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Tanzania decisions
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The court is satisfied that the parties have lawfully compromised the suit through a deed of settlement, and accordingly records the settlement as a consent judgment, binding all parties and marking the matter as settled and withdrawn.
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The application for committal as a civil prisoner was dismissed because the decree in question was not a monetary decree, the 1st Judgment Debtor had taken all reasonable steps to comply with the restructuring order, and the 1st Decree Holder failed to prove non-compliance or to cooperate in the restructuring process. There was no legal basis to lift the corporate veil or to order detention of the Managing Director.
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High Court of Tanzania Land Division dismissed a challenge to Murabaha restructuring, holding the disputed TZS 76 million was a lawful tawarruq profit margin.
The court found the bank overstated the loan balance but upheld its counterclaim for the corrected outstanding amount, with interest and costs orders.
The parties settled this land and banking dispute by consent. The High Court adopted the deed of settlement as its judgment and ordered each party to bear its own costs.
The parties agreed to settle the dispute by restructuring and rescheduling the outstanding loan, with the 1st defendant to pay TZS 1,500,000,000.00 in instalments, and all security documents to remain valid until full payment. Upon full settlement, all claims are waived and the loan agreement is cancelled. The consent judgment is entered as per the Deed of Settlement.
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The respondents failed to prove that the appellant was served with the mandatory default notice before initiating the sale of the mortgaged property. This procedural lapse renders the sale process null and void, despite the appellant's default on the payment schedule.
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The High Court of Tanzania entered a consent judgment in a bank loan dispute, restructuring the debt, waiving accrued interest, and setting default enforcement terms.
The High Court of Tanzania entered a consent judgment restructuring two loan facilities, waiving accrued interest and setting default procedures under a settlement.
The applicants failed to establish a prima facie case, irreparable loss, or that the balance of convenience favoured them. The loan agreement terms were clear, no enforceable restructuring agreement existed, and the applicants consented to the mortgage. The court cannot interfere with or redraft contractual terms freely agreed by the parties. Therefore, the application for a temporary injunction was dismissed.
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