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Tanzania Case Law

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Contract law Jdgment palemony

Jdgment palemony

The High Court ordered a bank to return security documents retained after performance guarantee dealings and awarded TZS 20 million in general damages.

  • Breach of contract
  • Bank guarantee
  • Security documents
  • Damages
  • Banking-law
  • Contract-breach
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Civil procedure sinani building contractors limited others vs crdb 2024 tzca 196 19 march 2024

sinani building contractors limited others vs crdb 2024 tzca 196 19 march 2024

Charged properties that are the subject of the decree and no longer in the hands of the applicants cannot serve as security for due performance of the decree. Applicants must provide a different form of security, specifically a bank guarantee for the decretal sum, to obtain a stay of execution.

  • Stay of execution
  • Security for due performance
  • Charged property as security
  • Bank guarantee
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Civil procedure CIVIL APPLICATION NO 773 17 0F 2024 BYBLOCK CONTRACTORS LIMITED VS SALUM SAID HAMED AND ANOTHER

CIVIL APPLICATION NO 773 17 0F 2024 BYBLOCK CONTRACTORS LIMITED VS SALUM SAID HAMED AND ANOTHER

The application was dismissed because the applicant filed for extension of time after the expiry of the period granted by the Court for depositing the bank guarantee, making the application misconceived as there was nothing left to extend.

  • Extension of time
  • Stay of execution
  • Bank guarantee
  • Eviction
  • Lease dispute
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Civil procedure CIVIL APPLICATION NO 537 02 OF 2024 PULSES AND AGRO COMMODITIES TANZANIA LIMITED VS BANK OF BARODA TANZANIA LIMITED

CIVIL APPLICATION NO 537 02 OF 2024 PULSES AND AGRO COMMODITIES TANZANIA LIMITED VS BANK OF BARODA TANZANIA LIMITED

The only security properly offered and agreed by both parties is a bank guarantee, as stated in the affidavit; therefore, the stay of execution is granted on condition that the applicant deposits a bank guarantee of the decretal amount within 60 days.

  • Stay of execution
  • Security for due performance
  • Bank guarantee
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Commercial law zen cliff traders limited another vs coca cola kwanza limited another 2023 tzca 17878 23 november 2023

zen cliff traders limited another vs coca cola kwanza limited another 2023 tzca 17878 23 november 2023

The striking out of the main appeal does not render the cross-appeal incompetent; the cross-appeal stands independently and may proceed on the existing record. Leave is granted to file a supplementary record to include missing documents necessary for the cross-appeal.

  • Performance bond
  • Bank guarantee
  • Breach of contract
  • Cross-appeal procedure
  • Record of appeal
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Civil procedure sai energy logistics services limited vs exim bank tanzania limited 2023 tzhccomd 158 12 june 2023

sai energy logistics services limited vs exim bank tanzania limited 2023 tzhccomd 158 12 june 2023

The High Court ordered Exim Bank to furnish a bank guarantee as security for due performance of the decree after finding a mere undertaking was insufficient.

  • Stay of execution
  • Security for due performance
  • Bank guarantee
  • Enforcement of decrees
  • Stay-of-execution
  • Security-for-decree
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Labour law african banking corporation t ltd vs mussa masembo 2023 tzca 250 18 may 2023

african banking corporation t ltd vs mussa masembo 2023 tzca 250 18 may 2023

Applicant complied with all statutory conditions for stay of execution; amount to be stayed is TZS 45,600,000.00 per High Court decree; applicant to furnish bank guarantee within thirty days; discretion on security and time lies with the court.

  • Stay of execution
  • Unfair termination
  • Compensation
  • Bank guarantee
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Civil procedure MISC

MISC

The warrant of attachment was erroneously issued while a stay order from the Court of Appeal was in force and pending applications remained undetermined. The proper forum for lifting the warrant is the issuing court. Restoration of attached properties is warranted to maintain status quo until the Court of Appeal resolves the pending matters.

  • Stay of execution
  • Warrant of attachment
  • Bank guarantee
  • Forum selection
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Contract law sikem real estate developers ltd vs serengeti breweries limited 2022 tzhccomd 186 11 july 2022

sikem real estate developers ltd vs serengeti breweries limited 2022 tzhccomd 186 11 july 2022

High Court commercial case finding a distributorship agreement, breach by the defendant, wrongful bank guarantee recall, and dismissal of the defendant's counterclaim.

  • Breach of contract
  • Distribution agreements
  • Bank guarantee
  • Reconciliation of accounts
  • Specific and general damages
  • Breach-of-contract
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Civil procedure mexons investment limited vs crdb bank plc 2022 tzca 297 13 may 2022

mexons investment limited vs crdb bank plc 2022 tzca 297 13 may 2022

Failure to join Mogas Tanzania Limited, a necessary party, rendered the High Court proceedings a nullity because the dispute could not be effectually and completely adjudicated without Mogas being joined.

  • Joinder of necessary parties
  • Bank guarantee
  • Bank-customer relationship
  • Nullification of proceedings
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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.