Tanzania Case Law

AAfrica Geophysical Services Limited v Pan African Energy Tanzania Limited Judgment1

Court

TANZLII

The defendant unlawfully terminated the contract after affirming delays and variations, refused to accept mobilization completion, and failed to pay due invoices. The defendant's conduct amounted to novation and estoppel, barring reliance on original timelines. The plaintiff is entitled to specific and general damages. The defendant's counterclaim fails for lack of contractual basis and proof.

Source excerpt

• Breach of contract
• Unlawful termination
• Damages
• Variation of contract
• Novation
• Estoppel

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nmb bank plc vs mafubilo general supplies ltd 5 others by way of counter claim rose mutagonga kundecha vs nmb bank plc 2 others 2023 tzhccomd 319 29 september 2023

Court

TZHCCOMD

High Court commercial judgment on loan default, mortgage enforcement, and alleged forged variations. The bank succeeded; the counterclaim was dismissed.

• Loan default
• Mortgage enforcement
• Guarantee liability
• Forgery allegations
• Counterclaim procedure
• Banking-law

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a m steel iron mills ltd vs exim bank t ltd 2 others exim bank t ltd vs a m steel iron mills ltd 5 others 2023 tzhccomd 313 29 august 2023

Court

TZHCCOMD

The High Court dismissed a claim challenging mortgage enforcement, finding the loan rights had been validly transferred to Exim Bank by novation.

• Loan agreement
• Mortgage enforcement
• Novation
• Corporate guarantee
• Breach of contract
• Mortgage-enforcement

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sci tanzania ltd vs gulam mohamedali punjani another 2023 tzhccomd 235 28 july 2023

Court

TZHCCOMD

The High Court held that the defendants breached a novated oral investment agreement and ordered refund of USD 300,000, plus damages, interest, and costs.

• Breach of contract
• Novation
• Refund of investment
• General damages
• Breach-of-contract
• Refund-of-investment

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i m bank t ltd vs bharat kumar karsandas ruparelia three others 2022 tzhccomd 373 23 november 2022

Court

TZHCCOMD

The execution of the term loan facility between the Plaintiff and the 3rd Defendant constituted a novation, extinguishing the original overdraft facility and discharging the 1st Defendant from liability. The Plaintiff's claim against the 1st Defendant was not justified as the original facility ceased to exist upon novation and settlement with the 3rd Defendant.

Source excerpt

• Novation
• Overdraft facility
• Term loan
• Guarantor liability
• Discharge of contract

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exim bank t ltd vs tsn supermarket limited 8 others 2022 tzhccomd 322 6 october 2022

Court

TZHCCOMD

A summary suit under Order XXXV cannot be maintained where not all defendants are parties to the mortgage or novation; such a suit is fatally defective and must be struck out.

Source excerpt

• Summary procedure
• Mortgage suits
• Novation
• Joinder of parties
• Striking out suits

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standard chartered bank t ltd vs best travel solution ltd 3 others 2022 tzhccomd 116 13 may 2022

Court

TZHCCOMD

Commercial dispute over overdraft repayment, mortgage security, and a counterclaim for refund. The court found a reduced balance payable and dismissed the counterclaim.

• Loan agreements
• Mortgage validity
• Personal guarantees
• Company directorship and shareholding
• Fraud and forgery allegations
• Counterclaims

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exim bank t ltd vs riaz g gangji ta abbas emporium 2022 tzhccomd 89 22 april 2022

Court

TZHCCOMD

The High Court held the defendant breached a credit facility and ordered payment of TZS 417,014,677, interest, general damages, and costs.

• Loan default
• Novation
• Breach of contract
• Interest calculation
• Loan-default
• Breach-of-contract

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CIVIL APPEAL NO 251 OF 2021 ISAKA COMMERCIAL AGENCY T LTD VS PANGEA MINERALS LIMITED

Court

TANZLII

The respondent breached the contract by cancelling it without valid novation or assignment to NICE, and the appellant was entitled to general damages for the breach, but not to specific damages or the full purchase price for undelivered goods due to lack of evidence.

Source excerpt

• Breach of contract
• Variation of contract
• Novation
• Damages
• Sale of goods

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CIVIL APPEAL NO

Court

TANZLII

The compromise of suit in Commercial Case No. 106 of 2017, entered without the guarantors' consent, constituted a novation and discharged the appellants from liability under the guarantee agreements. The subsequent suit against the guarantors was not maintainable as the respondent had no cause of action after the decree.

Source excerpt

• Guarantee discharge
• Novation
• Res judicata
• Surety liability

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