Tanzania Case Law

octavian barnabas komba vs absa bank tanzania limited another 2024 tzhc 460 9 february 2024

Court

TZHC

The trial court erred by relying on documentary evidence (Exhibit P8) whose authenticity was challenged without resolving the objection or providing reasons for its admissibility. This procedural irregularity is fatal and renders the judgment a nullity. The proper course is to quash the judgment and remit the matter for a fresh judgment addressing the admissibility of the challenged evidence.

Source excerpt

• Admissibility of evidence
• Damages (special and general)
• Credit reporting
• Loan facilities
• Procedural irregularity

Read case analysis

RAMS HOLDING LTD VS LETSHEGO FAIDIKA BANK LTD COMM CASE NO

Court

TANZLII

The court adopted the deed of settlement as a consent judgment, marking the suit as settled on agreed terms, including payment of TZS 30,000,000 by the plaintiff in full settlement, waiver of the remaining loan by the defendant, removal of the plaintiff and its director from the Creditinfo platform, and discharge of securities upon full payment.

Source excerpt

• Loan agreement
• Settlement
• Credit reporting
• Security discharge

Read case analysis

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

Court

TZHCCOMD

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.

Source excerpt

• Banker's duty
• Loan facility
• Foreign lending
• Syndicated loans
• Bank licensing
• Mortgage discharge

Read case analysis

20181206 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed Stanbic Bank’s appeal, upholding damages for failure to rectify the respondent’s credit information and resulting business loss.

• Negligence
• Credit reporting
• Damages
• Evidence
• Credit-reporting
• Banking-law

Read case analysis

JUDGEMENT OF LETSHEGO BANK VS DICKSON NGONYANI

Court

TANZLII

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.

Source excerpt

• Loan agreements
• Collateral security
• Credit reporting
• Burden of proof
• Admissibility of evidence
• General damages

Read case analysis