, finding the bank negligently allowed unauthorised withdrawals and breached its duties.

• Loan facility agreement
• Guarantee and indemnity
• Bank negligence
• Fraudulent transactions
• Breach of contract
• Bank-negligence

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cuthbert robert kajuna ta cr kajuna and company vs equity bank tanzania limited 2021 tzhc 7556 8 november 2021

Court

TZHC

The High Court at Moshi held that the bank was justified in blocking loan funds meant for a third party, and dismissed the borrower’s suit with costs.

• Loan facility agreement
• Breach of contract
• Banking procedures
• Specific performance
• Damages
• Breach-of-contract

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CIVIL APPEAL NO 205 OF 2021 PULSES AND AGRO COMMODITIES TANZANIA LIMITED VS BANK OF BARODA TANZANIA LIMITED 1

Court

TANZLII

The appeal was dismissed because the appellant failed to plead or prove any set-off or counterclaim regarding the receivership process or proceeds, the receiver/manager and guarantors were not necessary parties for the determination of the suit, the trial court properly considered all relevant evidence and prior High Court orders, and the suit was not res judicata. The outstanding debt was specifically pleaded and strictly proved by the respondent.

Source excerpt

• Loan facility agreement
• Receivership
• Special damages
• Joinder of parties
• Res judicata
• Guarantor liability

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msae investment co ltd vsthe national bank of commerce ltd 2020 tzhclandd 4008 21 december 2020

Court

TANZLII

The High Court held that the bank breached the loan facility, rendering performance impossible, and declared the plaintiff no longer indebted. The counterclaim was dismissed.

• Loan facility agreement
• Breach of contract
• Mortgage enforcement
• Public auction procedure
• Contract-breach
• Loan-facility

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msae investment coltd vs national bank of commerce ltd 2020 tzhclandd 4009 21 december 2020

Court

TANZLII

The High Court held that the lender breached a loan facility by delaying disbursement and failing an agreed tax arrangement, so the contract was impossible to perform.

• Loan facility agreement
• Breach of contract
• Mortgage enforcement
• Auction procedure
• Injunction
• Loan-facility-agreement

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ms i and m bank t ltd vs royal procument co ltd and others 2020 tzhccomd 2023 27 july 2020

Court

TZHCCOMD

The High Court Commercial Division dismissed a bank’s claim for repayment under a loan and guarantee, finding the proof of the outstanding debt unreliable.

• Loan facility agreement
• Guarantee and indemnity
• Evidence requirements
• Burden of proof
• Banking-law
• Loan-agreements

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grofin africa fund vs nagoz mineral others 2019 tzhccomd 118 27 february 2019

Court

TZHCCOMD

Judgment against the 1st defendant for breach of the facility agreement and payment of the outstanding loan with interest, as the 1st defendant defaulted. The 2nd and 3rd defendants are not liable as guarantors in the absence of evidence of demand notice to them. The plaintiff is not entitled to enforce the mortgage without proof of statutory notice to the mortgagor.

Source excerpt

• Loan facility agreement
• Personal guarantees
• Mortgage enforcement
• Breach of contract
• Notice requirements

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