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Tanzania decisions
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On second appeal, the High Court allowed the appeal in part, holding that collateral land could not be taken without court process where the borrower was ready to repay the loan.
The dispute was for recovery of a loan and not a land matter; the Resident Magistrate's Court had jurisdiction to determine the suit as the cause of action was contractual, not based on rights to land.
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The High Court upheld dismissal of a bank’s appeal over a guarantee dispute, finding the case was not a land matter and that the appeal was filed in time.
The High Court granted a temporary injunction restraining sale of collateral and recovery steps over a disputed USD 18,710,737 facility, while ordering maintenance of status quo.
The High Court granted a temporary injunction restraining the respondents from selling collateral or recovering specified sums, with no order as to costs.
The High Court’s Commercial Division dismissed Jielong Holdings’ claim against TIB Development Bank, holding the suit was barred by Order II Rule 2 and that no breach of undertaking was proved.
The High Court of Tanzania dismissed a claim against TIB Development Bank, holding the suit was barred by Order II Rule 2 and that no lien breach was proved.
The application for temporary injunction is granted because the dispute raises triable issues, and the balance of convenience favors maintaining the status quo to prevent possible injustice before the main suit is determined. Non-joinder of Equity Bank Kenya does not affect the jurisdiction or maintainability of the application in the present circumstances.
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The collateral for the loan was the respondent's house and household items as per the written agreement; the motor vehicle was not collateral. The written contract binds the parties regarding the interest rate. The appellant illegally seized and auctioned the motor vehicle, justifying the award of general damages.
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The respondent failed to prove full repayment of the loan; surrender and sale of collateral did not discharge the debt; secondary evidence was wrongly admitted; general damages awarded exceeded the amount claimed and lacked evidentiary basis; writing off the debt in the bank's books did not extinguish the respondent's liability.
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