RUHINDA JUDGMENT
The High Court allowed CRDB Bank’s appeal, finding the first respondent was not proved to live in the mortgaged house and the bank was not negligent.
- Matrimonial home
- Spousal consent
- Mortgage
- Collateral
- Negligence
- Matrimonial-home
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KISSIMBA JUDGMENT
The High Court held that an appeal from objection proceedings in execution was incompetent. The proper remedy for a dissatisfied objector was to file a fresh suit.
- Objection proceedings
- Jurisdiction
- Execution of judgments
- Matrimonial property
- Collateral
- Objection-proceedings
CIVIL APPEAL NO
The Respondent failed to prove the loan amount of TZS 30,800,000/=; only TZS 9,190,000/= was proved as advanced and not repaid. The award of general damages was unjustified as no basis was provided. The lack of stamp duty on the loan agreement was an irregularity not affecting the validity of proceedings. Collateral documents not pleaded in the original plaint were expunged. Each party to bear its own costs.
Source excerpt
- Loan agreements
- Stamp duty
- Burden of proof
- General damages
- Collateral
- Interest on judgment debt
mkombozi commercial bank plc vs cosmas alien msigwa ta nyajigala trading center 2022 tzhccomd 324 29 september 2022
The defendant admitted and signed the loan agreements, and is bound by their terms. The correct security for the loans was two properties, not Plot No. P5 Makorongoni. The outstanding amount is to be offset against FDRs, with interest calculated from consolidation date. General damages were not proved.
Source excerpt
- Loan agreements
- Mortgage security
- Collateral
- Interest calculation
- Counterclaim
aisha juma seif vs kikoyo enterprises company limited 3 others 2022 tzhclandd 12208 22 july 2022
The mortgage over the matrimonial house was declared unlawful for lack of spousal consent as required by law. The bank failed its statutory duty to make proper inquiries regarding the marital status of the mortgagor. The property was acquired during marriage, used as a matrimonial home, and the plaintiff proved her marriage and residence. The mortgage cannot stand without the plaintiff's consent.
Source excerpt
- Spousal consent
- Matrimonial property
- Mortgage validity
- Collateral
- Due diligence
- Burden of proof
bahati kipili lwama vs tujijenge limited 2021 tzhc 3522 31 may 2021
The High Court dismissed a civil appeal over a loan dispute, holding that the appellant failed to prove full repayment, unlawful attachment, or specific damages.
- Breach of contract
- Loan agreement
- Collateral
- Burden of proof
- Damages
- Breach-of-contract
ronjino matuli vs george katambi 2020 tzhc 2289 31 august 2020
The High Court allowed a second appeal over a loan-and-collateral dispute, holding the arrangement illegal and the respondent unjustified in disposing of the car.
- Illegality of contract
- Capacity to dispose collateral
- Loan interest
- Evaluation of evidence
- Contract-law
- Banking-law
kuluthumu juma vs haji harambee 2020 tzhc 587 31 march 2020
The High Court dismissed an appeal over an alleged loan agreement and vehicle collateral, finding the appellant's evidence inconsistent with her pleadings and unsupported.
- Loan agreements
- Collateral
- Burden of proof
- Pleadings
- Appeals
- Civil-appeal
20191119 TZHC Dar es Salaam
The High Court held that a FUSO Tipper was not part of the loan collateral, found its sale unlawful, awarded damages, and ordered return of the vehicle and title on repayment of the principal.
- Loan agreements
- Collateral
- Interest rates
- Unlawful sale of property
- Damages
- Loan-agreement
20170915 TZHC Mwanza
Second appeal in a land dispute allowed after the High Court found the lower tribunals misapprehended evidence about a land sale versus a loan secured by collateral.
- Sale of land
- Loan agreement
- Collateral
- Quorum of tribunal
- Appellate review
- Land-law
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