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Tanzania Case Law

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Banking and finance KAHAMA OIL Judgment 29

KAHAMA OIL Judgment 29

The plaintiffs failed to prove on a balance of probabilities that the 2nd defendant did not disburse funds or that KOM Group of Companies Limited of Nairobi Kenya is a legal entity. Evidence established that all loan facilities were disbursed as per agreements, including via escrow accounts, and that plaintiffs defaulted on repayments. The defendants did not breach the facility agreements; rather, the plaintiffs breached by failing to repay. The counterclaim for the outstanding debt is upheld.

  • Syndicated loans
  • Loan default
  • Breach of contract
  • Guarantees and mortgages
  • Counterclaim
  • Burden of proof
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Banking and finance nas hauliers ltd others vs equity bank t ltd another 2023 tzhccomd 110 19 april 2023

nas hauliers ltd others vs equity bank t ltd another 2023 tzhccomd 110 19 april 2023

The SBLC/LC facility agreement dated 22 May 2019 (Exh.P-3) was executed by all three Plaintiffs and the Defendants, but the secured event—a foreign loan facility from Lamar to all three Plaintiffs—never materialized. Only the 1st Plaintiff entered a facility agreement with Lamar (Exh.P-7), and the SBLC/LC contemplated under Exh.P-3 was never issued by the 2nd Defendant. The Letter of Credit (Exh.D-10) issued by the 2nd Defendant was not the SBLC/LC contemplated under Exh.P-3, but was instead based on a separate, undisclosed sale and buy-back transaction involving heavy equipment, for which no…

  • Syndicated loans
  • Letters of credit
  • Standby letters of credit (sblc)
  • Loan syndication
  • Security trustee arrangements
  • Breach of contract
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Banking law 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

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

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.

  • Banker's duty
  • Loan facility
  • Foreign lending
  • Syndicated loans
  • Bank licensing
  • Mortgage discharge
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.