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

Read case analysis

eco bank tanzania limited vs benbros motors limited and 3 others 2021 tzhccomd 3318 13 august 2021

Court

TZHCCOMD

The High Court upheld Ecobank’s claim for unpaid credit facilities, dismissed the defendants’ counterclaim, and ordered enforcement of mortgage and debenture security.

• Loan default
• Credit facility
• Mortgage enforcement
• Guarantee liability
• Receiver appointment
• Counterclaim dismissal

Read case analysis

bank of baroda vs pulses and agro commodities 2020 tzhccomd 2099 27 november 2020

Court

TZHCCOMD

The suit is not barred by res judicata or res subjudice as prior cases concerned receivership and asset sale, not the outstanding loan. The parties entered into a valid credit facility agreement, and the defendant breached its terms by failing to repay the overdraft. Plaintiff proved entitlement to USD 1,169,417.19 as outstanding debt, with interest at court rate, but not at commercial rate.

Source excerpt

• Loan facility
• Overdraft
• Debenture
• Receiver appointment
• Res judicata
• Res subjudice

Read case analysis

buco investment holdings ltd vs crdb babk plc another 2019 tzhccomd 18 20 february 2019

Court

TZHCCOMD

The High Court held the bank failed to prove statutory notice before appointing a receiver and selling mortgaged property, but protected the buyer as a bona fide purchaser.

• Mortgage enforcement
• Receiver appointment
• Power of sale
• Bonafide purchaser
• Statutory notice
• Damages

Read case analysis

buco investment holdings limited vs crdb bank plc others 2019 tzhccomd 178 20 february 2019

Court

TZHCCOMD

High Court upheld in part a challenge to mortgage enforcement, finding lack of statutory notice before appointment of a receiver and awarding damages.

• Mortgage enforcement
• Receiver appointment
• Statutory notice
• Bonafide purchaser
• Damages
• Mortgage-enforcement

Read case analysis

20121011 TZHC Dar es Salaam

Court

TZHC

The High Court held the suit was filed in the wrong forum and ordered it transferred to the Land Division under section 140(3) of the Land Act.

• Jurisdiction
• Mortgage
• Receiver appointment
• Banker-customer relationship
• Mortgage-law
• Land-division

Read case analysis

NATIONAL BANK OF COMMERCE LTD VS GRACIOUS ERNEST MBEMBATI COMM CASE NO

Court

TANZLII

The court held that the plaintiff proved the outstanding debt, but the 1st defendant was entitled to set off THz 42,000,000 as his contribution to the truck purchase, with interest, due to the bank's failure to provide notice before repossession and sale at an undervalued price. The defendants are jointly and severally liable for the balance after set off.

Source excerpt

• Loan default
• Chattel mortgage
• Repossession
• Set off
• Interest rates
• Receiver appointment

Read case analysis