Tanzania Case Law

christopher paul chale others vs commercial bank of africa tanzania limited 2023 tzca 17610 8 september 2023

Court

TZCA

The respondent bank was justified in debiting and remitting the funds due to exceptional circumstances including suspicion of money laundering, instructions from authorities, and demand from the sender; the second and third appellants were discharged from liability for subsequent advances as they did not consent to the variations or execute a deed of variation; only the first appellant remains liable for the outstanding amount under the third credit agreement.

Source excerpt

• Bank's right to debit account
• Guarantee and suretyship
• Mortgage liability
• Novation of contract
• Variation of contract
• Receiver appointment

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sci tanzania ltd vs gulam muhamedali punjani another 2022 tzhccomd 401 20 october 2022

Court

TZHCCOMD

The High Court held that an earlier oral contract was novated by a later oral compensation agreement, so the suit was not time-barred.

• Limitation of actions
• Novation of contract
• Breach of contract
• Preliminary objection
• Novation-of-contract
• Limitation-of-actions

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CIVIL APPEAL NO

Court

TANZLII

The doctrine of adverse possession was inapplicable as the respondent's claim was based on purchase, not trespass, and the statutory period had not elapsed. Although the initial seller lacked capacity, the true owner subsequently ratified the sale and entered into a new agreement (novation) with the respondent, thereby validating the respondent's title to the disputed land.

Source excerpt

• Adverse possession
• Novation of contract
• Land ownership
• Capacity to transfer title

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20150923 TZHC Mbeya

Court

TZHC

The appellant received Tshs.3,000,000/= as per the signed contract. The letter dated 23/02/2011 constituted a valid novation, not obtained by coercion. There was no legal foreclosure as defined by law; the appellant retains the right to redeem the land upon repayment of the loan. The tribunal erred in declaring the land as property of the respondent and in ordering change of ownership without proper legal process.

Source excerpt

• Mortgage and redemption
• Foreclosure
• Novation of contract
• Evidence in contract disputes

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joseph z m mwendabwila vs ibrahim peter another 2015 tzhc 2285 23 september 2015

Court

TZHC

Appeal allowed in a land mortgage dispute. The High Court held the appellant could redeem the land after repaying Tshs.3,000,000, and set aside the tribunal’s transfer order.

• Mortgage and redemption
• Foreclosure
• Novation of contract
• Right of redemption
• Procedural fairness
• Mortgage-redemption

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