Tanzania Case Law

tsn oil tanzania limited others vs equity bank t limited another 2023 tzhccomd 361 3 november 2023

Court

TZHCCOMD

The Plaintiffs repaid all credit facilities to the Defendants using funds from Barak Fund. The SBLC Facility dated 26 March 2018 did not take effect as the secured event (a written loan agreement between all Plaintiffs and Barak Fund) never materialized, and no valid SBLC was issued under that facility. The Defendants' refusal to discharge collaterals after repayment constituted a breach. The Defendants' counterclaims failed for lack of proof and because the underlying facilities were not enforceable. The Plaintiffs are entitled to discharge of all collaterals, declaratory reliefs, general da…

Source excerpt

• Loan facility agreements
• Standby letters of credit (sblc)
• Mortgage discharge
• Foreign loan registration
• Breach of contract
• Counterclaims in banking disputes

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LUSH GARDEN HOTEL LD

Court

TANZLII

The court adopted the deed of settlement as a consent judgment, ordering payment of TZS 1,477,070,000/= by plaintiffs to defendant, release of mortgaged properties upon payment, and waiver of further claims or appeals by all parties.

Source excerpt

• Loan settlement
• Mortgage discharge
• Consent judgment
• Corporate guarantee
• Personal guarantee

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laura lucas chogo vs international commercial bank t ltd 2023 tzhccomd 237 26 july 2023

Court

TZHCCOMD

The executing court lacks jurisdiction to modify or imply orders not expressly contained in the operative portion of the trial court's decree; execution must be limited to explicit orders, and deficiencies must be remedied by review in the trial court.

Source excerpt

• Execution of decrees
• Injunctions
• Mortgage discharge
• Costs

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crdb bank plc vs abana limited 3 others 2022 tzhclandd 862 30 august 2022

Court

TANZLII

The High Court Land Division overruled preliminary objections on jurisdiction, guarantor liability, and limitation in a counterclaim over loan recovery secured by land.

• Jurisdiction
• Limitation of actions
• Guarantor liability
• Mortgage discharge
• Limitation-of-actions
• Guarantor-liability

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national bank of commerce limited vs athanasia t masinde another 2022 tzca 518 25 august 2022

Court

TZCA

The Court of Appeal granted a stay of execution pending appeal, requiring the applicant bank to provide a TZS 70,000,000 guarantee as security.

• Stay of execution
• Security for due performance
• Mortgage discharge
• Damages for refusal to discharge collateral
• Stay-of-execution
• Security-for-due-performance

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happy kaitiri brilo ta irene stationary anothrer vs international commercial bank t ltd 2022 tzca 286 18 may 2022

Court

TZCA

The appellants failed to prove repayment of the loan or authenticity of the mortgage discharge. The respondent's evidence, including bank statements and credible testimony, established the loan remained unpaid and the discharge was fraudulent.

Source excerpt

• Loan default
• Mortgage discharge
• Fraud
• Burden of proof
• Evidence evaluation

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delina general interprises ltd vs kcb bank t ltd another in counter claim kcb bank t ltd another vs delina general interprises ltd another 2022 tzhccomd 316 23 septemb

Court

TZHCCOMD

Defendants breached banker's duty by mismanaging plaintiff's accounts, booking wrong figures, and failing to provide transparent statements. KCB Bank Kenya Limited's facilities were unlawful and unenforceable due to non-compliance with foreign loan registration. Plaintiff proved full repayment of loan liabilities and overpayment. Counter claimants failed to strictly prove their claims for outstanding amounts and interest.

Source excerpt

• Banker's duty
• Loan facility
• Foreign lending
• Syndicated loans
• Bank licensing
• Mortgage discharge

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farida seif vs equity bank tanzania limited 2021 tzhccomd 3411 23 november 2021

Court

TZHCCOMD

The High Court struck out a commercial suit and counterclaim because the relief sought had already been granted in an earlier case involving the same title deed.

• Res judicata
• Mortgage discharge
• Declaratory relief
• Res-judicata
• Sub-judice
• Mortgage-discharge

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state oil tanzania limited vsequity bank tanzania limited and 1 another 2021 tzhccomd 3386 1 october 2021

Court

TZHCCOMD

The High Court held that no SBLC/LC was issued in the required form and substance, so the related securities and guarantees were void and the plaintiff succeeded.

• Standby letter of credit (sblc)
• Facility agreements
• Security sharing
• Foreign loan registration
• Mortgage discharge
• Debenture discharge

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bernard kabende vs haule azania 2021 tzhclandd 6673 27 august 2021

Court

TANZLII

The High Court held that a termination agreement altered the mortgage arrangement, the plaintiff had paid what was required, and the bank had to release the title deed.

• Mortgage discharge
• Employment termination
• Loan settlement
• Insurance liability
• Contract variation
• Mortgage-discharge

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